CONFIDENTIAL
MKC241/0
As Mares
fri 3/4
TOI
CONFIDENTIAL
FM FCO
TO DESKBY 03010OZ HONG KONG
TELNO 626
OF 0214OOZ APRIL 91
INFO IMMEDIATE UKMIS NEW YORK
42
042014 MDHOAN 0795
PERSONAL FROM GOVERNOR FROM COX, HKD
NEW YORK FOR HONG KONG DELEGATION TO HUMAN RIGHTS COMMITTEE
(40)
MY TELNO 596 AND YOUR TELNO 996: VIETNAMESE MIGRANTS:
IMMIGRATION ORDINANCE
1. WE HAD A USEFUL DISCUSSION OF THE PROPOSED AMENDMENTS TO THE IMMIGRATION ORDINANCE WITH THE HONG KONG DELEGATION TO THE HUMAN RIGHTS COMMITTEE HEARING IN NEW YORK. UNFORTUNATELY, NONE OF THE DELEGATION WAS SUFFICIENTLY FAMILIAR WITH THE THINKING BEHIND THE DRAFTING OF THE AMENDMENTS TO ENABLE US FULLY TO ADDRESS MINISTERS' CONCERNS. WE SHOULD THEREFORE BE GRATEFUL FOR YOUR VIEWS ON THE POINTS IN PARAGRAPH 3 BELOW AS SOON AS
POSSIBLE.
2. IN ESSENCE, MINISTERS ARE NOT PREPARED TO APPROVE THE
PROPOSED AMENDMENTS WITHOUT TIME FOR FURTHER CONSIDERATION ABOUT THE WIDER IMPLICATIONS AND ANY POSSIBLE ALTERNATIVE WAYS OF
PROCEEDING. MINISTERS WELL UNDERSTAND THE EXTENT AND
SERIOUSNESS OF THE PROBLEMS YOU FACE. THEIR FUNDAMENTAL CONCERN
IS THAT THE PROPOSED AMENDMENTS DO NOT SEEM TO PROVIDE A FULL
SOLUTION AND MAY GIVE US THE WORST OF BOTH WORLDS. AS AN EXAMPLE, NEW SECTION 13D(1B) MAY ENCOURAGE THE COURTS TO COMMENT UNFAVOURABLY ON THE ADEQUACY OF THE RESOURCES YOU PUT INTO
SCREENING RATHER THAN REDUCE THE LIKELIHOOD OF A SUCCESSFUL
CHALLENGE TO A DETENTION. AT THE SAME TIME, THE PROPOSED AMENDMENTS WILL ATTRACT CRITICISM AND FOCUS ATTENTION ON AREAS
WHERE WE ARE ALREADY VULNERABLE (SINCE 1983 THE UK
ATTORNEY-GENERAL HAS CONSIDERED THAT SOME PROVISIONS OF THE
EXISTING IMMIGRATION ORDINANCE CANNOT BE RECONCILED WITH OUR
OBLIGATIONS UNDER THE ICCPR). MINISTERS ALSO BELIEVE THAT, ΤΟ THE EXTENT THAT WE MUST CONTINUE TO RISK A BREACH OF THE ICCPR, WE SHOULD WHEREVER POSSIBLE MITIGATE THIS, EG SHOULD WE CONSIDER AN INDEPENDENT BODY TO HEAR APPEALS AGAINST TRANSFER? FINALLY, MINISTERS SEE LITTLE POINT IN USING THE BILL OF RIGHTS FREEZE
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