CONFIDENTIAL
157215
MDHIAN 7734
(D)
2.
DETENTION IS FOR THOSE PURPOSES IT IS THEN REQUIRED TO TAKE INTO ACCOUNT THE MATTERS REFERRED TO IN SUBSECTION (1B). WE TAKE YOUR POINT ABOUT THE MANDATORY DETENTION OF (FOR INSTANCE) CHILDREN. OUR ARGUMENT WOULD BE THAT WHERE A COMMUNITY FACES AN UNPREDICTABLE AND UNCONTROLLABLE INFLUX OF UNDOCUMENTED IMMIGRANTS FROM A DIFFERENT CULTURAL AND ETHNIC BACKGROUND, IT IS BOTH NECESSARY AND REASONABLE TO DETAIN THE ARRIVALS PENDING DETERMINATION OF THEIR STATUS.
THIS APPLIES EQUALLY TO CHILDREN ARRIVING WITH THEIR
PARENTS. IT WOULD MAKE NO SENSE SIMPLY TO EXEMPT CHILDREN FROM THE GENERAL PROVISIONS AND THUS SEPARATE THEM FROM
THOSE WHO CAN BEST LOOK AFTER THEM: ANY MORE THAN IT WOULD TO RELEASE CHILDREN WHO COME UNACCOMPANIED (SEVERAL
THOUSAND SO FAR), WHO WOULD THEN NEED TO BE PUT INTO SOME FORM OF CARE, TOTALLY DIVORCED FROM OTHERS OF THEIR OWN CULTURAL AND ETHNIC BACKGROUND. THE ALTERNATIVE IS TO
CONTINUE TO LOOK AFTER THEM IN VIETNAMESE CAMPS.
SECTION 2(1)
THE ADDITIONAL WORDS ARE AIMED BOTH AT CASES
LIKE THE 111 AND AT ANY OTHER VIETNAMESE MIGRANTS WHO ON
ARRIVAL OR SUBSEQUENTLY DECLINE TO CO-OPERATE WITH
SCREENING PROCEDURES. WE HAD BEEN ADVISED BY NICHOLAS
BRAZATA Q.C. THAT SECTION 13D (1) AT PRESENT ONLY COVERS MIGRANTS WHO EXPRESSLY OR BY NECESSARY IMPLICATION APPLY
TO REMAIN IN HONG KONG AS REFUGEES AND WE HAVE THEREFORE
INCLUDED THE PHRASE TO ENSURE THAT THE POWER OF DETENTION
IS INDEED COMPREHENSIVE.
WE ARE GRATEFUL FOR YOUR PROMPT EXAMINATION OF OUR
PROPOSALS. THEIR URGENCY HAS BEEN UNDERLINED IN THE LAST FEW DAYS, SINCE ARTHUR HELTON'S US LAWYERS COMMITTEE FOR HUMAN RIGHTS (WHO ARE ALREADY BACKING CURRENT LEGAL CHALLENGE TO OUR SCREENING PROCEDURES) HAVE DONE US THE COURTESY OF ANNOUNCING PUBLICLY THAT THEY WILL NOW SEEK ALSO TO CHALLENGE OUR POLICY OF
DETENTION THROUGH THE HONG KONG COURTS.
FORD
YYYY
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