CODE 18-77
JB2AAC
CONFIDENTIAL
Reference..
9. RSRB)
Amendment to section 13F(8) (decisions of
In the phrase "a decision of a Board shall not be subject to review or appeal in any court", after Board new words have been inserted: "whether as to the status of the appellant, his continued detention
or any other question involved in the application". The words underlined seem designed to exclude judicial review of the Board's decision-making process altogether, even where it is claimed that the Board's decision was based on a material error of fact. (as in the Do Giau case).
Comment
This amendment will reduce the remedies which the ICCPR requires to be available to a person claiming to be a victim of i) Article 7 ICCPR on the grounds that he is likely if returned to Vietnam to be subjected to torture, cruel, inhuman or degrading treatment or punishment there; or ii) Article 9 on the grounds that his detention is arbitrary. In these respects, our compliance with the ICCPR will be put further in doubt.
10. I would suggest that we continue to pursue these detailed points with HK, even if Ministers decide to approve the legislation in principle.
Will Band
Jill Barrett
CONFIDENTIAL