TNAG-2401-FCO40-3488-Vietnamese-migrants-Orderly-Repatriation-Programme-(ORP)-1992 — Page 145

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

DRAFT LETTER FROM PS

TO: Dr Andrew Purkis

Secretary for Public Affairs

Lambeth Palace

LONDON SE1 7JU

Thank you for your letter of 30 March about the case

of Mr Manh Luong Nguyen.

Hong Kong's status determination procedures were designed, in conjunction with UNHCR, to apply the

criteria of the 1951 UN Convention and its 1967 protocol

relating to the status of refugees. Interviews follow a

standard questionnaire designed in agreement with UNHCR.

All asylum seekers are briefed on the screening process

by UNHCR staff and legal counsellors have unrestricted

access to screening interviews. As a further measure,

the Hong Kong authorities have now arranged for all

asylum seekers to have their statements read back to

them. This follows Justice Mortimer's comments on the

desirability of such a practice in judicial review of the

procedures in the Hong Kong High Court last year.

The first instance decision on the claim to refugee

status is notified to all asylum seekers. Those not

granted refugee status are advised of the right to seek

review of the decision which must be exercised within 28

days. The reviews are undertaken by a Refugee Status Review Board which is headed by a former judge and

APLADU

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