CODE 18.77
Mr Williamson
HK&GD K242
Reference.
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426.
HONG KONG : VIETNAMESE REFUGEES
1.
No
C9€
29/6
900
You asked me to look at paragraphs 25(c) and (e) of the memorandum for the Executive Council on the Vietnamese Refugees: Closed Camps Immigration (Amendment) Bill 1982.
I have also looked at paragraph 13. I have the following comments.
2.
As the paper points out, the Convention relating to the Status of Refugees of 28 July 1951 does not apply to Hong Kong. If you should wish, as a matter of policy, to ensure that its provisions are nevertheless complied with Article 16 (free access to courts) needs to be looked at as well as the provisions of Articles 17,22,26,31,32 and 33, to which reference is made in Annex E of the memorandum.
3.
Of more direct relevance is the International Covenant on Civil and Political Rights of 19 December 1966 (Treaty Series No 6 of 1977) which does apply to Hong Kong. In particular the proposed Hong Kong law should be reconsidered in the light of this Covenant, and in particular of Articles 9 and 17.
4.
Article 9(4) of the Covenant says :-
"Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful."
This is relevant to paragraph 25(c) of the memorandum.
5.
Article 17(1) says :
"No one shall be subjected to arbitrary or unlawful
interference with his
family.....
11
•
This is relevant to paragraph 13 of the memorandum which only says that there will be no separation of families in closed camps "initially",
7. Bunows
23 June 1982
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F Burrows
Legal Counsellor