CONFIDENTIAL
30
OT1034 MDHOAN 0255
CONFIDENTIAL
FM FCO
TO DESKBY 22010OZ HONG KONG
TELNO 539
OF 21141OZ MARCH 91
HKC241/4
27 MAR 1991
pa from 2013
VIETNAMESE MIGRANTS: AMENDMENTS TO IMMIGRATION ORDINANCE
1.
IF WE ARE TO COMMENT BEFORE THE EXCO DISCUSSION ON 26 MARCH, WE SHALL NOW NEED TO SUBMIT URGENTLY TO MINISTERS. THERE IS HOWEVER A PROBLEM. LEGAL ADVISERS HAVE SERIOUS AND FUNDAMENTAL RESERVATIONS ABOUT THE PROPOSED AMENDMENTS. IN SUMMARY, THEIR COMMENTS ARE:
(I) THE PROPOSED AMENDMENTS DO NOT REMEDY THE DEFECTS IN HK'S VBP POLICY WHICH WE CONSIDER TO HAVE PUT HMG IN BREACH OF ICCPR OBLIGATIONS SINCE 1982:
(II) THE AMENDMENTS IN SEVERAL RESPECTS APPEAR TO MAKE IT RATHER MORE LIKELY THAT HMG COULD BE FOUND TO BE IN BREACH OF THE ICCPR, ALTHOUGH ONE AMENDMENT IS POSSIBLY A SLIGHT IMPROVEMENT ON THE PRESENT LAW. THERE ARE ALSO PROVISIONS WHERE THE DRAFTING IS SO DEFECTIVE THAT IT IS DIFFICULT TO SAY WITH ANY CONFIDENCE WHAT THE EFFECT ON OUR ICCPR OBLIGATIONS WILL BE:
(III) THE FACT OF MAKING ANY AMENDMENTS WILL FOCUS PUBLIC ATTENTION ON THE EXISTING LAW AND PRACTICE AND THEREBY MAKE IT MORE LIKELY THAT THE PRESENT INCOMPATIBILITY WITH THE ICCPR WILL BE COMMENTED UPON:
2. IN THE SHORT TIME AVAILABLE, WE THINK THE ONLY WAY TO RECONCILE THESE DIFFERENCES WOULD BE FOR YOU TO TELEGRAPH TO US A CLEAR AND CONCISE ACCOUNT OF THE PROPOSED AMENDMENTS COVERING:
PAGE CONFIDENTIAL
THIS IS A COPY.
THE ORIGINAL HAS BEEN
CLOSED UNDER
FOI EXEMPTION NO. 27.(1.)..
No comments yet.
Private notes are available after approval.