CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1080
OF 120749Z APRIL 91.
(46)
CONFIDENTIAL
HKC241/4
Tel ent
1714.
077501 MDLIAN 2807
TOP COPY Q DIST?
YRTELNO 698: VIETNAMESE MIGRANTS: IMMIGRATION ORDINANCE
1. WE ARE GRATEFUL FOR MINISTERS AGREEMENT TO PROCEED. IN ORDER TO MEET OUR DEADLINE FOR THE EXCO MEETING ON 16 APRIL, WE HAVE ISSUED A REVISED EXCO PAPER REFLECTING MINISTERS' VIEWS.
2. ON THE SPECIFIC POINTS RAISED IN TUR:
A. REVIEW OF TRANSFERS: WE AGREE TO GIVE THIS IDEA FURTHER THOUGHT. WE SHALL NEED TO CONSIDER CAREFULLY EXACTLY HOW SUCH A BODY WOULD OPERATE. WE MUST NOT/NOT RISK TYING UP WITH RED TAPE OUR ABILITY TO MOVE PEOPLE QUICKLY WHENEVER A CENTRE SEEMS TO BE THREATENED WITH SERIOUS DISORDER:
B. SCREENING WITHIN TWO YEARS: WE SHARE THIS AIM, AND SHOULD BE ABLE TO MEET IT IN CURRENT CIRCUMSTANCES. READING BACK OF SCREENING INTERVIEWS (WHICH WE INTEND TO INTRODUCE) WILL LENGTHEN THE PROCESS, AND WE INTEND TO COMPENSATE FOR THIS BY REDEPLOYMENT OF RESOURCES. BUT IF THE ARRIVAL RATE RISES RAPIDLY, WE MAY NOT HAVE THE RESOURCES WE WOULD NEED TO KEEP TO A TWO YEAR TARGET.
IN THOSE CIRCUMSTANCES LEGCO WOULD BE MOST UNLIKELY TO VOTE ADDITIONAL FUNDS UNLESS A FUNCTIONING MANDATORY RETURN SCHEME FOR THOSE SCREENED OUT WERE ALREADY CLEARLY IN PLACE:
C. REVIEW OF LEGISLATION: IT IS IN THE NATURE OF THE PROBLEM WE FACE THAT OUR POLICY AND ITS IMPLEMENTING LEGISLATION HAVE NEEDED TO BE REVIEWED REGULARLY AND CHANGED TO MEET NEW CIRCUMSTANCES. CLOSE INTERNATIONAL SCRUTINY AND CONTINUING LOCAL JUDICIAL REVIEWS ENSURE THAT THIS WILL NEED TO BE MAINTAINED. HOWEVER WE SEE ADVANTAGES, SUBJECT TO YOUR VIEWS, IN OUR SUBMITTING AN ANNUAL REVIEW TO YOU AT EACH CALENDAR YEAR END ON HOW THE POLICY HAS BEEN IMPLEMENTED - E.G. COVERING NUMBERS SCREENED IN AND OUT, AWAITING SCREENING, REPATRIATED, AND RESETTLED, RESOURCES AVAILABLE, COST, LEGAL CHALLENGES, ETC. DURING THE YEAR. THE REVIEW SHOULD IN OUR VIEW NOT/NOT BE FOR PUBLICATION, OR FOR CIRCULATION HERE BEYOND OFFICIALS. GRATEFUL FOR ANY COMMENTS ON
THIS PROPOSAL.
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CONFIDENTIAL