TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 110

bun

GUVERNMENT HUUSE

HUNG KUNG

91

3-22 11:08

CONFIDENTIAL

ARGUMENT

機密

PHGE O

(A) vetention rending screening and Pending Repatriation

7

where

(Chapter

These judicial reviews have highlighted areas

the provisions of the Immigration Ordinance

115)

may be open to further challenge.

In the

judgment on the Habeas Corpus case, the judge commented

waiting time for screening of about two years

that the

detained".

was "an inordinately long period of time for people to be

Later the judge added that "Hong Kong may

well have a heavy burden thrust upon it by virtue of its

international obligation to accept refugees, but, in my

judgment, if detention is under Section 13 (D), then a

of 18 period

waiting time for screening is about two years and, given

months is

unreasonable".

The

average

the

lack

of

additional

Government and

forward by

asylum

resources available

to

the

the growing complexity of the stories put

seekers during their screening

interviews, this waiting time is not likely to shorten.