CONFIDENTIAL
HKC241/4
134771
MDHOAN 9315
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 445
OF 06150OZ MARCH 91
27 VAN 1991
TOP COPY Q DIST?
Рад
INFO ROUTINE UKMIS NEW YORK, UKMIS GENEVA
19
241/4
bu 7/3
YOUR TELNO 654: BILL OF RIGHTS/VIETNAMESE BOAT PEOPLE AND THIRD
PERIODIC REPORT ON ICCPR
1.
WE ARE CONTENT WITH THE PARAGRAPH OF THE DRAFT REPORT IN
PARA ONE OF TUR SUBJECT TO A MINOR COMMENT WHICH WE SHALL
TELEGRAPH SEPARATELY IN RESPONSE TO YOUR TELNO 658.
2. WE WOULD BE GRATEFUL FOR AN OPPORTUNITY TO SEE YOUR DEFENSIVE MATERIAL (PARA 2 OF TUR) IN THIS CONNECTION, WE ARE FAXING TO DYKES TWO MINUTES FROM LEGAL ADVISERS ON JURIS PRUDENCE OF THE HUMAN RIGHTS COMMITTEE RELATING TO ARTICLE 9(1) AND 9(4) OF THE ICCPR. AS YOU WILL SEE, THE CONCLUSION IS THAT THE PROBLEM NOW CENTRES PRIMARILY ON ARTICLE 9(1) RATHER THAN (4). CASE HISTORIES ALSO INDICATE THAT EVEN THOUGH A PERIOD OF DETENTION MAY BE PROLONGED THE COMMITTEE IS SLOW TO CRITICISE WHERE A GOOD REASON FOR THE DETENTION IS SHOWN. IT SEEMS TO US THAT IN YOUR DEFENCE YOU WILL NEED TO BE ABLE TO DEMONSTRATE:
(A) THAT SCREENING OR REMOVAL IS BEING ACTIVELY PURSUED AS
SPEEDILY AS POSSIBLE:
(B) IN THE CASE OF REMOVAL, THAT THERE IS A FORESEEABLE PROSPECT OF IT BEING CARRIED OUT: AND
(C) THAT THERE ARE GOOD REASONS WHY VBPS IN GENERAL CANNOT BE LEFT AT LIBERTY IN THE MEANTIME.
3. WE ALSO LOOK FORWARD TO SEEING YOUR PROPOSED DRAFT LEGISLATION (PARA 3 OF TUR). WE ASSUME THAT THIS WILL NOT/NOT BE AN ISSUE FOR THE HUMAN RIGHTS COMMITTEE HEARING.
HURD
YYYY
1
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