Vietnamese Boat People (Hansard, 8 May 1990)

§ Mr. Alton
To ask the Secretary of State for Foreign and Commonwealth Affairs how many Vietnamese boat people refused refugee status by the Hong Kong authorities have been accepted by the UNHCR under its own mandate.

§ Mr. Maude
The UNHCR has chosen to exercise its mandate on behalf of 106 refugees so far. This is less than 1 per cent. of cases decided by the Hong Kong Immigration Department and the refugee status review board (RSRB).

§ Mr. Alton
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will give the reasons why refugee status review boards sit in closed private session when reviewing cases of Vietnamese boat people refused refugee status.

§ Mr. Maude
The refugee status review board (RSRB) perform an administrative rather than a judicial function. It replaces a function originally performed by the Executive Council which also sits in closed private sessions during its deliberations. Although the refugee status review board make its final decisions in private session, a representative of the UNHCR is allowed to be present when a board interviews an asylum seeker. UNHCR and its operating partner, the agency for volunteer service (AVS), also have the opportunity to make representations on individual cases, before the final decision is taken, at their weekly meeting with the chairman of the board.

§ Mr. Alton
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will provide for Vietnamese boat people's legal representatives to be allowed to attend screening interviews and sessions of the refugee status review boards.

§ Mr. Maude
The purpose of the screening interview is to record and assess the facts relating to an asylum seeker's claim to refugee status. The presence of a legal representative would serve little purpose in this context. The refugee status review board does invite UNHCR legal counsellors to be present during its interviews and a copy of the record is made available for comment.

§ Mr. Alton
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will provide for a legal adviser to be assigned to each Vietnamese boat person applying for refugee status before screening.

§ Mr. Maude
The provision for legal services to asylum seekers is not the responsibility of the Hong Kong Government. Under the statement of understanding agreed between UNHCR and the Hong Kong Government in September 1988, UNHCR accepted responsibility for providing legal advice to asylum seekers at all stages of the screening and review procedures. Legal aid is not available in Hong Kong except in the High Court and the district court.

§ Mr. Alton
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will give the figures for24W the number of cases regarding the refusal of refugee status to Vietnamese boat peope by refugee status review boards that have been decided (a) unanimously or (b) by a majority.

§ Mr. Maude
An application for review of a negative decision can be rejected only if all members of the review panel decide that the review should not be allowed. If one member of the panel decides in favour of the asylum seeker, the director of immigration's decision will be overturned. Any decision against the asylum seeker must therefore be unanimous.

§ Mr. Alton
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will take steps to ensure that Vietnamese boat people awaiting screening for refugee status receive a written description of the nature and conduct of the process in Vietnamese before interview.

§ Mr. Maude
Under paragraph 6 of the comprehensive plan of action agreed at the UN conference in Geneva last June, provision of information about screening is the responsibility of UNHCR. They have distributed in all centres an information book describing the status determination procedures.