TNAG-2872-FCO40-4126-Hong-Kong-repatriation-of-ex-China-Vietnamese-illegal-immigr-1993 — Page 68

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

Page 22 of the

Submission:

Comments:

Page 23 of the

Submission:

appearing at immigration or refugee

proceedings.

"While Hong Kong may have authority to control immigration on its territory, it violates international human rights law by locking up thousands of individuals indefinitely who arrived in the colony for the limited purpose of applying for refugee status and whom Hong Kong has chosen not to remove or deport without

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providing at least minimal safeguards."

1.15 The reference to indefinite

detention is clearly wrong. The Vietnamese migrants are always given a

choice to return home under UNHCR's

voluntary repatriation programme at any time during their detention. It is also the Hong Kong Government's objective to minimize as far as practicable the period of detention pending status determination. Under the Orderly Repatriation Programme (ORP), agreed between the United Kingdom Government, Hong Kong Government and the

Vietnamese Government in October 1991, a

total of 735 non-refugees have been

returned to Vietnam. There is therefore

no question of indefinite detention.

"Where the Government consciously makes

the conditions worse in order to harm or harass particular individuals or groups of individuals the conceded purpose of Hong Kong's humane deterrence..

s#612

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