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enacted by the Legislative Council on 30 June. When the text
of the proposed Ordinance was received by us our Legal Advisers
noted that the Convention on the Status of Refugees of 25/7/1951
did not apply to Hong Kong but considered that the Ordinance
did not accord with the International Covenant on Civil and
Political Rights of 19 December 1966. This is because the
Courts in Hong Kong would not be empowered to review the merits
of any administrative decision to confine a refugee in a closed
camp. The United Kingdom is bound by this Covenant in respect
of Hong Kong.
4.
Our view was passed to the Hong Kong Government.
It was
agreed, however, that the enactment of the Ordinance should not
be held up but it was suggested to the Hong Kong Government
that, as a first step, they should include an additional clause
in it on the lines of Article 9(4) of the Covenant; in addition
they should make a statement that a further amendment would be
introduced as soon as possible if it were considered necessary.
The Hong Kong Government included the additional clause in the
Ordinance which was enacted on 30 June.
5.
The matter of a further amendment to the Ordinance is,
however, still outstanding. As stated above our Legal Advisers
consider a further amendment is necessary but the Hong Kong
Government does not at present accept the need for this. The
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