TNAG-2401-FCO40-3488-Vietnamese-migrants-Orderly-Repatriation-Programme-(ORP)-1992 — Page 190

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 330

OF 030952Z FEBRUARY 92

INFO PRIORITY UKMIS GENEVA

CONFIDENTIAL

HKA 020/14

fa

imp

056332

MDLIAN 1361

16

INFO ROUTINE WASHINGTON, HANOI

HKC_38 4 4 NO.J

39 1991.

HONG KONG TELNO 2039 OF 1991: JUDICIAL REVIEW OF SCREENING

1. WE REPORTED IN TUR THAT TWO OF THE NINE SCREENED OUT MIGRANTS WHO SOUGHT JUDICIAL REVIEW OF THEIR SCREENING IN THE HONG KONG HIGH COURT AT THE END OF 1990 HAD, ON FURTHER REVIEW BY AN INDEPENDENT PANEL, BEEN GIVEN REFUGEE STATUS. IN THE OTHER SEVEN CASES THE FINDINGS OF THE ORIGINAL SCREENING PROCEDURE WERE CONFIRMED.

2. THESE SEVEN CASES HAVE SINCE RESTED WITH UNHCR HERE FOR CONSIDERATION OF MANDATE REFUGEE STATUS IN THE NORMAL WAY. WE KNOW FROM PERIODIC CONVERSATIONS WITH UNHCR THAT THEY HAVE BEEN UNDER SEVERE PRESSURE FROM THE AMERICAN LAWYERS WHO ORIGINALLY BACKED THE JUDICIAL REVIEW (ESPECIALLY ARTHUR HELTON'S US LAWYERS COMMITTEE FOR HUMAN RIGHTS) TO GIVE THE REMAINING SEVEN REFUGEE STATUS ON THE GROUNDS INTER ALIA THAT THE COURT CASES AND SURROUNDING PUBLICITY HAD MADE THESE SEVEN 'REFUGEES SUR PLACE'.

3. UNHCR HAVE RECENTLY TOLD US INFORMALLY THAT THEY HAVE NOW DECIDED TO GIVE TWO OF THE SEVEN REFUGEE STATUS. ONE IS DO GIAU (THE FIRST OF THE TWO INDIVIDUAL CASES THAT WERE ACTUALLY HEARD IN COURT) AND THE OTHER ID NGUYEN CUONG. WE UNDERSTAND THAT UNHCR WILL BE WRITING TO US VERY SOON ON THESE.

4. IT IS UNFORTUNATE THAT UNHCR HONG KONG HAVE DECIDED TO GIVE ANY OF THESE SEVEN REFUGEE STATUS. UNHCR ARGUE THAT IT IS NOT ON 'SUR PLACE' GROUND THAT THEY ARE DOING SO BUT BECAUSE OF INDIVIDUAL INFORMATION AVAILABLE TO THEM THAT WAS NOT AVAILABLE TO THE INDEPENDENT PANELS. OUR OVERSEAS CRITICS OF SCREENING, HOWEVER, WILL USE THIS TO ARGUE THAT EVEN AFTER FURTHER INDEPENDENT REVIEWS WE FAILED TO PICK UP TWO OUT OF SEVEN REFUGEE CASES, AND THAT OUT OF ALL NINE ORIGINALLY SCREENED OUT WE MISSED (SIC) FOUR. THE FACT IS HOWEVER THAT OUR PANELS (WHICH WERE CONSTITUTED FROM THE RSRB MEMBERSHIP) WENT THROUGH ALL NINE CASES IN EXHAUSTIVE DETAIL AND ARE SATISFIED THAT THEY MISSED NO ONE.

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