§ Mr. Alex CarlileTo ask the Secretary of State for Foreign and Commonwealth Affairs when he would expect a Vietnamese refugee arriving in Hong Kong today to have completed the screening procedure at the present rate of disposal; how much longer he would expect the appeal procedure to take if screened out; and if he will make a statement.
§ Mr. EggarAt the present rate of screening, Vietnamese boat people arriving in Hong Kong today would have to wait for about four and a half years before they could be screened. Those screened out who appeal against the decision could expect to wait another year before the appeal is determined. The Hong Kong Government are aware that the present screening and appeal procedures take too long to complete: these procedures are under urgent review.
§ Mr. Alex CarlileTo ask the Secretary of State for Foreign and Commonwealth Affairs!what is the nationality status of Vietnamese refugees in Hong Kong; what provision is made under the British Nationality Act concerning the status of children born to refugees residing in the territory of Hong Kong; and if he will make a statement.
§ Mr. EggarThe nationality of Vietnamese refugees and boat people in Hong Kong will be governed by the nationality laws of Vietnam, or of any other state whose nationality they might claim.
Persons born in Hong Kong before 1 January 1983, including those born to Vietnamese refugees, were born "British subjects: citizens of the United Kingdom and Colonies" under the British Nationality Act 1948. On 1 January 1983, such persons became British Dependent Territories Citizens under the British Nationality Act 1981, which came into force on that date. After that date, persons born to Vietnamese refugees or boat people in Hong Kong do not have British nationality by virtue of their birth there.
§ Mr. Alex CarlileTo ask the Secretary of State for Foreign and Commonwealth Affairs what advice is given to Vietnamese refugees during the screening procedure in Hong Kong, including advice as to legal representation; whether such refugees are entitled to legal representation during the procedure; if he will place in the Library copies of the forms of all notices and documents served upon such refugees; what proportion of the refugees is represented by lawyers during the screening procedure; and if he will make a statement.
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§ Mr. EggarAsylum seekers are informed of the nature and purpose of the screening procedure before the screening interview. Those asylum seekers who, after the screening interview, are refused refugee status are informed in writing of their right of appeal, how to lodge an appeal, and the availability of legal assistance from the UNHCR in preparing their statements of appeal. Notices and documents served to asylum seekers will be obained from the Hong Kong authorities and placed in the Library.
§ Mr. Alex CarlileTo ask the Secretary of State for Foreign and Commonwealth Affairs if he has any proposals to extend to Hong Kong the treaty obligations applicable to the United Kingdom as a result of United Kingdom ratification of the United Nations convention on refugees (1951) and the protocol (1967); and if he will make a statement.
§ Mr. EggarNo. The procedures currently being used in Hong Kong to determine whether newly arrived boat people meet the criteria for refugee status are fully in accordance with the terms of the 1951 convention and the 1967 protocol.