TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 132

CONFIDENTIAL

FM HONG KONG

TO DESKBY 1512OOZ FCO

TELNO 806

OF 150946Z MARCH 91

CONFIDENTIAL

HKC 241/4

77 MAR 1991

fa

(28)

167077

MDHIAN 8180

YRTELNO 500: VIETNAMESE MIGRANTS: AMENDMENTS TO THE IMMIGRATION

ORDINANCE

1. WE HAVE GIVEN FURTHER THOUGHT TO THE TIMING AND CONTENT OF OUR DRAFT BILL IN THE LIGHT OF TUR. BOTH ASPECTS ARE CONSIDERED

BELOW.

TIMING

2. PARA 1(A) OF TUR REFERS TO THE BOR AS THE MAIN REASON FOR OUR TIGHT TIMETABLE. IT IS A MAJOR FACTOR, BUT NOT THE ONLY ONE.

THERE IS ALSO:

A. THE LIKELIHOOD OF AN EARLY LEGAL CHALLENGE TO OUR DETENTION POLICY (PARA 2 OF MY TELNO 780):

B. THE NEED TO GAZETTE THE PROVISION ON TRANSFER WELL BEFORE JUDGEMENT ON THE CURRENT JUDICIAL REVIEW OF THE TRANSFER OF CUOC AND TRAN TO UPPER CHI MA WAN (PARA 1(C) OF MY TELNO 793).

3. HAVING LOOKED AGAIN AT THE TIMETABLE IN THE LIGHT OF THESE CONSTRAINTS, WE WOULD PROPOSE THE FOLLOWING:

A. EXCO 26 MARCH (I.E. NO CHANGE THERE IS NO EXCO ON 2 APRIL). (WE RECOGNISE THAT WE MAY THEREFORE NEED TO SUBMIT THE MEMO TO MEMBERS A BIT LATE.)

B. GAZETTE THE BILL ON 12 APRIL (I.E. SLIP 8 DAYS, LEAVING MORE DAYLIGHT BETWEEN THE ICCPR HEARINGS IN NEW YORK AND GAZETTAL

HERE).

C. FIRST AND SECOND READING IN LEGCO 17 APRIL (I.E. NO CHANGE).

D. RESUMPTION OF SECOND READING, COMMITTEE STAGE, AND THIRD READING 24 APRIL. (I.E. NO CHANGE).

4. WE HAVE LOOKED AGAIN AT THE BOR TIMETABLE AND BELIEVE THIS MIGHT BE SLIPPED ONE WEEK: I.E. RESUMPTION OF SECOND READING,

1

PAGE CONFIDENTIAL