CONFIDENTIAL #2
機密
La mà
1
passports.
many construction workers on the site were holders of foreign
There was also, the contact said, a clear sense of
alienation between Chinese officials and Hong Kong personnel
envians?
working on site. The Chinese being sceptical of the apparent
different life-style enjoyed by the Hong Kong Chinese.
ق
* CA
French
Assessment Unit
Security Branch
SCR 10/1476/82
28 February 1989
CONFIDENTIAL ##
機密
ISAS
C
Distribution
S for S
DS (S)
PAS (S) 5
S (GD)
DS (GD)
PAS (GD) 1
PAS (GD) 2
PAS (GD) 3
PS/GH
PA (2)
DCS (2)
AA/CS
DS (CE)
SDA
Recipients should note that these reports should be destroyed after six months
a
Paper for item 5
d
Asia Committee Meeting Agenda
"Mio 24,319
Vietnamese Asylum Seekers in Hong Kong
Mr Kaswell, HOLD
(106)
1.
Background
J
From 16 June 1988, the British and Hong Kong Governments introduced a screening procedure for newly arriving asylum seekers from Vietnam. All new arrivals are put in closed Detention Centres where their applications are processed by Hong Kong Immigration officials, according to UNHCR definition and guidelines. Once refused, applicants are classed as illegal immigrants and are detained pending repatriation to Vietnam.
At the present time, repatriation is not carried out because the Vietnamese Government has refused to accept anybody who has been forced to return. Those screened out are therefore to remain in prison with no prospect of resettlement and an uncertain future in detention, with 1997 on the horizon.
2.
Screening Procedure
2.1
2.2
2.3
This is based on an apparently rigidly applied interpreta- tion of UNHCR definition i.e. a well-founded fear of persecution.
The starting points appear to be that the new arrivals are economic migrants, and that the policy is intended to act as a deterrent.
The interview is conducted in 3 languages. The Immigration Officer asks the question from a UNHCR-prepared questionnaire in Cantonese. This is translated by an official Hong Kong Government interpreter into Vietnamese. The refugee's response is translated by the interpreter into Cantonese first and then English. Notes are taken in English. Interpreters must pass a test, but their Vietnamese is often inadequate. Officials often deviate from the questionnaire. Negative answers will indicate that the refugee has not understood the question. UNHCR officers have witnessed shouting and abuse.
Interviews seem generally to assume 'guilt' rather than 'innocence'. The atmosphere is not conducive to ease of communication or trust on the part of the applicants.
The interview is the basis of the application. The file is passed to the Senior and Chief Immigration Officers to record their assessment and decision. The asylum seeker is informed and may appeal within 14 days. Reasons for refusal are seldom given. UNHCR is responsible for preparing the grounds of appeal.
UNHCR can intervene at any time. These interventions are considered by the Immigration Service which may then review its decision. If the decision is not reviewed the appeal and file go to the Security Branch; the final decision to refuse rests with the Governor of Hong Kong in Council. There is no independent body examining the file, and no provision for a hearing or oral representation.
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