TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 135

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1KC841/4

CONFIDENTIAL

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27

165715

MDHOAN 9871

CONFIDENTIAL

FM FCO

TO DESKBY 15010OZ HONG KONG

TELNO 500

OF 141815Z MARCH 91

25

TOP Q DE

YOUR TELNO 793: VIETNAMESE MIGRANTS: AMENDMENTS TO THE IMMIGRATION ORDINANCE

1. THE CONTENT AND THE TIMING OF THE AMENDMENTS IS CAUSING US SERIOUS DIFFICULTY. OUR LEGAL ADVISERS AND UNITED NATIONS DEPARTMENT ARE UNHAPPY WITH THE AMENDMENTS AS THEY STAND. IF WE ARE TO RECOMMEND TO MINISTERS ACCEPTANCE OF THE AMENDMENTS, WE SHOULD NEED TO SPELL OUT CLEARLY:-

2.

A) THE REASON FOR THE TIGHT TIMETABLE IE THAT YOU WISH TO INTRODUCE THE AMENDMENTS BEFORE THE BILL OF RIGHTS IN ORDER

TO TAKE ADVANTAGE OF THE FREEZE PERIOD

B) THAT THE ORDINANCE WOULD BECOME PUBLIC THE DAY AFTER THE

ICCPR THIRD PERIODIC REPORT EXAMINATION. IN THESE CIRCUMSTANCES, WE THINK THAT IT WOULD BE UNACCEPTABLE AND HEAVILY CRITICISED IF WE DID NOT GIVE SOME INDICATION OF OUR INTENTIONS TO THE HUMAN RIGHTS COMMITTEE DURING THE EXAMINATION (THOUGH NOT IN DETAIL). THIS WILL OF COURSE INCREASE THE ATTENTION DRAWN TO THE AMENDMENTS. BUT NOT TO RAISE THE AMENDMENTS AT ALL MEANS THAT WE ARE STILL LIKELY TO BE CRITICISED SUBSEQUENTLY AND SHALL ALSO APPEAR TO HAVE BEEN DUPLICITIOUS. THIS WOULD CONSIDERABLY DAMAGE OUR REPUTATION ON HUMAN RIGHTS.

THE FACT THAT THE GAZETTING OF THE AMENDMENTS WILL IMMEDIATELY PRECEDE THE SECRETARY OF STATE'S VISIT TO HONG KONG AND CHINA INCREASES THE CONCERN WITH WHICH MINISTERS ARE LIKELY TO VIEW THE PROPOSAL.

3. BECAUSE OF THE NEED TO CONSULT WIDELY AND PRESENT A CAREFULLY ARGUED CASE TO MINISTERS, WE SHALL NOT/NOT BE ABLE TO GIVE YOU OUR VIEWS ON 18 MARCH. WE SHOULD LIKE TO PROPOSE THAT YOU DELAY GAZETTING OF THE ORDINANCE BY 1 WEEK (TO 11 APRIL) IF NECESSARY ALSO DELAYING THE PASSAGE OF THE BILL OF RIGHTS ACCORDINGLY. IF THIS IS NOT POSSIBLE, THE ONLY OPTION WOULD BE TO DELIVER THE EXCO MEMORANDUM TO THE CLERK OF EXCO LATER THAN

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