機密:
B
XCC(82)74
Legal Aspects
24
(a)
...
(b)
Legislation would be required to
set up closed camps and to enable the dovernment to detain refugees in them;
give effect to camp rules for the better management of the camps and for regulating the behaviour and conduct of the refugees;
At the same time it would be an added deterrent, and also useful, to take further powers to
(c)
(d)
enable refugees to have the right to voluntarily "move on" in boats from Hong Kong should they so wish; and
enable the Government to repatriate the refugees so detained if that possibility emerges later on.
Draft legislation to effect this is contained in the Immigration (Amendment) Bill 1982 at Annex B.
25
Members are referred to the explanatory memorandum attached to the draft Bill for information relating to the effect of each proposed clause. The following general points are mem sufficiently important to justify specific mention -
DOMDU
J duiw wendi
arid (av); it has been decided to include two specific
fuot express powers of detention (proposed
#sections 13A(1), (9) and (10) and proposed
section 13D) to empower the holding of persons formerly resident in Vietnam. Section 13A accords "refugee status" whereas section 27A does not. Section 13D is necessary because vilens existing powers of detention are not always
adequate to cover the period for enquiries into a person's history background and refugee status. Also if it is decided not to accord. a person refugee status it is necessary to have a power of detention under which he can be held pending his departure from Hong Kong, however that may be achieved;
mobest
ad bivor Audi
by
(b)
powers of indefinite detention are unavoidable, despite their undesirability in the context of cany Government policy save emergency regulations.
It is important that the policy need to institute. (closed camps is recognised as being temporarily Wat least - more important than the policy need en has to protect the freedom of individuals.
CONFIDENTIAL