TNAG-1187-FCO40-1489-Hong-Kong-s-closed-camp-policy-for-Vietnamese-refugees-1982 — Page 24

CONFIDENTIAL

ра удган г

ATTORNEY GENERAL'S CHAMBERS

HONG KONG

ник 24 33

ᄀ

21

Your ref: HKK 243/1

AGC2/625/79C

Our ref:

Mr. R. D. Clift,

Mr. Bunn

see (19 HKK 243/3

(1983)

4

Sen 23/12

721 AF27/12 Q Copy M 28th December 1982.

The Mc Quade

Hong Kong and General Department (2)

Foreign and Commonwealth Office, London SW1A 2AH,

England.

Dear Dick,

HKK243/1228

I shel like

a

M

wa.

your

Mt. Sigfith pse fix

meeky

K

a mts. wie my Burrows

asap after

Chirstha

holiday. fit wil be

disurss when Mr. Barrino ha had time to consider.

Closed Camps for Vietnamese Refugees

This was

nice to resolve

masker, if

poss bijon

Paret.

I am sorry for the time it has taken to reply to your letter of 6th October on this complicated subject. caused in part by the opportunity presented by Lord Belstead's visit for the Governor to discuss the problem directly with the Minister. As you know, Alan Donald was also involved in our meeting with the Minister, and has suggested you should liaise with him.

23

The present position, as the Hong Kong Government views it, is as follows:

n

23/12

First, basically we accept your views on the Closed Camp Rules. I agree with Fred Burrow's opinion that certain of the rules may be in breach of the Articles of the International Covenant on Civil and Political Rights. Accordingly our Government intends to alter the rules where necessary so as to accord with the Covenant, and there is a working party, including lawyers, currently processing this as a matter of urgency. The reason for the original lapse, which is regretted, is the speed with which it was necessary to draft the original rules, so that the Correctional Services Rules had to be taken in large part as a precedent.

So far as the Ordinance itself is concerned, it seems clear to me now that it is not legally necessary to amend it as you suggest. I would add that it would be very impolitic to do so in the current political climate in Hong Kong. I would also caution long and very careful thought before you even dreamed of following Fred Burrow's advice to disallow the Ordinance if it is not amended.

CONFIDENTIA

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