TNAG-1423-FCO40-1906-Vietnamese-refugees-in-Hong-Kong-general-1985 — Page 89

CODE 18-77

CONFIDENTIAL

Reference..

140

رتا ہے

Mr eirge,

HKD

равовая

VIETNAMESE REFUGEES

1.

37

pa 243/5. ра

I have suggested one or two amendments to the draft attached to your minute of 24 January. I think that the paper should at an appropriate stage be cleared with UN Department, and its legal adviser.

•

2. In paragraph 5 of the draft paper it seems to me to be only a half truth to say that Vietnamese refugees "... have been placed in closed centres, and are not permitted to seek outside employment". The prohibition of outside employment is not the only restriction on their liberty. I suggest that the sentence in question might read

"Since that date, under a further special provision of the Hong Kong Immigration Ordinance, all newly arriving refugees have been placed in closed centres, where they are deprived of their liberty and are not permitted to seek outside employment."

3.

4.

In paragraph 21 I suggest that you replace sub-paragraph (d) with the following

-

"Unless the refugees were imprisoned as illegal immigrants after due trial and conviction in the Courts of Hong Kong this latest scheme is likely to put the United Kingdom in breach of Article 9 of the International Covenant on Civil and Political Rights."

7. Burrows

F Burrows

Legal Counsellor

28 January 1985

THIS IS A COPY THE ORIGINAL HAS BEEN

CLOSED UNDER

FOI EXEMPTION NO..

27(1)

HKK 24315

NY

18 PEBIRGS

CONFIDENTIAL

SUL