GPS JY०
CONFIDENHAL
FM HONG KONG 010544Z SEP 82
CONFIDENTAL
TO PRIORITY HONG KONG GOVERNMENT OFFICE LONDON
TELEGRAM NUMBER 1246 OF 1 SEPTEMBER
TO JOHN GRIFFITHS, Q.C. FROM L.M. DAVIES
لل
kikk 243/4
MY TELECRAN 935 OF 26 AUGUST TO FCO COPIED TO HONG KONG GOVERNMENT OFFICE REFERS. NIR.
IMMIGRATION (AMENDMENT) ORDINANCE
BA19 Arlla
YOU WILL RECALL THAT THE FCO DID NOT FEEL ABLE TO ACCEPT OUR PROPOSED ANSWER TO PATRICK WALL'S PQ WHICH SAID THAT THE HONG KONG GOVERNMENT HAD ENSURED THAT ITS LEGISLATION ON THIS SUBJECT IS COMPATIBLE WITH INTERNATIONAL HUMAN RIGHTS INSTRUMENTS. INSTEAD THE REPLY GIVEN INCLUDED THE PHRASE THAT THE HONG KONG GOVERNMENT TOOK ACCOUNT OF THE RELEVANT INTERNATIONAL HUMAN RIGHTS INSTRUMENTS WHEN PREPARING THEIR PROPOSED LEGISLATION IN
THIS FIELD. CONSIDERATION IS BEING GIVEN TO WHETHER IT MAY BE DESIRABLE FOR THE AVOIDANCE OF DOUBT FOR CERTAIN AMENDMENTS
TO BE MADE".
2. FCO HAVE SAID THAT WHAT IS NEEDED IS FOR THE COURTS OF HONG KONG
TO BE EMPOWERED TO REVIEW THE MERITS OF ANY ADMINISTRATIVE DECISION TO CONFINE A REFUGEE IN A CLOSED CAMP. AS A MATTER OF POLICY WE HAD CONCLUDED THAT THE COURTS SHOULD ONLY REVIEW THE LAWFULNESS OF THE DETENTION OR IN ESSENCE THAT THE COURTS OUGHT NOT TO BE ABLE TO REVERSE THE DECISION OR SUBSTITUTE ONE OF THEIR
OWN.
3. THE GOVERNOR HAS ASKED THAT YOU SHOULD DISCUSS THE FCO'S PROPOSAL WITH THEIR LEGAL ADVISERS IN AN ENDEAVOUR TO CONVINCE THEM
THAT THERE IS NO SIMILAR PROVISION IN OUR ORDINANCE FOR THE COURTS TO RULE ON AN ADMINISTRATIVE DECISION TAKEN BY THE DIRECTOR OF IMMIGRATION REGARDING THE IMMIGRATION STATUS OF A PERSON AND
WE ARE THEREFORE STRONGLY OPPOSED TO GIVING SUCH A RIGHT TO A
REFUGEE. IT GOES WITHOUT SAYING THAT WE SEE INSURMOUNTABLE DIFFICULTIES IN THE ADMINISTRATION OF THE ORDINANCE SHOULD IT BE
SERIOUSLY SUGGESTED THAT SUCH A PROVISION SHOULD BE OF GENERAL
APPLICATION.
YOUDE
MINIMAL
HRGD
COPIES
HONG KONG GOVT OFFICE
LONDON
MR BURROWS
LEGAL
ADVISERS
CONFIDENTAL
182)
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