CONFIDENTIAL
Reference
would be in the context of a mass transfer, when the number involved would make appeals of any kind impracticable. I am insufficiently acquainted with their practice on transfers to be able to comment on this.
7.
Review by Refugee Status Review Board
We discussed their attempt to amend Section 13F(8) in such a way as to exclude judicial review of all aspects of the Board's decisions. They and I agree that their attempt is likely to be futile. I questioned whether they may not get the worst of all worlds by proceeding with an amendment which will attract criticism without necessarily giving any tangible advantage, and they agreed to consider the point.
8.
Conclusion
This conversation confirms in my mind that, subject to one principal reservation, the amendments as presently drafted will give HKG as much legal protection as they can reasonably expect to achieve, and does so without making our position in terms of the ICCPR substantially worse. The reservation is that we pursue Lord Caithness' concern about independent review of transfers, if necessary after enactment of the present Bill. Absolutely watertight legal protection of all aspects of the VBP policy would be impossible to achieve; the only practical course is to tighten it in the ways proposed, while reducing the risk of successful challenge by completing screening and repatriation as quickly as possible, and preparing on a contingency basis a variety of adjustments which could be made in the future in the event of any adverse court decisions.
Will Stando
Jill Barrett
CONFIDENTIAL
CODE 18-77
JB2AAJ