CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C 0, TELNO 315
12
172463
MDLIAN 4724
CONFIDENTIAL
HKC241/4
06 FEB 1991
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OF 30100OZ JANUARY 91
YOUR TELNO 176:
110
BILL OF RIGHTS AND VIETNAMESE BOAT PEOPLE (VBP)
1. WE ARE STILL CONSIDERING YOUR LEGAL ADVICE AND WILL REVERT A.S.A.P. ON THE QUESTION OF OUR PROPOSED LEGISLATIVE AMENDMENTS.
2.
ON THE 1982 DISCUSSION ABOUT LEGISLATIVE AMENDMENTS CONCERNING VBP, WE HAVE GONE THROUGH OUR FILES. TWO ISSUES WERE INVOLVED (A) AMENDMENTS TO THE IMMIGRATION ORDINANCE (THE MAIN CONCERN AT THAT TIME WAS THE ABSENCE OF OPPORTUNITY FOR THE DETAINEES TO TEST THE MERITS OF THEIR DETENTION IN A COURT OF LAW AND THIS WAS CONSIDERED TO BE INCONSISTENT WITH ART. 9(4) OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)) AND (B) AMENDMENTS TO SOME ASPECTS OF THE CLOSED CENTRE RULES.
3.
ON (A), ALTHOUGH THE CLOSED CENTRE LEGISLATION WAS CONSIDERED TO BE IN TECHNICAL BREACH OF HMG'S OBLIGATION UNDER THE ICCPR, THE (THEN) SECRETARY OF STATE AGREED THAT THE IMMIGRATION ORDINANCE MIGHT REMAIN IN FORCE UNTIL CIRCUMSTANCES PERMITTED ITS REVOCATION (YOUR TELNO 106 OF 2 FEBRUARY 1983 REFERS).
1983 HKK 243/3
116
43/3
ON (B), PROPOSED AMENDMENTS TO THE CENTRE RULES WERE CONSIDERED BUT EVENTUALLY SHELVED. SINCE WE HAVE LIBERALISED THE CLOSED CENTRES FOR VIETNAMESE REFUGEES AFTER THE INTRODUCTION OF THE SCREENING POLICY IN 1988, THEY ARE ONLY APPLIED FOR THE DETENTION OF REFUGEES WHO CAUSED TROUBLE IN OPEN CENTRES. WE WILL REVIEW THESE RULES TOGETHER WITH THE DETENTION CENTRE RULES FOR VBP IN THE CONTEXT OF THE BOR LEGISLATIVE REVIEW EXERCISE.
5.
AS REGARDS THE HUMAN RIGHTS COMMITTEE HEARING OF OUR SECOND PERIODIC REPORT IN 1988, OUR RECORD SHOWS THAT WE WERE ONLY ASKED TO GIVE AN ACCOUNT OF OUR POLICY IN RESPECT OF THOSE VBP RECOGNISED AS REFUGEES, THOSE SCREENED OUT AND THOSE WHOSE APPLICATIONS WERE PENDING. HRC HAD NOT RAISED THE DURATION OF DETENTION OR COMMENT ON THE SCREENING POLICY IN THAT CONTEXT.
WILSON
PAGE 1 CONFIDENTIAL
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