which will be studied
particularly
Closely and
X
22 March 1989]
THE FOREIGN AFFAIRS COMMITTEE
7
[Continued
Declaration verbatim. But it contained a number of deficiencies which were identified during the consultation period. Although it is too soon to assess public reaction in Hong Kong, it is clear that the second draft contains substantial improvements reflecting concerns expressed during the first consultation period (Annex C to this Memorandum contains a table, illustrating the areas of the draft Basic Law where substantial improvements have already been made).
44. The British Government will consider carefully, in the light of reactions in Hong Kong in the course of the second round of public consultation, what further views should be conveyed to the Chinese authorities. A section/which has already aroused controversy in Hong Kong is that on the future constitutional structure. This is an area of particular importance for confidence in Hong Kong.
X. VIETNAMese Boat PEOPLE
45. In accordance with the outcome of the United Nations Conference on Indo-Chinese refugees held in Geneva in 1979, Hong Kong and some countries in the region have provided temporary shelter to all boat people arriving from Vietnam, on the understanding that they would eventually be resettled by the international community. Since 1975 some 133,000 boat people have arrived in Hong Kong from Vietnam, of whom over 100,000 have been resettled abroad. In the years immediately after the Geneva Conference, the number of boat people remaining in Hong Kong steadily diminished to a low of about 7,600 people in May 1987. In the past 2 years, however, the trend has reversed and the arrangements agreed at the Conference have come under increasing strain. In the summer of 1987 a new influx began, while the rate of resettlement fell. In 1988, 18,000 boat people arrived in Hong Kong; resettlement amounted to 2,700. By the end of February 1989, there were a total of some 26,000 Vietnamese refugees and boat people in refugee centres in Hong Kong. The prospect of an indefinite growth in the boat people population in Hong Kong is a source of great and mounting concern in the territory. Many Hong Kong people contrast the treatment of the boat people with that accorded to illegal immigrants from China, who are regularly and promptly repatriated. 21,000 illegal immigrants from China were repatriated in 1988.
46. During the past few years the pattern of arrivals in Hong Kong has also changed. About 70 per cent of recent arrivals are from the northern part of Vietnam and 99 per cent are ethnic Vietnamese (whereas some 80 per cent of arrivals in 1979 were ethnic Chinese). The great majority are farmers and fishermen. Many of the resettlement countries have raised doubts about whether such people are in fact genuine refugees or simply economic migrants. They were unwilling to continue accepting boat people at anything like the previous rate. In these circumstances, the recent arrivals were coming on the false premise that they could be resettled from Hong Kong. It was clear that Hong Kong could no longer be regarded as a staging post to a future that did not and could not exist.
47. These new circumstances led the Hong Kong Government, with the full support of the British Government, to alter their policy. From 16 June 1988, all boat people arriving in Hong Kong from Vietnam have been subject to a screening procedure, approved by the United Nations High Com- missioner for Refugees, to determine whether they qualify as genuine refugees. In order so to qualify, new arrivals must be able to present a case of a well-founded fear of persecution. Those who do qualify are moved to refugee centres to await resettlement overseas. Those who do not have no access to resettlement. It is clear that their future lies in Vietnam and that it is right to work for acceptable arrangements for their return including satisfactory safeguards for their treatment in Vietnam. Such arrangements are in line with international policy that all illegal immigrants, whichever country they come from, should be repatriated as soon as possible.
48. Hong Kong has adopted internationally established procedures for determining refugee status, in line with the 1951 Convention and the 1967 Protocal relating to the status of refugees of the UNHCR, The Hong Kong Government and the UNHCR have concluded a Statement of Understanding on the establishment and monitoring of the screening and appeals procedure. A scheme for the provision of legal advice has been arranged by UNHCR to assist boat people to prepare appeals against decisions to refuse them refugee status. In 1988 the British Government made a contribution of £1 million towards the UNHCR's programme for Vietnamese boat people in Hong Kong. A futher contribution of £1 million was announced in January 1989.
49. Two rounds of talks have been held between representatives from the United Kingdom and Hong Kong Governments and the Government of the Socialist Republic of Vietnam. During the second round of talks, held in London in October 1988, the two sides agreed on the need for comprehensive arrangements for all boat people arriving in Hong Kong after 16 June 1988. The two sides agreed to make an immediate start on arrangements for the return of those who had already asked to be repatriated. Assurances have been obtained from the Vietnamese authorities that all returnees will be treated humanely and that no one will be punished. It was also agreed that the UNHCR should monitor the treatment of returnees and their reintegration into Vietnam. In December, the UNHCR and the
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