TNAG-2323-FCO40-3367-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 156

HKC 2414

RECEIV

INDEX

16 JAN 1991

KC

TAY

(VSTRA

won Teach

Ms Barrett

Legal Advisers

CONFIDENTIAL

BOR: VBP.

FROM:

Ru

15/1

DATE:

CC:

OIEU

D P Bruce

South East Asian Dept

15 January 1991

Mr Burns, o.r.

Mr Colvin, o.r.

Ms P. A Major

Hong Kong Dept

Mr Walwyn

UND

HONG KONG BILL OF RIGHTS AND THE VIETNAMESE BOAT PEOPLE

2

A

HKD

241/1

1990

نه م

1.

In October last year, Hong Kong reported that their review group

to study the impact of the Hong Kong Bill of Rights on the Hong Kong Immigration Ordinance had concluded that overall the existing provisions were reasonably bill-proof.

343

2. Hong Kong Telno 98 of 11 January now asks for early advice on what period of detention would be lawful for VBP under Hong Kong law in the face of a recent court ruling that 18 months was unreasonable and the detention of VBP for up to two years pending decision of their refugee status may also contravene the International Covenant on Civil and Political rights if HMG's reservation to the ICCPR does not cover lengthy periods of detention.

3.

Further to our discussion, I should be grateful for your advice. In the meantime Washington has been requested to advise Mr Burns not to raise the issue with the Americans

D P Bruce

RLWAEZ

CONFIDENTIAL