CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C O TELNO 1676
OF 27103OZ MAY 91
MY TELNO 1243:
CONFIDENTIAL
HKC 241/12
HKE
Ms Major
Md Barrett (timed)
Back to me.
065322
MDLIAN 3935
Hase
Good. I advised them to do (c) for precisely
belicas with beaks / Wingfield (para 7 of
तलाई 2015
my minute o 3 Apt) VIETNAMESE MIGRANTS: IMMIGRATION ORDINANCE
THE SECOND READING OF THE BILL WILL RESUME ON 29 MAY. FOLLOWING DETAILED DISCUSSIONS WITH THE LEGCO GROUP SET UP TO CONSIDER THE BILL, WE WILL PROPOSE THE FOLLOWING AMENDMENTS AT THE COMMITTEE STAGE:
(A)
(B)
(C)
2.
AMEND THE DATE IN SECTION 13D (8) FROM 23 MAY 1990 TO 31 MAY 1991. AS THE SECTION WILL PROVIDE THAT ALL PREVIOUS TRANSFERS WERE PROPERLY AUTHORISED, THERE IS NO NEED FOR AN INTERIM DATE AND THE DATE OF ENACTMENT SUFFICES.
1
AMEND SECTION 13DA(2) IN THE FOURTH LINE TO DELETE ''FROM THE' AND SUBSTITUTE ''TO THAT''. THIS WILL MAKE CLEAR THAT THE 48 HOUR APPEAL PERIOD BEGINS ON ARRIVAL AT THE DETENTION CENTRE TO WHICH A PERSON IS TRANSFERRED.
DELETE CLAUSE 4, WHICH THROUGH A CHANGE TO SECTION 13F (8) WAS TO EXTEND THE PROTECTION FROM JUDICIAL REVIEW TO ALL DECISIONS OF THE RSRB AND NOT JUST THE FINAL DECISION.
THE ONLY SIGNIFICANT CHANGE IS THE DELETION AT (C) OF THE EXTENDED PROTECTION FROM JUDICIAL REVIEW. THIS CLAUSE HAS BEEN INTERPRETED BY SOME OBSERVERS AS AN ATTEMPT TO EXCLUDE RSRB DECISIONS FROM ALL THE NORMAL CHECKS AND BALANCES OF THE LEGAL SYSTEM. IN THE LIGHT OF MORTIMER'S JUDGEMENT WE NOW ACCEPT THAT IN PRACTICE THIS CLAUSE WILL HAVE LITTLE VALUE AND AN EASILY BE SACRIFICED, AS OMELCO ALSO WOULD ALSO PREFER.
3.
SUBJECT TO THE AMENDMENTS IN PARA 1, WE UNDERSTAND THAT OMELCO SUPPORT THE BILL AND IT WOULD THEREFORE PASS ITS COMMITTEE STAGE AND THIRD READING ON 29 MAY, AND THUS BE ENACTED THE SAME DAY.
·
WILSON