TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 47

$

RECEIVED

C65

28 JUN 1982

ARGAL DEPT.

HEL

JUSTICE

BY GAND]

(BRITISH SECTION OF THE INTERNATIONAL ÇOMMISSION OF JURISTS)

Cables:

JUSTJURIST HONGKONG

Telephone:

H-220066

The Attorney General.

Fr:

Central Government Offices

Main Wing

Hong Kong

HONG KONG BRANCH

Mr. I.R.A. MacCallum c/o Wilkinson & Grist

6th Floor, Prince's Building Hong Kong

Communications:

Executive Secretary

1103 PRINCE'S BUILDING HONG KONG

June 28, 1982

•

Dear Sir,

Justice is concerned over the very sweeping powers conferred by the Immigration (Amendment) Bill 1982.

In particular, we are concerned that the Director of Immigration has been given the power to imprison Vietnamese refugees for an indefinite period.

Under the original Immigration Ordinance, there are specific time limits imposed on the right of detention. These time limits have now been abolished for Vietnamese refugees. As a matter of principle, it seems to us to be wrong that a person, or indeed a whole family, can be im- prisoned, without the benefit of legal process for an indefinite period.

Justice recognizes the problems created by the influx of Vietnamese refugees but we submit that a complete disregard for the rule of law is not the way to handle this problem.

We would strongly recommend that Government should immediately establish a review body. This should be a panel of independent persons headed by a senior member of the judiciary. Any Vietnamese refugee should then be entitled to refer any case of hardship or distress to this panel and in addition, the panel should have power to investigate on its own volition any case which it feels requires investigation. The panel should have the power to discharge or vary any order of indefinite detention made under the proposed Bill.

We feel that our suggestion preserves the balance between Government's nced to deal with the Vietnamese refugee problem and the undesirability of indefinite detention without the benefit of legal process and we trust that the Government will see fit to introduce a suitable amendment imple- menting our suggestion into the Bill before it is passed into law.

Yours faithfully,

Hehalt

I.R.A. MACCALLUM Chairman

C.C.

Secretary for Security (The Hon. L.M. Davies). UMELCO

-

The Adm. Secretary

Mr. Hin Lee Wong