TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 115

000

GUVERNMENT HUUSE

HUNG KUNG

3-22 11:11

CONFIDENTIAL #E

機密

Q

Human Rights Considerations

14

administrative

inconsistent

International

Dut that

The Attorney General's Chambers advise that the

detention of asylum seekers is not

with our obligation under Article 9 of the

Convenant on Civil and Political Rights,

such detention may become unlawful with the

OI time. The proposed legislation should go

some way to ensuring that judges have regard to all the

relevant IactorS relating to the length of detention in

tne case of any individual but will not prevent a judge

Irum coming to the conclusion that in a particular case a

unreasonable and therefore

errluxion

perioa

unlawful.

OI

aetention

[15 Consultation

: HMG

niew]

CONFIDENTIAL # 18