TNAG-2323-FCO40-3367-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 147

CONFIDENTIAL

HKC 241.4

®

142664

MDHIAN 9952

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 234

OF 22110OZ JANUARY

®

RECE

TRY

29 JAN 1991

a

Action Tason

BOR: VBPS.

3

Pr2/1.

OUR TELNO 98 AND YRTELNO 77: BILL OF RIGHTS (BOR) AND VIETNAMESE BOAT PEOPLE (VBP)

1. GIVEN THE TIGHT TIME FRAME WE ARE WORKING ON FOR ENACTMENT OF THE BOR, WE ARE HOPING TO CONSULT EXCO ON 29 JANUARY. THE VBP ISSUE HAS NOW BECOME ONE OF THE KEY CONSIDERATIONS IN HOW WE HANDLE THE BOR. WE TRUST OF COURSE THAT YOU WILL SHARE OUR VIEW IN FIRST TUR THAT HMG'S RESERVATION UNDER THE ICCPR ADEQUATELY COVERS THE INDEFINITE DETENTION OF VBP. IF THIS IS NOT SO, THEN WE FACE A VERY MAJOR POLITICAL AND LEGAL PROBLEM, EFFECTING PERCEPTIONS OF THE BILL AS WELL AS OUR HANDLING OF THE VBP PROBLEM.

2. AS ALSO INDICATED IN PARA 8 OF OUR TUR, WE MAY NEED TO MOVE VERY FAST TO ENACT REMEDIAL LEGISLATION TO PUT BEYOND LEGAL DOUBT OUR POWER TO DETAIN VIETNAMESE ASYLUM SEEKERS FOR AN INDEFINITE PERIOD. FOR POLITICAL REASONS, WE WOULD NOT/NOT WISH TO HAVE TO ENACT THIS LEGISLATION JUST BEFORE, OR AT THE SAME TIME AS, THE BOR BECAME LAW.

3. FOR ALL THESE REASONS, WE WOULD BE VERY GRATEFUL IF YOUR REPLY TO FIRST TUR COULD REACH US DESKBY 2403OOZ.

WILSON

YYYY

ΜΑΙΝ

127

DISTRIBUTION

134

.VIETNAMESE BOAT PEOPLE IN HK

LIMITED

SEAD

EAPD/ODA

ECD (E)

UND

PS

PS/MRS CHALKER

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

PAGE

1

CONFIDENTIAL