In paragraph 5.24 above, I refer to the internal directions which the Governor may give in relation to the exercise of powers, duties or functions under the Immigration Ordinance. It might be important to clarify whether any such directions have been given in respect to the approach or method to be adopted by the Immigration Service or RSRB in these tasks.
6.7.
6.8.
GENERALLY
I would like to take it on myself to see if it is possible to prepare a new scheme which shifts the emphasis at each stage in a way that would make everybody's position easier, and the process more just, and (I suspect) perhaps even save money overall on a notional basis, but this may be asking for too much. Government staff costs for status determination are HK$61 million for 1990/91. The total budget is HK$100 million.) 326 staff are employed on the process full time in the government alone. The overall cost for,
19amps etc to the U.K. and HK
Governments in 1989-90 was £71 million. Yet, if the system does not prepare applicants for the screening process, and the answers given in it are not sufficiently reliable, how can a screening process be cost-effective? It seems unlikely to be trusted. The Minister of State at the FCO has indicated that "Improvements to the screening process can only be regarded as worthwhile if they remove real risks that individuals will suffer as a result of its deficiencies". I adopt that as the criterion by which all recommendations should be judged. In order to do the work, I would need access to observe HKIS, RSRB, UNHCR and AVS staff, and to see how files are made up. I would need to redesign questionnaires; and I would need the co-operation of asylum-seekers, CSD and police. I would need to discuss the interpreters' difficulties. Having prepared the new scheme, I would want to call a day-long meeting in Hong Kong under RIPA or British Parliamentary Human Rights Group auspices to give everyone a chance to tear apart a short draft scheme presented by me in advance. I would then re-submit to the Hong Kong government. As usual, I would make no press statement, and would prefer to retain an independent status.
If the screening process fails its test under the judicial review now before the courts, new arrangements will be necessary.
If it passes
its test, I believe that Hong Kong will still need to consider carefully whether repatriation on the basis of the existing process is likely to work. As I have said, I believe that a screening process can be designed which the boat people know represents the fairest crack they could possibly get. And if they know that, repatriations may be much easier to accomplish. And then there is the whole question of
further inducements.
6.9.
Thus, there seem to me to be two pre-conditions which the Hong Kong
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