GPS 410

CONFIDENTIAL

FM HONG KONG 26095OZ AUG 82

TO PRIORITY FCO

CONFIDENTIAL

HKK 243/1

27/06-132

TELEGRAM NUMBER 935 OF 26 AUGUST

INFO HONG KONG GOVT OFFICE LONDON

153

YOURTELNO 570 OF 23 JULY.

VIETNAMESE REFUGEES : CLOSED CAMPS.

No

3/9

SIR PATRICK WALL'S PQ ON 26 JULY ON HUMAN RIGHTS IN CLOSED CAMPS, AND MR RIFKIND'S REPLY, DID BRIEFLY ENCOURAGE SPECULATION THAT HONG KONG'S POLICY MAY CONTRAVENE HUMAN RIGHTS AND MAY THEREFORE REQUIRE AMENDMENT. SIR PATRICK AMPLIFIED HIS VIEWS IN A TELEPHONE CALL TO A HK RADIO PROGRAMME ON 30 JULY.

2. WE HAVE ANSWERED SUCH SPECULATION BY EMPHASISING THAT:

A(A) WE DO NOT CONSIDER OUR LEGISLATION TO REQUIRE FURTHER CLARIFICATION FOR THE AVOIDANCE OF DOUBT'

(B) RELEVANT HUMAN RIGHTS INSTRUMENTS WERE FULLY TAKEN INTO

ACCOUNT WHEN LEGISLATION WAS DRAFTED.

(C) IMPLEMENTATION OF THE REVISED POLICY IS BEING CLOSELY MONITORED AND CHANGES WILL BE CONSIDERED AS NECESSARY.

3. WE CONTINUE TO HOLD THIS LINE, THOUGH THERE IS NO LONGER

ANY MEDIA INTEREST IN THE SUBJECT. PUBLIC OPINION IS IN FAVOUR OF MAINTAINING THE PRESENT POLICY TOWARDS REFUGEES, OR VEN STRENGTHENING IT. PERSONS ARRIVING FROM VIETNAM ARE IN LEGAL TERMS ILLEGAL IMMIGRANTS WHO SEEK TO ENTER HK WATERS AFTER DUE WARNING THAT THEY WILL BE DETAINED IF THEY DO SO. IN THESE CIRCUMSTANCES WE FEEL STRONGLY THAT THE INTRODUCTION OF A PROCEDURE FOR THE COURTS TO REVIEW THE MERITS OF DETENTION WOULD BE

INAPPROPRIATE.

4. THE LOCAL UNHCR OFFICE WAS CONSULTED ON CLOSED CAMP CONDITIONS BEFORE THEIR INTRODUCTION, AND UNHCR REPRESENTATIVES HAVE VISITED ALL CAMPS AND HAVE CLOSELY MONITORED CONDITIONS. THEY HAVE EXPRESSED THEIR SATISFACTION AT THE WAY THEY ARE BEING MANAGED AND THEY WILL BE MAINTAINING A REGULAR PRESENCE IN THE CAMPS FOR SCREENING AND DOCUMENTATION PURPOSES.

5. I SHALL BE REPORTING SEPARATELY ON THE SITUATION SINCE CLOSED CAMPS WERE INTRODUCED. ARRIVALS IN JULY WERE 1,613, THE HIGHEST MONTHLY ARRIVAL FIGURE SINCE JULY 1979, AND NEARLY 50 PER CENT OF TOTAL ARRIVALS IN THE REGION. SO FAR NEARLY 1,000 HAVE ARRIVED IN AUGUST. THIS INFLOW IS MAKING HEAVY DEMANDS ON

SECURE ACCOMMODATION.

YOUDE

MINIMAL

HK & GD

COPIES TO

MR BURROWS

LEGAL ADVISERS

HONG KONG GOVERNMENT OFFICE, LONDON

CONFIDENTIAL

(178

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