For discussion EC(96-97)49
on 27 November 1996

ITEM FOR ESTABLISHMENT SUBCOMMITTEE
OF FINANCE COMMITTEE

HEAD 151 - GOVERNMENT SECRETARIAT : SECURITY BRANCH
HEAD 30 - CORRECTIONAL SERVICES DEPARTMENT
HEAD 70 - IMMIGRATION DEPARTMENT
Subhead 001 Salaries

Members are invited to recommend to Finance Committee the retention of the following supernumerary posts until 30 September 1997 -

Government Secretariat - Security Branch

1 Administrative Officer Staff Grade B
(D3) ($119,650 - $126,800)

1 Administrative Officer Staff Grade C
(D2) ($102,900 - $109,250)

Correctional Services Department

1 Assistant Commissioner of Correctional Services
(GDS(C)2) ($102,900 - $109,250)

Immigration Department

1 Assistant Director of Immigration
(GDS(C)2) ($102,900 - $109,250)

PROBLEM

The four supernumerary directorate posts dealingpostsdeal with the repatriation of Vietnamese Migrants (VMs) and other related problems of VMs, and the resettlement of the Vietnamese Refugees (VRs) are due to lapsethe four supernumerary posts lapse on 31 March 1997.

PROPOSAL

2. Having regard to the progress of the VM repatriation programme, the Secretary for Security (S for S) proposes to retain the following posts until 30 September 1997 -

  1. 1 supernumerary post of Administrative Officer Staff Grade B in Government Secretariat: Security Branch;
  2. 1 supernumerary post of Administrative Officer Staff Grade C in Government Secretariat: Security Branch;
  3. 1 supernumerary post of Assistant Commissioner of Correctional Services in Correctional Services Department; and
  4. 1 supernumerary post of Assistant Director of Immigration in Immigration Department.

JUSTIFICATION

3. As at the end of October 1996, there are still about 11 000 VMs in Hong Kong. With the exception of a few new arrivals and new born babies, all of them have been determined to be non-refugees and are awaiting repatriation to Vietnam, in accordance with the Comprehensive Plan of Action, the internationally agreed strategy for dealing with the VM issue. The Government will encourage as many VMs as possible to return to Vietnam under the Voluntary Repatriation Programme (Volrep). We have also stepped up the pace of orderly repatriation to 1 000 VMs per month since October 1996. In addition, tThere are some 300 Ex-China Vietnamese Illegal Immigrants (ECVIIs) in Hong Kong pending repatriation to China and There are some 1 300 VRs in Hong Kong awaiting overseas resettlement.

4. The VM issue is a difficult problem, the resolution of which requires careful handling and hard negotiations with foreign governments and liaison with relevant agencies. The Administration is committed to resolving the VM problem as soon as possible. We now propose to renew the four directorate posts listed in paragraph 2 above up to 30 September 1997. We will regularly review the need for these posts and delete the posts as soon as they are no longer necessary.

Government Secretariat - Security Branch

5. The Security Branch provides input at the strategic level. The Administrative Officer Staff Grade B post, designated as Refugee Co-ordinator (RC), is responsible for formulating policies and operational procedures to deal with the VM problem, general supervision of the management of refugee camps and detention centres, the repatriation of screened-out VMs, overseeing the handling of legal challenges to various aspects of the VM policy, and representing Hong Kong at international conferences on the VM problem, negotiations with the Vietnamese Government, liaison with consulates in Hong Kong and the international media.

6. The Administrative Officer Staff Grade C post, designated as Principal Assistant Secretary (Security) Vietnamese [PAS(S)V], assists the RC in discharging his duties, including preparations for the attendance of international conferences and negotiations with the Vietnamese Government, dealing with legal challenges against the VM policy and its implementation, the repatriation of VMs, supervision of the management of refugee camps and VM detention centres, and liaison with the United Nations High Commission for Refugees (UNHCR) and various agencies, District Boards and local media.

7. There is likely to be a continued need to carry out all the above functions for a few more months after 31 March 1997. S for S therefore proposes the retention of the supernumerary posts of RC and PAS(S)V until 30 September 1997. The duty lists of RC and PAS(S)V and the existing directorate structure of Security Branch are at Enclosures 1, 2 and 3 respectively.

Correctional Services Department (CSD)

8. Following the transfer of the VMs from Tai A Chau to the Whitehead Detention Centre in September 1996, all the VMs in Hong Kong, except for a small number who are residing in centres managed by the Civil Aid Services, are now under the unified management of the CSD. The CSD staff try to counsel the VMs to leave voluntarily but, sadly, many of them still hold out to false hopes. The CSD is one of the major departments responsible for the implementation of the Orderly Repatriation Programme (ORP). Their major involvement of CSD in ORP is the extraction of those selected for ORP from detention centres and their subsequent transfer to Victoria Prison and then the airport. Currently we repatriate around 1 000 VMs every month. Obviously reluctant to return, VMs often put up resistance to their repatriation, causing tension and even riots in the detention centres to rise.

