have criticized the refugee status determination procedures. Among the deficiencies cited are inadequate access to legal advice and representation, adjudicator prejudgment, and inadequate statement of reasons for denials. The UNHCR, which is actively involved in monitoring the procedures, stated that the Hong Kong authorities have corrected many deficiencies, and evaluated the system overall as fair.
In February a lawsuit was filed in Hong Kong by 10 unsuccessful asylum seekers seeking to overturn the decision that they did not qualify for refugee status. The matter is not expected to be resolved until mid-1991. The potential ramifications of the lawsuit are significant in that--if the plaintiffs prevail and the courts find that the procedures were seriously flawed--the Government would have to consider whether to reprocess the 15,000 cases already decided under the existing system.
The Vietnamese boat people situation stabilized in 1990 with approximately 6,000 new arrivals, compared to 34,000 in 1989 and 18,000 in 1988. As a result of continued resettlement efforts and the expanding voluntary repatriation program, at the end of the year there were fewer Vietnamese asylum seekers in Hong Kong (52,000) than there had been at the end of 1989. The Government built 20,000 more spaces for asylum seekers to reduce overcrowding and to prepare for additional arrivals. At the same time, the Government closed some of the less suitable facilities such as the San Yick and Sham Shui Po detention centers. Sporadic, internecine violence plagued the largest of the detention centers, Whitehead (25,000
the residents), during the first part of 1990. On May 4, Government launched a major raid of the center, searching every resident, regardless of age, and searching everyone's possessions for contraband. The UNHCR protested the use of force and tear gas during the operation. Over 2,500 homemade knives and swords were seized in the raid. Shortly afterward, the Government transferred 168 male detainees, largely from
Some Whitehead, to a separate, more secure detention center. of the men transferred were identified as having been involved in thefts and extortion. Others were selected because they were "troublemakers." The UNHCR is monitoring the selection process and the conditions in this center to prevent abuse by government authorities.
In November a Hong Kong judge ordered the release of 111 boat people who had stopped in Hong Kong when their boat developed engine trouble while enroute to Japan. The Hong Kong Government determined it was not cost effective to repair or replace their boat, and put them in detention. They had been detained 18 months at the time of their release. However, the HKG immediately rearrested them, only to release them on token bail the next day after a storm of criticism both in Hong Kong and abroad that the authorities had undermined the rule of law.
No forcible repatriation of Vietnamese boat people took place in 1990. From January to mid-December 1990, 5,221 people returned to Vietnam voluntarily, bringing the total number of voluntary returns since Hong Kong began screening to 6,095. On September 21 the U.K., Vietnam, and the UNHCR reached an agreement to increase the repatriation of Vietnamese asylum seekers who fail to qualify for refugee status in Hong Kong. The accord pledged to accelerate voluntary repatriations to 1,000 per month, and to expand repatriation to include a new "nonobjector category--those who do not volunteer, but do not
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