TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 48

CONFIDENTIAL

050260 MDHIAN 2566

WHILE A PERSON IS NOT PROHIBITED FROM BRINGING JUDICIAL REVIEW PROCEEDINGS PRIOR TO APPEALING TO THE GOVERNOR IN COUNCIL, SECTION 64(3) OF THE IMMIGRATION ORDINANCE PRECLUDES A JUDICIAL REVIEW OF

THE DECISION MADE BY THE GOVERNOR IN COUNCIL.

(B) LEGAL REPRESENTATION AND QUASIJUDICIAL PROCEDURE

NEITHER WILL BE APPLICABLE TO CONSIDERATION BY THE GOVERNOR IN

COUNCIL OF APPEALS PROVIDING THAT WE DO NOT FORMALLY ESTABLISH A

SUB-COMMITTEE OF EXCO FOR THIS PURPOSE.

(C) DEVELOPMENT OF CASE LAW

CASE LAW COULD OF COURSE DEVELOP IF JUDICIAL REVIEW OF THE INITIAL

DETERMINATION IS SOUGHT. BUT THIS WOULD PROBABLY MEAN THAT THE

APPLICANT WOULD BE OUT OF TIME WITH HIS STATUTORY OBJECTION

(D) INVOLVEMENT OF NON-GOVERNMENTAL ORGANISATIONS

SINCE WE DO NOT INTEND TO HAVE AN APPEAL PANEL OR TRIBUNAL, THIS FACTOR CAN WE THINK BE DISCOUNTED. THE UNHCR HAVE BEEN INVITED TO PROVIDE ASSISTANCE TO VBP IN THE PREPARATION OF THEIR APPEALS BUT

WE DO NOT INTEND TO GIVE THEM A ROLE IN THE DECISION MAKING PROCESS.

5. WE SHALL BE CONSULTING EXCO ON 13 SEPTEMBER.

WILSON

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