GR 260
CONFIDENTIAL
CONFIDENTIAL HICK 243/1
FM HONG KONG 240903Z JUN 82
TO IMMEDIATE F C O
TELEGRAM NUMBER 676 OF 24 JUNE
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON
15
(124)
YOUR TELNO 471 OF 23 JUNE
VIETNAMESE REFUGEES : CLOSED CAMPS
NO
129/6 AF. 2011/0
:
1. WE HAD CONSIDERED THE QUESTION OF PROVIDING FREE ACCESS TO THE
COURTS PRIOR TO YOUR RAISING IT. ANY REFUGEE WHETHER IN A CLOSED See (12€
CAMP OR AN OPEN CAMP HAS THE RIGHT TO TEST THE LEGALITY OF ANY PROCESS OR OF DETENTION BY PREROGATIVE WRIT PROCEDURE. SUCH APPLICATION WOULD BE HEARD BY THE COURTS IN HONG KONG IN THE USUAL
WAY. WE HAVE DESIGNED THE LEGISLATION IN RESPECT OF POWERS OF DETENTION SO THAT WE BELIEVE IT WILL STAND UP TO SCRUTINY IN THE COURTS. THE COURT WOULD HEAR THE ARGUMENT UPON A WRIT FOR HABEAS
CCRPUS IF ISSUED AND WOULD WE CONSIDER (ASSUMING THE PROCEDURES HAD BEEN PROPERLY CARRIED OUT) REFUSE IT ON THE GROUND THAT THE DETENTION WAS EXPRESSLY AUTHORISED BY A LAW DULY ENACTED BY THE LEGISLATURE ACTING WITHIN ITS POWERS. IF THE PROCEDURES HAD BEEN DEFECTIVE, THEN NO DOUBT IT WOULD BE GRANTED.
2. WITH REGARD TO ARTICLE 9(4) SUBSTANTIALLY THE SAME POINT ARISES. THE ANSWER IS THAT THERE IS NO BREACH BECAUSE THE LEGALITY MAY BE TESTED BY PREROGATIVE WRIT. THE WORDS (RELATING TO THE APPEAL
...
TO S FOR S) ''DECISION
SHALL BE FINAL'' DO NOT EXCLUDE APPLICATIONS BY WAY OF PREROGATIVE WRIT. IN THIS WAY THE LEGALITY OF THE LEGISLATION AND ITS PROCEDURES CAN BE CHALLENGED. A REVIEW
OF THE EXERCISE OF THE DISCRETION BY THE S FOR S IS EXCLUDED PROVIDED THAT THE COURT IS SATISFIED ON LEGALITY AND THAT THE PROCEDURE HAS BEEN CORRECTLY FOLLOWED.
3. IT IS INTENDED TO ISSUE ADMINISTRATIVE INSTRUCTIONS TO CAMP SUPERINTENDENTS THAT THEY SHALL AFFORD PROPER OPPORTUNITIES TO THOSE WHO WISH TO APPLY TO THE COURTS TO DO SO.
4. IN THE CIRCUMSTANCES WE DO NOT PROPOSE TO AMEND UNLESS SOME COMPELLING NEW POINTS ARE RAISED.
YOUDE
128
OGO
Capest to Mr
CAME
UND Pig
29/6
LIMITED
Ps
HK-GD
SEAD UND NEWS.D
PS / LORD BELSTEAD
PS/PUS
MR GIFFARD
MILL DONALD
CONFIDENTIAL
COPIES TO :
HONG KONG Govt Office
LONDON