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RECEIVES Y
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BRIEF FOR CALL TO SIR EDWARD YOUDE : 1 NOVEMBER 1982
VIETNAMESE REFUGEES : CLOSED CAMPS
Lord Belstead concerned about closed camp policy breaching
human rights. Parliamentary interest (PQ last session, one this session to which we gave temporary reply 'matter under consideration'). Justice Campaign and Amnesty International showing interest. We must also report shortly to UN Commission on Human sights: we have general questionnaire to complete and must include Dependent Territories.
Lord Belstead thinks it could be embarrassing if we were to be in breach of human rights at a time when we are extolling British Administration in Hong Kong in 'future' context. Problem two-fold:
Breaches human rights in following respects:
(i)
(ii)
Hong Kong legislation needs apparently to include criteria on which a refugee can be detained -
to enable magistrate, if refugee goes to court, to decide on merits of detention;
camps being run on correctional establishment rules.
We wrote to John Griffiths on 6 October. Realise that alteration to Hong Kong legislation and camp rules could negate objective of legislation and therefore prove difficult vis-à-vis EXCO/LEGCO but need to resolve problem: grateful answer to letter of
6 October before Lord Belstead returns, if possible, by end of this week.
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