CONFIDENTIAL
FM HONG KONG
TO DESKBY 04113OZ FCO
TELNO 1025
OF 040815Z APRIL 91
CONFIDENTIAL
MKC241/4
Submission
45
050434
MDHIAN 0668
TOP COPY Q DIST ?/
PERSONAL FOR COX, HKD FROM GOVERNOR
142
(3
YRTELNO 626 AND MY TELNO 1014: VIETNAMESE MIGRANTS:
IMMIGRATION
-
ORDINANCE
I
1 I FULLY SHARE MINISTERS' CONCERN THAT WE SHOULD NOT END UP
WITH THE WORST OF ALL WORLDS AS A RESULT OF THIS LEGISLATION. HOPE THE OBJECTIVES, AND THE IMPLICATIONS, OF THE PROPOSED AMENDMENTS ARE NOW CLEARER AS A RESULT OF YESTERDAY'S TELEPHONE DISCUSSION BETWEEN THE EXPERTS (BARRETT/LEEKS/WINGFIELD).
2. WE BELIEVE THE GENERAL CONCERNS EXPRESSED IN PARA 2 OF TUR ARE
MET BY OUR DRAFT BILL. ON THE SPECIFIC POINTS YOU RAISE:
(A) OUR OBJECTIVE IN CLAUSE 2 OF THE BILL IS TO ENSURE THAT, IN CONSIDERING ANY CHALLENGE TO DETENTION, COURTS SHOULD HAVE TO HAVE REGARD TO THE NUMBERS TO BE SCREENED, THE RESOURCES AVAILABLE FOR SCREENING AND OUR EFFORTS TO GET THE SCREENED OUT
TO RETURN HOME. THESE ARE IMPORTANT ELEMENTS IN JUSTIFYING THE
LENGTH OF DETENTION. WE DOUBT IF IN PRACTICE COURTS WOULD GO ON
TO COMMENT ADVERSELY ON THE RESOURCES AVAILABLE TO IMPLEMENTA POLICY SUCH AS SCREENING, UNLESS THOSE RESOURCES WERE MANIFESTLY INADEQUATE. AS INDICATED BELOW, THEY ARE NOT.
(B) THE BILL PROVIDES FOR APPEALS AGAINST TRANSFER IN CASES WHERE TRANSFER IS TO A DIFFERENT TYPE OF CAMP (I.E. TRANSFERS TO UPPER
CHI MA WAN FOR PURPOSES OF MAINTAINING LAW AND ORDER IN THE CAMPS
AS A WHOLE). WE HAVE CONCLUDED THAT IT IS SIMPLY IMPRACTICABLE TO PROVIDE FOR A POWER OF APPEAL IN OTHER (I.E. NON-DISCIPLINARY)
ROUTINE TRANSFERS. THERE ARE THOUSANDS OF THESE PER YEAR. FOR
INSTANCE, WHEN TAI A CHAU IS FULLY OCCUPIED AND THE REMAINING POPULATION IN EXISTING ACCOMMODATION ELSEWHERE HAS BEEN RESHUFFLED, WE WILL HAVE COMPLETED AT LEAST SOME 14,000 MOVES IN A FEW WEEKS. IN ADDITION, SOME VIETNAMESE ARE STILL HELD IN TENTS, AND WILL NEED TO BE MOVED QUICKLY IN BAD WEATHER. ALTHOUGH THERE IS LOGICALLY LITTLE TO APPEAL AGAINST IN THESE CIRCUMSTANCES, OUR EXPERIENCE IS THAT THE VIETNAMESE (SUITABLE
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