CODE 18-77
PJYAHV
CONFIDENTIAL
Reference
David Edwards Legal Advisers Advisers
бермитний
2
U
HKB 243/34.
19/5
HONG KONG: VIETNAMESE BOAT PEOPLE: INTERDICTION AT SEA
1. Hong Kong telno 1516 (copy attached) raises the question of Hong Kong introducing a new policy to intercept Vietnamese boat people's on Hong Kong's sea boundary and turning those deemed to be non-refugees away. Hong Kong have asked for our initial views.
2.
You asked Mr Haswell if he could find copies of exchanges which took place between Legal Advisers and HKD at the time of the introduction of the Closed Camp Policy in Hong Kong, to identify what was said at the time on meeting the UK's obligation under International Conventions in the light of the introduction of the new measures in Hong Kong.
3.
A:
B:
C:
D:
E:
F:
G:
H:
I :
J:
I attach copies of that correspondence flagged up as follows:
Annex to an ExCo Paper on the introduction of the closed camps policy in Hong Kong, which considers whether Hong Kong's proposed legislation to implement the policy (the Immigration (Amendment) Ordinance of 1982) would breach the 1951 UN Convention on Refugees.
Pages 8 and 9 of which memorandum produced for ExCo on the new policy, deals with the legal aspects of the proposal.
Mr Burrows' comments on the need to comply with the UK's obligations under the International Conventions.
FCO telegram 471 to Hong Kong based on C, asking Hong Kong to take views in C into account in new legislation.
Hong Kong's response.
Minute from Mr Edwards on whether Hong Kong's proposed
legislation contravened the International Covenant on Civil and Political Rights and FCO telegrams to Hong Kong based on that advice.
Hong Kong's amendment to deal with the need to meet obligations under the Convention.
Mr Hoare's minute to Legal Advisers asking for advice on whether the amendment (at G) met the points raised by the FCO (at F).
FCO telno 570 containing legal advisers views on the Hong Kong legislation, as amended and Hong Kong telno 935, their
response.
Copies of correspondence between the Hong Kong Branch of Justice and the Secretary for Security on the questions of:
(a)
the indefinite powers of detention under Hong Kong's new legislation.
(b)
the use of Prison Rules in the closed camps.
K:
L:
Mr Burrows' minute of 24 September on the whole question of possible implications of Hong Kong's legislation and letter out to Hong Kong Attorney General based on that.
HKD minute to Mr Burrows and his reply, discussing ways to meet
CONFIDENTIAL