TNAG-1417-FCO40-1900-Hong-Kong-Parliamentary-Sub-Committee-on-Race-Relations-and--1985 — Page 164

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18.

No.

Legality of the Policy: Was it approved by UK Parliament? It was

established by Hong Kong's Immigration (Amendment)

Ordinance 1982. (The order was made by the Governor with advice and

consent of the Legislative Council, under powers conferred by the

Letter Patent and Royal Instructions. It was then submitted to the

Secretary of State for Foreign and Commonwealth Affairs who decided not

llow it.)

Dis

to fallow

19.

Human Rights Aspects d dosed centre policy

We understand why some commentators should express concern on this

score: but we regard the policy as a temporary and regrettable

necessity in the circumstances of Hong Kong.

୮

20. If UK were to Accept more Refugees should they come from closed

or open camps?

هد

We would not feel strongly about this: the main priority from our

point of view is to set the ball rolling on resettlement and

encourage other countries to follow our lead. The Hong Kong

Government might prefer the refugees to be taken from open camps, since (a) those refugees have been in Hong Kong longest, [(b) this would not reduce the deterrent effect of the closed centre policy.

But this could be for discussion with the Hong Kong Government and

UNHCR nearer the time, if a decision was taken in principle to accept

more refugees.

WHAT WILL HAPPEN TO ANY REFUGEES WHO ARE LEFT IN CAMPS IN HONG KONG

IN 1997?

21.

We naturally hope that this situation will not arise: our aim

is to ensure that all the refugees are resettled well before then.

22. The Vietnamese refugees who are at present in Hong Kong are

permitted to remain there under provision of Hong Kong's Immigration

Ordinance. We have no reason to suppose that their status will change after 1997. (If pressed: The Hong Kong agreement* does not

cover this matter specifically. It does however provide for Hong

üfter 1997 Kong's existing laws to remain unchanged We shall be discussing

the detailed implementation of the Agreement in the Sino-British Joint Liaison group which will be established later this year, and which

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will