9. The management and repatriation of VMs have always been a difficult and delicate task requiring continued directorate leadership. The management of our detention centre is under the scrutiny of international human rights bodies and the legal aspects are subject to judicial review. ORP operations are complex and difficult and require careful planning and execution under directorate level command. S for S therefore proposes the retention of the supernumerary post of Assistant Commissioner (VM) [AC(VM)] until 30 September 1997. The duty list of AC(VM) and the existing directorate structure of CSD are at Enclosures 4 and 5.

Immigration Department (ID)

10. Although we have, with few exceptions, completed the screening of VMs, many VMs still hold out hopes for overseas resettlement. Some VMs resort to lawsuits to fight for a change of their non-refugee status or challenge their detention. The number of legal challenges and the number of VMs involved in these challenges have grown rapidly over the last two years. In December 1993, there were four cases pending, each involving one VM and their families. There are now 14 cases pending involving a total of more than 6 000 persons. There are varied grounds for these challenges, but mainly they concern allegations of deprivation of liberty and illegal detention, and sometimes involve claims of large amounts of damages. These challenges obviously need very careful handling by an officer of sufficient experience and ranking. In addition, we need an officer of sufficient seniority to arrange and authorise the detention , transfer, deportation and repatriation of the VMs. Hence, we need a directorate level officer in the ID.

11. Apart from the VMs, the directorate officer also deals with the residual number of ECVIIs still in Hong Kong. The ECVIIs appealed against their repatriation to China, and we await a decision by the Privy Council. Negotiations with the Chinese authorities in securing their agreement to take these ECVIIs back and their subsequent implementation of the repatriation continues to require the direct involvement of a directorate officer.

12. S for S accordingly proposes to retain the supernumerary post of Assistant Director (VR) [AD(VR)] until 30 September 1997. The duty list of AD(VR) and the existing directorate structure of ID are at Enclosures 6 and 7.

FINANCIAL IMPLICATIONS

13. The total notional annual salary cost of the four supernumerary posts at-mid-point is $5,298,000 and the full annual average staff cost, including salaries and staff on-costs, is $8,822,040. A breakdown is as follows -

Supernumerary posts

Notional Annual Mid-point Salaries
$

Full Annual Average Staff Cost
$

No. of Pposts

Administrative Officer Staff Grade B

1,478,400`

2,588,172

1

Administrative Officer Staff Grade C

1,273,200

2,315,352

1

Assistant Commissioner of Correctional Services

1,273,200

1,901,340

1

Assistant Director of Immigration

1,273,200

2,017,176

1

Total

5,298,000

8,822,040

4

If Members approve this proposal, we shall include sufficient provision in the 1997-98 draft Estimates to meet the cost of this proposal.financial or staffing implications.

14. Four Personal Secretary I posts (with a total notional annual mid-point salary of $1,033,200 and a total full annual average staff cost of $1,625,376) have been created to service the four supernumerary Directorate posts. Should Members approve this proposal, we shall retain the four Personal Secretary I posts for another six months.

BACKGROUND INFORMATION

15. We first created the RC and PAS(S)V posts under delegated authority in November 1988 and June 1989 respectively to provide the Secretary for Security with directorate support in dealing with the problems caused by the large number of VMs in Hong Kong.

16. We first created the AC(VM) post under delegated authority on 1 July 1989 period of six months to deal with the increasing workload generated by the influx of VMs.

17. We first created the AD(VR) post under delegated authority on 7 November 1988 to assist in the formulation of policy relating to the VM and VR issue, to oversee the vetting and screening of VMs, and to deal with the resettlement of refugees and the voluntary repatriation of VMs.

18. Given the continuing need for these posts, we have sought the retention of the posts annually, the last retention being up to 31 March 1997.

19. In view of the reducing VM population, we have closed the Tai A Chau Detention Centre, which was under the management of a contractor company, in September 1996. The closure will result in a saving of $10 million in 1996-97 and $56.6 million from 1997-98 and onwards. We shall continue to monitor the situation closely and will ensure the optimum use of staffing and other resources commensurate with the prevailing requirements of the VM and related issues.

CIVIL SERVICE BRANCH COMMENTS

20. The Civil Service Branch considers that the ranking and grading of the proposed posts are appropriate. (Subject to confirmation by CSB.)

RECOMMENDATIONADVICE OF THE STANDING COMMITTEE ON DIRECTORATE SALARIES AND CONDITIONS OF SERVICE AND STANDING COMMITTEE ON DISCIPLINED SERVICES SALARIES AND CONDITIONS OF SERVICE

21. As the posts are proposed on a supernumerary basis, if Members approve their retention, we shall report their retention to the Standing Committee on Directorate Salaries and Conditions of Service and the Standing Committee on Disciplined Services Salaries and Conditions of Service.

