SECRET
FM HONG KONG
TO DESKBY 10120OZ FCO
TELNO 2255
OF 10110OZ JUNE 88
INFO PRIORITY UKMIS GENE VA
SECRET
TOP COPY
Q DIST 7 (278
123027
MDHIAN 2846
HKD 24318
VIETNAMESE BOAT PEOPLE : NEW POLICY
J
LEGISLATION
IT APPEARS THERE MAY BE DIFFICULTY WITH THE DENIAL OF ACCESS TO
RESETTLEMENT PROCESSING FOR SCREENED OUT VIETNAMESE ILLEGAL
IMMIGRANTS.
2. UNDER S. 13D (1) OF THE IMMIGRATION ORDINANCE (CAP 115) ALL VIETNAMESE ARRIVALS WHO ARE REFUSED REFUGEE STATUS CAN BE DETAINED
PENDING THEIR REMOVAL FROM HONG KONG. HOWEVER UNDER S. 13D (2) A PERSON SO DETAINED ''SHALL BE PERMITTED ALL REASONABLE FACILITIES TO ENABLE HIM TO OBTAIN ANY AUTHORIZATION REQUIRED FOR ENTRY TO
ANOTHER STATE OR TERRITORY OR, WHETHER OR NOT HE HAS OBTAINED SUCH AUTHORIZATION TO LEAVE THE TERRITORY.' THE EFFECT OF THIS PROVISION
COULD BE TO NEGATE THE OBJECTIVE OF THE NEW POLICY OF DENYING ACCESS
TO RESETTLEMENT PROCESSING TO VIIS, E.G. IF A SCREENED OUT VII WERE SPONSORED FOR RESETTLEMENT BY A RELATIVE CONCERNED GROUP IN
ANOTHER COUNTRY.
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OR
2. ACCORDINGLY WE PROPOSE TO ANNOUNCE ON 15 JUNE OUR INTENTION TO
INTRODUCE A LEGISLATIVE AMENDMENT TO AMEND S. 13D (2) BY DELETING
TO OBTAIN ANY AUTHORIZATION REQUIRED FOR ENTRY TO ANOTHER
STATE OR TERRITORY, OR WHETHER OR NOT HE HAS OBTAINED SUCH AUTHORIZATION.
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3. THE EFFECT OF THIS AMENDMENT WILL BE TO MAINTAIN THE AVAILABILITY
OF VOLUNTARY DEPARTURE WHILST CLOSING THE LOOPHOLE OF SPONSORED
RESETTLEMENT FOR SCREENED OUT VIIS.
4. WE APPRECIATE THAT SUCH AN AMENDMENT COULD ARGUABLY HAVE
IMPLICATIONS FOR OUR OBLIGATIONS UNDER THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS. HOWEVER WE REGARD IT AS AN ESSENTIAL
PART OF THE DETERRENT EFFECT OF THE NEW POLICY AS AGREED BY MINISTERS. IT IS ALSO IN LINE WITH STATEMENTS ELSEWHERE E.G. AMBASSADOR MOORE'S SPEECH IN WASHINGTON SUPPORTING SUSPENSION OF
ACCESS TO RESETTLEMENT PROCESSING FOR NON-REFUGEES.
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