TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 139

CONFIDENTIAL

Reference

Bill of Rights compatible with the ICCPR and legislation incompatible with it, seems inconsistent.

para 6: we have not seen the full text of the Immigration Ordinance and the proposed amendments. If the new ordinance makes it mandatory to detain only Vietnamese on arrival, would this not be discriminatory, in possible breach of the ICCPR?

para 6(c): if we can justify the current periods of detention of VBP, then there is possibly no need to include this element in the new legislation. It is not for the ordinance to say what is and what is not a reasonable period of detention in the circumstances. That would be for the courts, or the Human Rights Committee to decide.

5. UND would prefer not to see legislation come into force which is possibly in breach of our international obligations, but in the circumstances could reluctantly go along with it, given overiding political reasons. But in any circumstances we should:

i) be explicit with Ministers that the introduction of this legislation would be a cynical exploitation of the one year freeze period under the Bill of Rights; and

ii)

we should be more open with the Human Rights Committee, especially if the ordinance is to be passed on 4 April, the day after the UK ICCPR examination. We should be under no illusimus aloit

the commmitee's reaction -it will not be an easy nue.

6.

We world be beyyry to attend a meeting

on this.

14 March 1991

cc: Miss Evans, UND

Mr Rankin, Legal Advisers

Miss Barrett, Legal Advisers Mr Haswell,

SEAD

CODE 18-77

SJBABX

CONFIDENTIAL

David Watwy

DS Walwyn

United Nations Department K150

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