TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 24

CONFIDENTIAL

(a) that detention pending screening is unlawful where it exceeds a certain period of time (unless justified by individual circumstances);

(b) that detention pending removal is unlawful where removal can not be carried out within a certain period after status determination (again unless justified by individual

circumstances).

3.

Findings such as these in the courts could have wide-reaching consequences. If, for the purposes of illustration, a court were to rule that the detention of a

person pending screening for over 12 months had been excessively long, this would have implications for some 20,000 other detainees who have also been in Hong Kong more than 12 months and have not yet been screened. Although

Hong Kong could argue that the individual circumstances of some justified continued detention, the majority would probably need to be released with bail arrangements pending screening. Assuming, again for the purposes of illustration, that a court were to rule that detention of a

person for over 2 months pending removal had been excessively long, this would have implications for some

15,000 detainees who were screened out two months or more

ago. The majority of these would probably need to be released pending repatriation.

4.

The release of a total of some 35,000 people from

detention would involve converting detention centres into open camps and allowing VBPS to seek work. Hong Kong Government indicate the following likely consequences:

(a) few of those released would come forward for

screening and even fewer for voluntary or mandatory

repatriation;

RIDAJO/2

CONFIDENTIAL