Legislation would be required to
set up closed camps and to enable the Government 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 sufficiently important to justify specific mention -
•
(a) it has been decided to include two specific 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 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;
(b).. powers of indefinite detention are unavoidable despite their undesirability in the context of any Government policy save emergency regulations It is important that the policy need to institute closed camps is recognised as being. -temporarily at least -more important than the policy need. to protect the freedom of individuals
in a dog
"