CODE 18-77
CONFIDENTIAL
Reference...
purposes, there would be an increased added risk of taking the provisions outside the reservation, either because they go beyond the purposes of "immigration" or because they fail the most basic principles of legality.
12. As well as being ineffective, an express provision for "indefinite" detention might even be counter-productive. It would make it harder to convince a court or the HRC that due diligence is being exercised in general terms. It would surely make it look as though the authorities had given up using even best endeavours to speed up the process. It might even invite challenge to the legislative provision itself under the new ICCPR amendment to the Letters Patent and not merely to the action taken under it in an individual
case.
13. I am therefore sceptical about the wisdom of the proposed amendment, which I would think could well make defence of both the general practice and individual cases in terms of the ICCPR more difficult. Meanwhile, I await the text and further explanation from Hong Kong with interest.
14.
I have discussed this minute with the legal adviser to UND (Human Rights and Social Issues), Mr Rankin, who is in agreement.
Will Barrett
Jill Barrett
JBIAAN
CONFIDENTIAL