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SPECIFIES THAT SUCH DETENTION SHALL NOT BE UNLAWFUL BY REASON OF THE PERIOD OF DETENTION IF THAT PERIOD IS REASONABLE IN THE CIRCUMSTANCES. THIS APPEARS TO US TO BE STRAIGHTFORWARD AND WE CANNOT ACCEPT THE NEED TO REPLACE ''SHALL'' IN SECTION 1A BY ''MAY AS SUGGESTED IN YOUR PARAGRAPH 4 ONCE THE DIRECTOR HAS EXERCISED HIS DISCRETION UNDER SECTION 13D(1), THERE IS NO FURTHER NEED FOR HIM TO EXERCISE FURTHER DISCRETION UNDER SECTION 13D(1A). SUCH A PERSON CAN BE RELEASED IF HE IS GRANTED A VISA OR AN EXEMPTION UNDER SECTION 61(2) FROM THE VISA REQUIREMENTS. THE POWER TO GRANT A TEMPORARY LEAVE OF ABSENCE CONTAINED IN THE DETENTION CENTRE RULES IS NOT OVERRIDDEN BY THE AMENDMENTS: ON THE CONTRARY, IT IS PUT BEYOND DOUBT BY THE AMENDMENT TO SECTION 13H(6) (SEE CLAUSE 5).
5. WE HAVE BEEN ADVISED BY OUR LEGAL ADVISERS THAT OUR PROPOSED LEGISLATION IN NO/NO WAY EXTENDS THE DIFFICULTIES WHICH YOUR LEGAL ADVISERS BELIEVE TO HAVE EXISTED IN OUR VIETNAMESE LEGISLATION SINCE 1982 VISA A VIS THE ICCPR. IN THE VIEW OF OUR LEGAL ADVISERS, WHICH WE SHARE, THE PROPOSED CHANGES, BY EXPLAINING THAT DETENTION IS FINITE INSOFAR AS IT IS DETERMINED BY THE SPEED OF THE SCREENING SYSTEM AND THE POSSIBILITY OF REMOVAL TO VIETNAM, REDUCES ANY DIFFICULTIES VIS A VIS THE ICCPR. WE NOTE THAT IN THEIR MINUTES TO HONG KONG DEPARTMENT OF 24 JANUARY AND 25 FEBRUARY YOUR LEGAL ADVISERS SEEMED TO TAKE A
SIMILAR VIEW.
6. TUR ASKS ABOUT THE EFFECT OF THIS BILL ON OUR ABILITY TO DEFEND OUR VIETNAMESE POLICY AND LEGISLATION. WE RECOGNISE THAT THE PROPOSED AMENDMENTS WILL FOCUS ATTENTION ONCE AGAIN ON THE VIETNAMESE MIGRANT PROBLEM HERE AND PROBABLY LEAD TO FURTHER CRITICISM OF OUR POLICY OF DETENTION. WE BELIEVE HOWEVER THAT IT WILL BE EASIER TO DEFEND OUR POLICY AND LEGISLATION FOLLOWING THESE CHANGES AS THEY INCORPORATE IN LAW THE REASONS FOR THE LENGTH OF DETENTION AND ALSO PROVIDE FOR APPEALS AGAINST TRANSFER IN THE INTERESTS OF ORDER OF GOOD MANAGEMENT. WE NEED ALSO TO MAKE THE POINT THAT IN OUR ASSESSMENT A SUCCESSFUL LEGAL CHALLENGE TO OUR POLICY OF DETENTION WOULD DEAL A SERIOUS BLOW HERE TO OUR ABILITY TO MAINTAIN FIRST ASYLUM. THE STRENGTH OF LOCAL FEELING ON THE VIETNAMESE ISSUE IS SUCH THAT, PUT AT ITS SIMPLEST, WITHOUT A POLICY OF DETAINING ARRIVALS WE DOUBT IF HONG KONG PEOPLE WOULD ACCEPT THAT WE SHOULD ALLOW BOATS TO LAND AT
ALL.
7.
WE ARE FAXING TO YOU SEPARATELY OUR LEGAL ADVISERS' REPLY TO
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