TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 62

CORFISLITIN

pa J824/12

거쯤

7

Your ref: HKK 243/1

AGC2/625/79C

Our ref:

ATTORNEY GENERAL'S CHAMBERS

HONG KONG

3

MATH 24 2018

Mr. R. D. Clift,

21

20e(19 HKK 243/3

Sew 23/12 © Copy Mr 28th December 1982.

22 112/2 (1983) 3 A year pre fix Mit Sicherh

Hong Kong and General Department @ Mr McQuade

Foreign and Commonwealth Office, London SW1A 2AH,

England.

Dea Dich,

||||243/1

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Closed Camps for Vietnamese Refugees

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I am sorry for the time it has taken to reply to your letter of 6th October on this complicated subject.

This was caused in part by the opportunity presented by Lord Belstead's visit for the Governor to discuss the problem directly with the Minister. As you know, Alan Donald was also involved in our meeting with the Minister, and has suggested you should liaise with him.

23

The present position, as the Hong Kong Government views it, is as follows:

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231

First, basically we accept your views on the Closed Camp Rules. I agree with Fred Burrow's opinion that certain of the rules may be in breach of the Articles of the International Covenant on Civil and Political Rights. Accordingly our Government intends to alter the rules where necessary so as to accord with the Covenant, and there is a working party, including lawyers, currently processing this as a matter of urgency. The reason for the original lapse, which is regretted, is the speed with which it was necessary to draft the original rules, so that the Correctional Services Rules had to be taken in large part as a precedent.

So far as the Ordinance itself is concerned, it seems clear to me now that it is not legally necessary to amend it as you suggest. I would add that it would be very impolitic to do so in the current political climate in Hong Kong. I would also caution long and very careful thought before you even dreamed of following Fred Burrow's advice to disallow the Ordinance if it is not amended.

CONFIDENTIA

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