23
157215
MDHIAN 7734
CONFIDENTIAL
HKC 241/4
22 MAR 1991
TOP COPY Q DIST?
PM.
Por 13/3
CONFIDENTIAL
FM HONG KONG
TO DESKBY 13110OZ F C_O
TELNO 786
OF 130945Z MARCH 91
して
YOUR TELNO 475: VIETNAMESE MIGRANTS: AMENDMENTS TO THE IMMIGRATION ORDINANCE
WE ARE GRATEFUL FOR THE FURTHER THOUGHTS IN PARA 3 OF TUR, WHICH WE SHALL TAKE ONE BY ONE:
(A)
(B)
(C)
SECTION 2(1A): THE WORDS 'AS A REFUGEE'' NEED TO BE DELETED BECAUSE IT IS POSSIBLE FOR A FORMER RESIDENT OF VIETNAM TO BE GIVEN PERMISSION TO REMAIN IN HONG KONG OTHER THAN AS A REFUGEE UNDER SECTION 13A: E.G. AS PART OF HONG KONG'S OWN RESETTLEMENT QUOTA OR UPON MARRIAGE TO A HONG KONG RESIDENT.
SECTION 2(1)(A) THERE HAVE BEEN CASES OF CHINESE AND CAMBODIANS ARRIVING IN HONG KONG ON VIETNAMESE BOATS. BUT IN PRACTICE, IN THE ABSENCE OF DECEPTION ON THEIR PART, THERE IS PROBABLY LITTLE REAL RISK AND WE WOULD BE HAPPY TO REVERT TO THE OBJECTIVE TEST BY DELETING ''IN THE OPINION OF AN IMMIGRATION OFFICER''.
SECTION 2(1)
-
YOUR ASSUMPTION IS CORRECT. ONE ELEMENT IN THE SEARS JUDGEMENT GRANTING HABEAS CORPUS TO THE 111 WAS THAT THE JUDGE CONCLUDED THAT IMMIGRATION DEPARTMENT HAD NOT/NOT EXERCISED ITS DISCRETION PROPERLY BY CONSIDERING THE NEED FOR DETENTION IN EACH INDIVIDUAL CASE. WE DO NOT/NOT WISH TO RISK FURTHER CHALLENGES ON THIS GROUND. WE HAVE FACED ARRIVALS OF OVER ONE THOUSAND PERSONS PER DAY AND IT IS SIMPLY IMPRACTICABLE IN SUCH CIRCUMSTANCES FOR THE DIRECTOR OF IMMIGRATION TO CONSIDER AND DOCUMENT EACH INDIVIDUAL CASE. IT WOULD STILL BE POSSIBLE TO PERMIT A FORMER RESIDENT OF VIETNAM WHO ARRIVED WITHOUT A VISA TO LAND WITHOUT BEING DETAINED BY GRANTING HIM AN EXEMPTION FROM THE VISA REQUIREMENT, AND A DETAINEE COULD BE GIVEN LEAVE OF ABSENCE UNDER THE DETENTION CENTRE RULES. WE INTEND THAT THE MANDATORY DETENTION UNDER SUB- SECTION (1) SHALL ONLY BE FOR THE PURPOSES SET OUT IN SUBSECTION (1A). IF A COURT IS ASKED TO DETERMINE WHETHER
PAGE
1
CONFIDENTIAL