Mr_elift, Hong Kong & General Department
cc: Mr Burrows, Legal Adviser
pa (closed camps).
29/12
FKK 243/3
همك
HKK 243/3
(1983)
1
Ar/22
(2
VIETNAMESE REFUGEE CAMPS
While in Hong Kong, Lord Belstead visited both a closed and an open camp. There was considerable discussion during his visit to Hong Kong with the Attorney General and the Governor about the legal difficulties.
1.
Х
2. On the question of prison rules, the Attorney General recognises that Hong Kong was at fault simply applying these rules unamended to the camps. Appropriate changes are in hand.
3. On the policy of the closed camps themselves, and in particular our legal objection that any individual put into a closed camp should have the right to take this before a Magistrates Court which in turn would have the right to challenge the merits of his detention, the Attorney General argues that we can use the reservation we made on signature of the Human Rights Convention that this need not necessarily apply to dependent territories. He argues that Hong Kong's refugee camps are in no sense normal immigration camps, not least because the inhabitants cannot be sent back, as one does with an illegal immigrant.
4.
Lord Belstead sees the force of the legal case we have put to Hong Kong. But politically, given the continuing influx and reduced resettlement in Third countries, he does not think it possible for Hong Kong either to abandon the closed camp policy, or to comply with our legal objection: this would drive a coach and horses through the objective underlying the closed camp policy.
Lord Belstead would be grateful for further advice on this problem.
5.
20 December 1982
Mathie
M A Arthur PS/Lord Belstead
Copied to UND>.
Mr. Mr. Quade
Mushish
Mr. Hare
As a first step,
step, wd. you pse consult Mr. Burrow's
Aft
Resumably a beter is aming from HIC. Do the L. Advises agree w/X? Advic pl. 241/12
三