CONFIDENTIAL
FM HONG KONG
TO DESKBY 14090OZ FCO
TELNO 793
OF 140704Z MARCH 91
CONFIDENTIAL
HKC 241/4
22 MAR 185
TOP COPY Q DIST?
25
162736 MDHIAN 7951
YOUR TELEGRAM NO. 485: VIETNAMESE MIGRANTS: AMENDMENTS TO THE IMMIGRATION ORDINANCE.
1. THE ANSWERS TO YOUR 3 POINTS ON TIMING ARE:
(A) THE LEGCO DEBATE ON THE BILL OF RIGHTS (BOR) WILL PROBABLY RESUME ON 24 APRIL AND WE HOPE TO COMPLETE ALL REMAINING
LEGISLATIVE STAGES THE SAME DAY. IF SO, OUR CURRENT ESTIMATE FOR THE DATE THAT THE BOR WILL BECOME LAW IS 29 APRIL. BUT THAT DATE MAY OF COURSE CONCEIVABLY SLIP.
amendment
(B) THE DATE THAT THE BILL WILL BECOME PUBLIC IS THE DATE THAT IT APPEARS IN THE GOVERNMENT GAZETTE ON 4 APRIL. WE CANNOT DELAY THIS DATE IF WE ARE TO ENSURE A FIRST READING AND COMMENCEMENT OF THE SECOND READING ON 17 APRIL. WE APPRECIATE THAT THIS TIMING IS UNFORTUNATE GIVEN THE TIMING FOR PRESENTATION OF THE THIRD PERIODIC REPORT, BUT SEE NO WAY ROUND THIS. TO DEFER GAZETTING FOR A FURTHER WEEK IS LIKELY TO LEAD TO LEGCO TO PRESS FOR MORE TIME TO CONSIDER THE BILL.
(C) WE DO NEED TO ENACT THESE AMENDMENTS AS SOON AS POSSIBLE. THERE MUST BE A REAL RISK OF AN EARLY LEGAL CHALLENGE TO OUR PRESENT DETENTION POLICY BASED ON THE SEARS JUDGMENT OF 12 NOVEMBER. HELTON'S COMMITTEE HAVE ALREADY SAID THEY ARE PLANNING SOMETHING ON THESE LINES. WE NEED ALSO TO ENACT THE NEW PROVISIONS ON TRANSFER (CLAUSE 2(3) AND 2(4)) AS EARLY AS POSSIBLE, GIVEN THE CURRENT JUDICIAL REVIEW PROCEEDINGS ON THE TRANSFER OF TRAN AND CUOC, WHICH WILL RECOMMENCE ON 7 APRIL. IT WOULD PLAINLY BE SAFEST TO HAVE GAZETTED THESE PROVISIONS BEFORE THE HEARING REOPENS. I.E. ON 4 APRIL (5 APRIL IS A HOLIDAY HERE), SINCE FAILURE TO GAZETTE THE AMENDMENT BEFORE JUDGMENT MIGHT THEN OPEN
US TO FURTHER CHALLENGES OF OUR POWER TO TRANSFER.
FORD
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