CONFIDENTIAL
1. No solution to this problem is risk free. But the difficulties are not of Hong Kong's making. They stem from the anomalous situation in which Hong Kong is saddled with a disproportionate share of the international burden created by the exodus of boat people. If we are faced with criticism of the kind described by UN Department (see above) we should have to point to the wholly exceptional circumstances and to our efforts to remove the root causes of the problem through international action.
2.
Since we supported the initial (1983) Hong Kong legislation authorising the detention of boat people, I do not think we can now reasonably oppose further steps designed to protect the existing practice from legal challenge. The consequences of a successful legal challenge could be very serious for Hong Kong.
3. The Minister of State's decision that we should take more time to assess the problem has produced a welcome clarification of the issues and the useful proposal that we should ask Hong Kong to establish as soon as possible an independent body to review transfers in disciplinary cases. In addition, I would see merit in repeating to Hong Kong the view expressed by the Attorney General in 1983 that the Hong Kong Government should keep the legislation under review with a view to making adjustments to bring it more closely into conformity with the covenant when circumstances permit and to repeal it when it is no longer necessary.
4. With those provisos I support the recommendation, to which I see no realistic alternative.
foln Coles.
JOHN COLES
8 April 1991
Copies to:
PS/Mr Lennox-Boyd
PS/PUS
Sir A Watts
Mr Beamish
Mr Burns o.r
Mr Paul o.r.
Ms Evans, UND
Mr Colvin, SEAD
Ms Barrett, Legal Advisers
Mr Crystal, News Dept
Mr Davies, FED
Special Advisers (2)
Mr Powell, Planners PUSD (CN)
RM3ACN
CONFIDENTIAL
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