TNAG-2401-FCO40-3488-Vietnamese-migrants-Orderly-Repatriation-Programme-(ORP)-1992 — Page 124

MODALITIES OF THE ORDERLY REPATRIATION PROGRAMME FOR VIETNAMESE MIGRANTS ARRIVING IN HONG KONG AFTER 29 OCTOBER 1991

1. Building on previous understandings and experience with repatriation to Vietnam, the following measures were agreed.

A) The United Kingdom/Hong Kong Governments will hand over to the Vietnamese Government a list (known as List A) of those Vietnamese migrants arriving in Hong Kong after 29 October 1991 who are found to be illegal immigrants after determination of their status by the Hong Kong Director of Immigration. List A will contain information in the form requested by the Vietnamese Government. Following receipt of List A, the Vietnamese Government will quickly hand over to the United Kingdom/ Hong Kong Governments a further list (List B) which will confirm the names of the illegal immigrants in List A whom Vietnam is ready to receive.

B) 'The United Kingdom/Hong Kong Governments will give the Vietnamese Government 14 days notice of the date, place and flight details planned for the return, and hand over at the same time a list (known as List C and based on List B) of those scheduled to return on the flight in question.

C) The United Kingdom/Hong Kong Governments will seek the necessary diplomatic clearance for the flight and the Vietnamese Government will inform them of its authorisation for the flight at least 7 days before the planned flight date.

D)

As soon as the review stage of the status determination process is complete, the United Kingdom/Hong Kong Governments will give the Vietnamese Government final confirmation of those scheduled to return 72 hours before the flight date. The Vietnamese Government will accept at this stage any deletions and consider any additions to List C previously submitted at (B), based on List B submitted at (A) above.

E) The United Kingdom/Hong Kong Governments will provide the Vietnamese Government with a definitive list (known as List D) of those who return at the airport on arrival.

F) If so required by the Vietnamese Government, the

United Kingdom/Hong Kong Governments will provide the Vietnamese Government with health certificates in respect of those who return at the airport on arrival.

G) Returns will be part of an Orderly Repatriation Programme in accordance with international practice and the Comprehensive Plan of Action.

H) Returnees in this category will enjoy the same guarantees as foreseen in the Memorandum of Understanding of 13 December 1988 between the Socialist Republic of Vietnam and UNHCR.

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