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For decision on 13.9.88
ANNEX A TO XCCI(88)74
MEMORANDUM FOR EXECUTIVE COUNCIL
VIETNAMESE BOAT PEOPLE
APPEALS PROCEDURE FOR VIETNAMESE
ILLEGAL IMMIGRANTS
XCC (88) 125 Copy No....
THE PROBLEM
Following implementation of the new screening policy on 16 June 1988, over 9,000 Vietnamese boat people
people have arrived in Hong Kong. Of the 1,089 interviewed by Immigration Department so far, 565 appear likely to be determined to be Vietnamese illegal immigrants
(VIIS). None of those being screened have been determined to be refugees so far. It is expected that most of the screened out VIIS will
will wish to appeal against the determination. They may do so by lodging objection to the decision which must be considered by the Governor in Council under Section 53 of the Immigration Ordinance (the Ordinance) (Chapter 115).
an
RECOMMENDATION AND ADVICE SOUGHT
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out
Members are asked to approve the detailed procedure for processing appeals from screened Vietnamese illegal immigrants recommended in paragraph 12.
BACKGROUND
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On 7 June 1988, after considering memorandum XCSI(88)1 at Annex A,
at Annex A, Members noted the screening procedure, including the right of appeal of the VIIs, to the Governor in Council under Section 53 of the Immigration Ordinance (Chapter 115).
4
On 14 June
1988, after considering memorandum
XCS (88) 11 at Annex B, the Council advised and the Governor ordered, inter alia, that in the light of public reaction on the question of double standards as between treatment of CIIs and VIIS, legislation should be proposed to provide for the replacement of the right of VIIs to appeal to the Governor in Council with a right of appeal to the Governor. But since there has been no public reaction on the general question of appeals for VIIS, and little local interest as yet on the specific issue of double standards, the legislation which was drafted has not been introduced into the Legislative Council.
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