TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 43

Reference

CONFIDENTIAL

Hrin 24 :)

Mr Freeland, Legal Advisers

AUS

B & C

HONG KONG: VIETNAMESE REFUGEES

S (171)

기

1. I think you have previously been involved in the internal discussions relating to the human rights aspects of the legislation recently enacted by the Hong Kong Government to bring into effect their new policy of housing Vietnamese refugees in closed camps. You may therefore be aware that we consider that further amendments are necessary to bring it into line with even those human rights declarations that have been extended to Hong Kong, but that Hong Kong do not share this view. Before going on leave, Mr Burrows suggested that we should write to Hong Kong to spell out in detail our reservations about the adequacy of their legislation, but it would obviously be helpful if you were able to discuss the problem with the Hong Kong Attorney-General, Mr John Griffiths QC, when he calls on you on 13 August.

2. For ease of reference, I attach the following papers: -

(a)

D(123

(b)

E-(124

F.(12

(c)

Grize

(d)

H & I 52

J 435

(123

155

L M N

(e)

3.

an extract from the Executive Council memorandum XCC(82)74, proposing the introduction of the closed camps policy, together with the Draft Bill (now enacted) and a note on the human rights aspects;

Mr Burrows' minute of 23 June connecting on these, and the subsequent FCO telno 471;

Hong Kong telno 676 in reply to this;

Mr Edwards' minute of 25 June, and the subsequent FCO telnos 482 and 488;

Hong Kong telno 699, informing us of an amendment made to the proposed Bill;

Mr Burrows' view was that the amendment announced in Hong Kong 699 did not meet the points raised in FCO telno 488, but it is clear from later exchanges of telegrams related to a PQ from Sir Patrick Well that Hong Kong do not propose to take any further action at present. Whether this is due to a misunderstanding of telno 488 or a different legal interpretation by the Attorney-General in Hong Kong is not clear to us.

CODE 18-77

*

9 August 1982

cc: SEAD (w/o encs)

RJ F Hoare

Hong Kong & General Department

CONFIDENTIAL