Security Branch
November 1996

Enclosure 1 to EC (96-97)49

Duty List of Refugee Co-ordinator
Security Branch, Government Secretariat

The Refugee Co-ordinator is the head of the Vietnamese Division. He is responsible to the Secretary for Security for policy matters relating to VMs and VRs.

Description of Duties

  1. To formulate policies and operational procedures to deal with the problems of VMs and VRs.
  2. To plan and co-ordinate the return of screened-out VMs under the Orderly Repatriation Programme.
  3. To monitor the voluntary repatriation programme, which is the principal means of securing the return of VMs to Vietnam under the Comprehensive Plan of Action. While the programme is administered by the UNHCR, Hong Kong Government provides logistical support and views on how repatriation might be accelerated.
  4. To negotiate with the Vietnamese Government on VM issue.
  5. To liaise closely with Foreign and Commonwealth Office, British Embassy/Hanoi, non-government organisations and consulates on the repatriation and resettlement of VMs/VRs.
  6. To attend international conference on VM problem.

Enclosure 2 to EC (96-97)49

Duty List of Principal Assistant Secretary (Security) Vietnamese
Security Branch, Government Secretariat

Description of Duties

  1. To assist the Refugee Co-ordinator in the formulation and review of policy on VMs and VRs.
  2. To co-ordinate and implement policy relating to the repatriation of VMs and Ex-China Vietnamese illegal immigrants, deportation of VM criminals and the resettlement of VRs.
  3. To co-ordinate the general management of refugee camp and detention centres.
  4. To review regularly the legislation relating to VMs and VRs.
  5. To liaise with the UNHCR, non-government organisations and consulates on VM and VR matters.
  6. To direct and co-ordinate local publicity, community liaison and information activities on VM and VR matters.
  7. To deal with various legal challenges, appeals and claims by VMs.

Enclosure 4 to EC (96-97)49

Duty List of Assistant Commissioner (Vietnamese Migrants)
Correctional Services Department

The Assistant Commissioner (Vietnamese Migrants) is in command of all Vietnamese Migrants Detention Centres run by the Department. He is responsible to the Deputy Commissioner for the administration and overall direction of the Vietnamese Migrants Detention Centres.

Description of Duties

  1. To plan, direct and co-ordinate all matters regarding the management of Vietnamese Migrants Detention Centres under the care of the Department and the treatment of VM residents therein.
  2. To monitor the proper implementation of government policy on VMs.
  3. To assist in the promulgation of Vietnamese Migrants Detention Centre Standing Orders and issue instructions and guidelines on the management of CSD-run Vietnamese Migrants Detention Centres and on the treatment of VMs in these centres.
  4. To oversee estimates and expenditure of funds allocated to the Vietnamese Migrants Division.
  5. To maintain a high level of staff morale and standard of discipline of staff working in CSD-run Vietnamese Migrants Detention Centres.
  6. To liaise with policy branches, other government departments, the UNHCR and other non-Governmental organisations on matters concerning the management of Vietnamese Migrants Detention Camps and the treatment of camp residents.
  7. To be responsible for -
    1. actions to be taken in response to petitions, complaints and litigation concerning the management of Vietnamese Migrants Detention Centres or the treatment and detention of VMs;
    2. dealing with appeals made by camp residents against the findings and/or punishments awarded by Superintendents in a disciplinary hearing;
    3. the formulation of replies to queries made by the public; and
    4. preparing, with the assistance of a Principal Information Officer, response to media reports on VM matters.

Enclosure 6 to EC (96-97)49

Duty List of Assistant Director (Vietnamese Refugees)
Immigration Department

The Assistant Director (Vietnamese Refugees) is personally responsible for the exercise of statutory powers under the Immigration Ordinance, Cap. 115, in respect of the screening, detention, stay and removal of all VMs and VRs in Hong Kong. He is also responsible for operational matters relating to the detention and repatriation of Ex-China Vietnamese illegal immigrants.

Description of Duties

  1. To provide technical support to the Refugee Co-ordinator, Security Branch, in formulating policy and strategy on VMs and Ex-China Vietnamese illegal immigrants matters.
  2. To exercise statutory powers in authorising the detention, transfer, removal, release, repatriation, etc. of all VMs, VRs and Ex-China Vietnamese illegal immigrants in the territory and to deal with sensitive/complicated cases.
  3. To assist in the planning and execution of the orderly repatriation programme.
  4. To handle litigation relating to judicial reviews, damage claims, writs of habeas corpus, etc. from VMs and Ex-China Vietnamese illegal immigrants.
  5. To liaise with the UNHCR and consulates on cases involving the (voluntary) repatriation of VMs and resettlement of VRs.
  6. To attend technical meetings with the UNHCR, Vietnamese authorities and Chinese authorities on all matters relating to the repatriation of VMs and Ex-China Vietnamese illegal immigrants.

Last Updated on 12 August 1999