TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 123

DUU

GOVERNMENT HUUSE

HUNG KUNG

1

3-22 11:17

PHGE 18

1991-05-22 177132 RGC

852 869 0720 P.63

2. Power to transfer Vietnamese Boat People

་

to other detention centres

I

am not sure what the concern is here on the ICCPR angle. Art. 12 of ICCPR deala with retrospectivity as regards criminal offences.

3. Decision on the RRB

I do not know the reason for giving the RSRB jurisdiction over the issue of detention under Section 13D(1) but blocking the right of appeal here does not mean that there does not exist elsewhere an avenue of appeal which is adequate for the purposes of Art. 5(4) ICCPR. [The decision of Godfey J. in Liew Kar Seng [1989] 1 HKLK 607 is to the effect that on a habeas corpus

corpus application the effluxion of time my turn an initially lawful detention into an unlawful one which is the most likely basis for an application by a VM detained under S. 13D(1)]

PP. Becker Young

(P. J. Dykes)

Yanny

Assistant Solicitor General