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6. Article 26 applies to refugees "lawfully in" a territory. This is so where they have obtained; rior authorisation to enter a territory (e.g. on re-settlement) with the same or better status than other aliens. Also where a country of first resort "regulariscs their "tatur" (ses Article 31) by according then such a tatus.
7. Article 31(1) prevents the imposition of penalties for illegal entry in the case of cfugees arriving directly
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who present themselves without delay to the authoritice to
eek authorisation. This does not prevent prosecution of those who organise etc. the illegal entry of others.
Article 31(2) allows "necessary restriction: to be
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applied to "such refugees", but only until their status is regularised.... What is meant by regularised"? Arguably it may moan until the refugeu's unlawful entry or presence is brought within the law by conditional permission to remain pending resettlement? and that consequently at that stage necessary" restrictions or movement must cease. But the better view is that regularisation of status mean; the giving to such refugees the samo statu. as, for instance, aliens (cf. authorising the presence as opposed to status - of the refugee in Act 31(1)). This we do not do ; we merely permit refugees to remain temporarily in Hong Kong as a refugee until departure for re-settlement overseas or until such date as is specified by an Immigration Officer. Consequently until such refugees ar: accepted for re-settlement overscas (or within this community in the same way as in a country of re-settlement), "necessary" restrictions may continue to be imposed despite the grant of conditional permission to stay. Common sensc supports the latter construction for it would be a strange and harmful effect of th Convention if countries accepting refugees in their thousands pending re-settlement should not have the right to protect the interests of their own citizens by restricting the movement of such refugees and containing them, where necessary, in camps.
9.
Articles 32 and 33 - "Expulsion"
A distinction is drawn between Article 32 ("a refugee lawfully in the territory") and Article 33 ("any refugee").
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