CONFIDENTIAL
142561
*
MDHIAN 7113
OF GOOD ORDER AND MANAGEMENT OF THE CENTRES, THERE IS PROVISION FOR APPEAL TO THE AUTHORITY APPOINTED TO MANAGE THE RELEVANT DETENTION CENTRE.
2. WE HAVE LOOKED AT THE POSSIBILITY OF ANY DISCREPANCY BETWEEN
OUR LEGISLATION FOR VIETNAMESE MIGRANTS AND THE ICCPR AND HAVE CONCLUDED THAT THE AMENDMENT BILL DOES NOT/NOT CONTRAVENE THE ICCPR. WE HAVE NOTED THE ADVICE OF YOUR LEGAL ADVISERS, (MS BARRETT'S MINUTES TO MS MAJOR, HKD OF 24 JANUARY 1991 AND 25 FEBRUARY 1991) AND TAKEN INTO ACCOUNT JUSTICE SEAR'S COMMENTS IN HIS JUDGEMENT ON THE HABEAS CORPUS CASE ON 12 NOVEMBER 1990 REGARDING ARTICLE 9(1) OF THE ICCPR. HAVING DONE SO, WE FEEL THAT THE AMENDMENT TO ALLOW FOR LAWFUL DETENTION PROVIDED THAT THE
PERIOD IS REASONABLE IN ALL THE CIRCUMSTANCES OF THAT DETENTION TAKES NOTE OF THE CONCERNS THAT HAVE BEEN RAISED AND ADDRESSES THEM AS FAR AS IS POSSIBLE, GIVEN THAT DETENTION REMAINS IN OUR VIEW AN ESSENTIAL ELEMENT IN OUR POLICY. AS YOU KNOW, THAT IT IS INTENDED THAT UNDER THE BILL OF RIGHTS THERE SHOULD BE A ONE YEAR RENEWABLE FREEZE RELATING TO SPECIFIC ORDINANCES. WE INTEND THAT THE IMMIGRATION ORDINANCE WILL BE ONE OF THESE. WHILST WE FEEL THAT THE AMENDMENTS WE PROPOSE WILL NOT/NOT BE INCONSISTENT WITH THE ICCPR, WE SHALL ALSO WISH TO HAVE THE ADDED PROTECTION UNDER DOMESTIC LAW THAT EXCLUSION FROM THE BILL OF RIGHTS UNDER THE TEMPORARY FREEZE PROVISIONS WILL GIVE US.
3. IN ORDER TO COMPLETE THE PASSAGE OF THIS BILL THROUGH THE
EXECUTIVE AND LEGISLATIVE COUNCILS PRIOR TO THE ENACTMENT OF THE BILL OF RIGHTS, WE ARE FACED WITH A TIGHT SCHEDULE AND ARE AIMING TO PRESENT THE BILL TO EXCO NO LATER THAN 26 MARCH 1991. THE EXCO MEMORANDUM HAS THEREFORE TO BE FINALISED AND WITH THE CLERK OF THE EXECUTIVE COUNCIL NO LATER THAN NOON (HK TIME) ON 18 MARCH. 1991. WE WOULD THEREFORE WELCOME YOUR RESPONSE BY 1410OOZ AT THE LATEST AND HOPE YOU WILL BE ABLE TO AGREE THERE IS NO DIFFICULTY
WITH OUR PROPOSED AMENDMENTS.
4. PARA 3 OF YOUR TUR : WE SHARE YOUR ASSUMPTION.
FORD
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