TNAG-1423-FCO40-1906-Vietnamese-refugees-in-Hong-Kong-general-1985 — Page 41

HONG KONG'S CLOSED CENTRE POLICY

THE CLOSED CENTRE POLICY WAS INTRODUCED IN JULY 1982 IN

AN ATTEMPT TO DETER FURTHER BOAT PEOPLE FROM SETTING OUT FROM

VIETNAM. THE MEASURE WAS FORCED ON THE HONG KONG GOVERNMENT BY

EVENTS: RESETTLEMENT PROSPECTS FOR THOSE IN HONG KONG'S CAMPS

WERE DETERIORATING, WHILE REFUGEES CONTINUED TO ARRIVE • THAT

IS STILL THE SITUATION (ALTHOUGH THE ARRIVAL RATE HAS DECLINED),

AND THE HONG KONG GOVERNMENT CAN THEREFORE SEE NO ALTERNATIVE

BUT TO CONTINUE THE POLICY AT PRESENT.

LEGALITY OF THE POLICY: WAS IT APPROVED BY UK PARLIAMENT?

No. 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.

THEN SUBMITTED TO THE SECRETARY OF STATE FOR FOREIGN AND

COMMONWEALTH AFFAIRS WHO DECIDED NOT TO DISALLOW IT).

IT WAS

HUMAN RIGHTS ASPECTS OF CLOSED 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.