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GF OFF
CONFIDENTIAL
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135)
CONFIDENTIAL
FM HONG KONG 322508Z JUN 82
TO IMMEDIATE F C O
TELEGRAM NUMBER 699 OF 32 JUNE
INFC HONG KONG GOVERNMENT OFFICE LONDON
33
YOUR TELNO 488 : VIETNAMESE REFUGEES
HAK 24311
CSE
No
22/2
AS PROPOSED IN PARAGRAPH 2 OF YOUR TUR WE ARE NOW GOING TO MOVE AN AMENDMENT TO THE BILL BY ADDING A NEW CLAUSE 4A AS
FOLLOWS:-
LA. THE PRINCIPAL ORDINANCE IS AMENDED BY ADDING, AFTER SECTION 138, THE FOLLOWING SECTION
LAWFULNESS OF
DETENTION
See (137
13A. (1) FOR THE AVOIDANCE OF DOUBT IT IS HEREE Y
DECLARED THAT ANY VIETNAMESE REFUGEE DEPRIVED OF HIS LIBERTY BY DETENTION UNDER SECTION 13A(E) OR (6A) SHALL BE ENTITLED TO APPLY TO THE HIGH 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.
(2) THE JURISDICTION, PRACTICE AND PROCEDURE OF THE HIGH COURTS RELATING TO WRITS OF (COMMENCE UNDERLINING) HABEAS CORPUS AD
SUBJICIENDUM (CEASE UNDERLINING) SHALL APPLY TO
SUCH APPLICATIONS.
WE FEEL THAT THIS IS AS FAR AS WE CAN GO AT THIS STAGE. IT AT LEAST
REPEATS THE POINT IN ARTICLE 9(4) OF THE COVENANT.
2. THE POINT MADE IN THE LAST SENTENCE OF YOUR PARAGRAPH 2 IS NOTED.
A COPY OF THE SPEECH MOVING THE SECOND READING OF THE BILL WILL
FOLLOW BY BAG.
150
YOUDE
LIMITED
HK & GD
SEAD
UND
NEWS D
LEGAL ADVS
PS
PS/LORD BELSTEAD
PS/PUS
MR GIFFARD
MR DONALD
Ar
7
2 weeks
30/6
CONFIDENTIAL