CODE 18-77
FAX
Loft Shut Down
To
Fax to P Dykes Esq
Asst. Solicitar Creneed
Hong hạng.
foo reply
RESTRICTED
WHIS
COMCEN
From
Date:
+
your
telna 654 refers.
CC:
Reference. H+K (24.1/4
Ms J Barrett
Assistant Legal Adviser
K 166
270 3381
25 February 1991
(without enclosures)
Mr Bruce, SEAD
Mr Walwyn, UND
Mr Hendry, Legal Advisers
Mr Rankin, Legal Advisers
RAMay 2/3.
Ms Major
Hong Kong Department
VIETNAMESE BOAT PEOPLE AND THE ICCPR/BOR
1.
John Rankin has now completed extensive research on the jurisprudence of the Human Rights Committee relating to Article 9(1) and (4) ICCPR, trailed in my minute to you of 24 January, paragraph 5. This has involved reading over fifty decisions of the HRC on communications submitted under the Optional Protocol, for which I am extremely grateful to him. I attach a copy of his minute to me summarising his findings.
2. The two cases which appear to me the most relevant are 236/1987 and 296/1988.
(i)
236/1987 was an immigration case brought against Canada. The author had entered Canada illegally and been detained for two months prior to deportation on the ground that he was a danger to the public and was likely not to appear for the deportation hearings. The HRC found his allegation of a breach of Article 9(1) not substantiated, as he had been lawfully arrested and the decision to detain was not arbitrary "especially in view of his insistence not to leave the country". Canada had indicated that according to their security and criminal intelligence reports, they had reasonable grounds to believe that the author would engage in subversion.
(ii)
In 296/1988, the author had been detained pending deportation for 16 months and was still in detention at the time of the hearing. quote from the report (paragraph 8.4):
I
"With regard to a possible breach of Article 9
RESTRICTED