TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 127

CODE 18-77

THIS IS A COPY

THE ORIGINAL HAS BEEN CLOSED UNDER

FOI EXEMPTION NO. 27(1)

HKC 241/4

CONFIDENTIAL

Reference

29

fco Teloro 539 refers.

fa

P13

From: Ms J Barrett

Assistant Legal Adviser

K 166 270 3381

27 MAR 1951

Date: 18 March 1991

Cc: Mr Burns

Ms Marsden, HKD

Mr Watt,

UND

Mr Haswell, SEAD

Sir A Watts)

Mr Wood. ) Legal

Mr Hendry ) Advisers) Mr Rankin J

VIETNAMESE BOAT PEOPLE, THE ICCPR AND HONG KONG'S PROPOSED AMENDMENTS TO THEIR IMMIGRATION ORDINANCE

1.

I have (together with the other legal advisers concerned) given some further thought to the effect of HK's proposed amendments, in terms of the ICCPR, in the light of the concessions offered in HK telnos 786 and 806. These concessions alleviate our difficulties to some extent, not eliminate them.

A

2.

Conclusions.

Legal Advisers'

follows:

2

28

concerns may now be summarised as

but do

(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;

CONFIDENTIAL