CONFIDENTIAL
015426 MDHOAN 410
CASES THERE SHOULD BE SOME INDEPENDENT REVIEW OF THE GROUNDS FOR MAKING THE TRANSFER.
5.
AS REGARDS THE AMENDMENT DESIGNED TO PREVENT REVIEW OF ALL ASPECTS OF THE RSRB'S DECISION-MAKING PROCESS, MR ALLCOCK'S COMMENT THAT JUDICIAL REVIEW MIGHT STILL BE POSSIBLE IS NOTED. OUR LEGAL ADVISERS ALSO WONDER WHETHER JUDICIAL REVIEW CAN BE
SUCCESSFULLY BE PRECLUDED ALTOGETHER. BUT TO THE EXTENT THAT YOUR ATTEMPT IS SUCCESSFUL, IT INCREASES THE RISK THAT A GENUINE REFUGEE MAY BE RETURNED TO VIETNAM AS A RESULT OF A MISTAKE BY THE BOARD, THUS INCREASING THE RISK OF HMG BEING IN BREACH OF
ARTICLE 7 ICCPR.
IF, HOWEVER, YOU WERE PREPARED TO MAKE THE ONE WORD CHANGE REQUESTED IN PARA 3 ABOVE, WHICH OUR LEGAL ADVISERS REGARD AS THE MOST IMPORTANT POINT, WE WOULD AT LEAST BE ABLE TO PRESENT YOUR OVERALL PACKAGE OF AMENDMENTS TO MINISTERS AS A BALANCED
MIXTURE OF POSITIVES AND NEGATIVES. THIS WOULD BE MUCH BETTER THAN WHAT IS PRESENTLY ON THE TABLE, WHICH OUR LEGAL ADVISERS CONSIDER TO HAVE AN OVERALL NEGATIVE EFFECT IN TERMS OF THE ICCPR.
7. GRATEFUL FOR A REPLY 25093OZ.
HURD
YYYY
ΜΑΙΝ
128
DISTRIBUTION
135
.VIETNAMESE BOAT PEOPLE IN HK
LIMITED
SEAD
EAPD/ODA
ECD (E)
HD/ECFAD/ODA
FED
FINANCE D
HKD
IEAD/ODA
INFO D
LEGAL ADVISERS NAD
PAGE
UND
PS
PS/MRS CHALKER
PS/LORD CAITHNESS
PS/MR LENNOX-BOYD PS/PUS
MR LANKESTER
SIR J COLES
MR AINSCOW
MR SLATER
MR BLATHERWICK
MR BURNS
MR FAINT
2
CONFIDENTIAL