CONFIDENTIAL
DESKBY 260100Z
FM FCO 251700Z JUNE 82
CONFIDENTIAL
12288
2
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 482 OF 25 JUNE
124
HKK 243
**
30
YOUR TELNO 471: VIETNAMESE REFUGEES
1.
: CLOSED CAMPS
No
сче
29/6 AF
LEGAL ADVICE IS THAT THE REQUIREMENTS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS WOULD NOT (NOT) BE MET BY
THE ABILITY OF DETAINEES TO TEST THE LAWFULNESS OF THEIR
DETENTION BY PREROGATIVE WRIT.
2.
ARTICLE 9 OF THE INTERNATIONAL COVENANT IS WORDED VERY
SIMILARLY TO ARTICLE 5 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND PARAGRAPHS (4) OF THESE TWO ARTICLES ARE ALMOST IDENTICAL.
WE HAVE HAD SEVERAL RECENT APPLICATIONS AGAINST US BEFORE BOTH
THE EUROPEAN COMMISSION OF HUMAN RIGHTS AND THE EUROPEAN COURT
OF HUMAN RIGHTS BROUGHT BY PERSONS WHO ALLEGED THAT THEY WERE UNABLE TO TEST THE LAWFULNESS OF THEIR DETNETION IN ACCORDANCE
WITH PARAGRAPH 4 OF ARTICLE 5 AND IN WHICH OUR DEFENCE OF
RELYING ON THE ABILITY OF THE DETAINEES TO PROCEED FOR A WRIT OF
HABEAS CORPUS FAILED. THE EUROPEAN COURT OF HUMAN RIGHTS IN ITS RECENT JUDGMENT (NOVEMBER 1981) IN THE CASE OF X V UK, AFTER CAREFULLY REVIEWING THE RIGHT OF A MENTAL PATIENT, HELD IN
BROADMOOR HOSPITAL UNDER THE PROVISIONS OF THE MENTAL HEALTH ACT
1959, TO APPLY FOR A WRIT OF HABEAS CORPUS, DECIDED THAT IT WAS NOT A SUFFICIENT REMEDY TO MEET THE CONDITIONS CONTAINED IN ARTICLE 5(4) OF THE CONVENTION.
3. IF THE HONG KONG LEGISLATION CAME BEFORE THE HUMAN RIGHTS COMMITTEE ESTABLISHED UNDER THE COVENANT, IT IS LIKELY, IN THE VIEW OF LEGAL ADVISERS, THAT THE COMMITTEE WOULD REACH A SIMILAR
CONCLUSION TO THAT OF THE EUROPEAN COURT. THEY MIGHT INDEED HAVE
REGARD TO THE EUROPEAN COURT'S JUDGMENTS.
Eve (131
134
212
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CONFIDENTIAL