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MDHIAN 5718
AND FOCUSES EXCLUSIVELY ON HONG KONG. THE REPORT CONTAINS DETAILED CRITICISM OF THE CONDUCT OF SCREENING INTERVIEWS AND OF THE APPEALS PROCEDURE. IT RECOMMENDS THAT UNHCR PROVIDE PRE- INTERVIEW ASSISTANCE TO EACH APPLICANT AND IMPROVEMENTS IN THE COMPETENCE OF INTERPRETERS: URGES THE HONG KONG GOVERNMENT TO PROVIDE SPECIFIC REASONS FOR DENIAL OF EACH CASE AND ASKS THAT AN ADMINISTRATIVE BOARD INDEPENDENT OF THE IMMIGRATION DEPARTMENT BE SET UP TO HEAR APPEALS. IT ALSO PROPOSES THAT UNHCR SHOULD MONITOR AT LEAST 50 PER CENT OF ALL INTERVIEWS AND PROVIDE LEGAL ADVICE ON APPEAL TO ALL WHO NEED IT.
6.
THE REPORT IS ALSO CRITICAL OF THE TREATMENT OF VIETNAMESE IN THE CAMPS, AND CONDITIONS THERE. IT RECOMMENDS A RELAXATION OF THE LETTER WRITING RESTRICTIONS AND A VARIETY OF SPECIFIC MEASURES TO IMPROVE THE QUOTE SAFETY, HEALTH AND SPIRIT OF THE VIETNAMESE IN DETENTION UNQUOTE.
7. ON REPATRIATION THE REPORT CONTAINS A LENGTHY LEGAL ARGUMENT CONCLUDING THAT FORCIBLE REPATRIATION, IN THE ABSENCE OF A BINDING COMMITMENT BY THE VIETNAMESE GOVERNMENT NOT TO PENALISE THOSE WHO ARE RETURNED, WOULD BE A BREACH OF THE UK'S TREATY OBLIGATIONS ON NON-REFOULEMENT. IT, RECOMMENDS THAT TEMPORARY REFUGE SHOULD BE PROVIDED TO VIETNAMESE REFUGEES AND QUOTE THOSE WHO LACK THE PROTECTION OF THE SRV UNQUOTE AND FACE SUBSTANTIAL VIOLATIONS OF HUMAN RIGHTS IF RETURNED. REPATRIATION SHOULD ONLY OCCUR IF BINDING COMMITMENTS FROM VIETNAM NOT TO PENALISE RETURNING CITIZENS ARE IN PLACE AND UNHCR ARE ABLE EFFECTIVELY TO MONITOR RETURNEES.
8. WE CAN EXPECT THE IRAC REPORT TO BE WIDELY READ ON THE HILL AND ELSEWHERE IN WASHINGTON. A FULL COPY FOLLOWS BY BAG. IT WOULD BE USEFUL TO HAVE A LINE TO TAKE ON THE MAIN CRITICISMS AS SOON AS YOU HAVE BEEN ABLE TO DIGEST IT.
ACLAND
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ΜΑΙΝ
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DISTRIBUTION
101
.VIETNAMESE BOAT PEOPLE IN HK
LIMITED
HKD
SEAD
NAD
PS
PS/MRS
CHALKER
PS/LORD GLENARTHUR
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