TNAG-1183-FCO40-1485-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-into-the--1982 — Page 45

Attached

219

CODE 18-77

Верный

CONFIDENTIAL

R:

Mr Edwards

Reference

•HKK243I

224

see

228 HKK 243/3

6/10

6/10 Afillio

HONG KONG: CLOSED CAMPS FOR VIETNAMESE REFUGEES Attached to?

1.

I attach the letter from Justice dated 28 June, the Hong Kong Government's reply of 17 September and the Immigration (Vietnamese Refugees Centres) (Closed Centre) Rules 1982, to which Justice refer.

2.

The Rules do seem to impose a rigorous régime on those Vietnamese refugees who are imprisoned in closed camps. To take one example, if a refugee escapes, or tries to escape, he or she may be shot if the officer has reasonable cause to believe that he cannot otherwise prevent the escape (Rule 37). To take another example, if a detainee disobeys any order of the Superintendent or of any other officer he thereby automatically commits an offence against discipline (Rule 34) and any detainee who has been reported for such an offence must be kept apart from other detainees (including close members of his family) pending adjudication (Rule 32). I should be grateful if you would consider these papers in the light of your experience of the jurisprudence of the European Court of Human Rights and of human rights generally. We have already established that there is a breach of Article 9 of the International Covenant on Civil and Political Rights (TS No 6 of 1977). These Rules seem to show that breaches of other provisions of the Covenant may also be involved. The following Articles seem to me to be relevant

(i) Article 7

'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. '

(ii) Article 10(1) ·

'All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.'

(iii) Article 17

(1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(2) Everyone has the right to the protection of the law against such interference or attacks.'

7. Burrows

F Burrows Legal Counsellor

29 September 1982

CONFIDENTIAL

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