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NKICH/
TO PRIORITY HONG KONG TELMO 1124 OF 23 DECEMBER.
1974
DONALD'S LETTER OF 30 AUGUST: SOUTH VIETNAMESE ILLEGAL IMMIGRANTS.
1. MR MAURICE TRACY HAS WRITTEN AGAIN TO MR GREVILLE JANNER MP IN
RESPONSE TO LORD GORONWY-ROBERTS' LETTER OF 22 SEPTEMBER, BASED
ON YOUR ADVICE.
缪
2. MR TRACY'S POINT IS THAT THE REFUGEES WERE APPREHENDED ON
2 JUNE AND AS LATE AS 14 JUNE, THE DIRECTOR OF IMMIGRATION WAS ASSERTING THAT NO DECISION HAD THEN BEEN TAKEN TO DEPORT THEM??
MR TRACY THEREFORE ARGUES THAT SINCE THE DIRECTOR'S POWER TO DETAIN FOR UP TO TWO MONTHS IN ACCORDANCE WITH SECTIONS 18(2) AND 32(1)(A) RELATES TO A PERSON WHO IS TO BE REMOVED FROM HONG KONG'', UNTIL DECISION TO REMOVE IS TAKEN, DETENTION IS NOT LAWFULLY POSSIBLE UNDER THOSE SECTIONS.
''
3. IT SEEMS TO US THAT THERE MAY BE SOMETHING IN THIS ARGUMENT. SECTION 26 GIVES POWERS TO THE IMMIGRATION AUTHORITIES TO DETAIN FOR UP TO A WEEK FOR INQUIRIES. BUT THIS WAS EXCEEDED IN THE CASE OF THE 118. SECTION 32(2) GIVES THE COLONIAL SECRETARY POWER TO DETAIN FOR 14 DAYS PENDING THE MAKING OF AN APPLICATION FOR A REMOVAL ORDER. THIS WOULD BE LONG ENOUGH, SINCE IT SEEMS THAT A DECISION TO REMOVE WAS TAKEN ON ABOUT 15 JUNE. BUT WE ARE NOT SURE WHETHER SECTION 32(2) CAN APPLY EXCEPT TO A REMOVAL ORDER UNDER
SECTION 19 WHICH IS ONLY POSSIBLE WHERE THE TWO MONTHS PERIOD
HAS ALREADY PASSED.
4. GRATEFUL FOR YOUR ADVICE ON HOW WE SHOULD REPLY TO MR JANNER
FOR MR TRACY.
CALLAGHAN
FILES
SIR D. WATSON
MR. MALE
НКО
SEAD
LEGAL ADVIS ERS
PS/LORD GORDN WY - ROBERTS
CONFIDENTIAL
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