HKC 241/4
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1
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51
Reference
FOR
Por, 1814
From: I Banett
Assistant Legal Adviser
K 166
270 3381
Ms
HKD
Major
Date:
17 April 1991
VIETNAMESE MIGRANTS:
IMMIGRATION ORDINANCE
29
1. I refer to your manuscript minute of 9 April asking whether further work on paragraph 10 of my minute to Ms Marsden of 18 March is necessary.
2.
The required further work resulting from the submission and the Minister's comments would now seem to be:
see 50
fora la)
Review of transfers
(i)
To pursue with Hong Kong in more detail the kind of independent body which could be set up to review transfers in disciplinary cases. Paragraph 2A of Hong Kong telno 1080 agrees to give this further thought but is non-committal. We ought to maintain momentum by chasing up fairly soon if we have no further response.
Periodic review of legislation
(ii)
Sea So
Pere I c
1 બે
*
3.
44
(49
To agree with Hong Kong arrangements for regular review of the legislation to take place (here as well as in HKG) from now on, in accordance with the Attorney-General's recommendation in 1983. The arrangements/proposed in paragraph 2C of Hong Kong telno 1080 seem acceptable in principle. May I suggest that when these reviews are conducted, they be done with reference to inter alia paragraph 3 of my minute of 18 March to Ms Marsden and paragraph 4 of my -minute of 3 April to you. It would seem that in
practice it is unlikely that substantial progress towards conformity with the ICCPR will be possible until a system of mandatory return is properly under way. However, once that is achieved, we ought to explore with Hong Kong the possibility of introducing bail arrangements for some of the pre-screened and screened-out. In the meantime, the review(s) should include consideration of the possible scope for making substantial reductions in the average waiting time for screening.
There are no other points arising from my minute of 18 March which require further action.
JB2AAQ
CODE 18-77
Will Barrett
Jill Barrett