CONFIDENTIAL
They have indicated at official level that this would be
acceptable.
(e) a provision making clear that not just the Refugee Status Review Board's (RSRB) decision on an appellant's status, but also its decisions on how to handle the case, are not in themselves judicially reviewable. RSRB procedures themselves will, however, remain open to judicial
review.
8. Hong Kong Government had previously assumed that these matters were adequately covered in the present legislation. Since recent litigation has put this in doubt, Hong Kong Government want to clarify the legislation to strengthen their ability to deal with the problem and provide greater protection against a judge refusing to take account of the resource and other practical problems in reaching his judgment as to the legality of detention.
Hong Kong Department
8 April 1991
RIDAJO/6
CONFIDENTIAL