CONFIDENTIAL
05043
MDHIAN 668 3
ADVISED BY OUTSIDE CONCERN GROUPS) ARE NOT SLOW TO TAKE UP WHATEVER LEGAL MACHINERY IS OPEN TO THEM, OFTEN WITH LITTLE IDEA OF WHAT CAN REASONABLY BE HOPED FOR BY DOING SO. TO PROVIDE AN APPEALS MECHANISM FOR THESE ROUTINE TRANSFERS WOULD TURN THE ALREADY DIFFICULT PROCESS OF LARGE-SCALE CAMP TRANSFERS INTO AN ADMINISTRATIVE NIGHTMARE.
(C) THE FREEZE PERIOD UNDER THE BOR IS IMPORTANT. THE 16 YEAR HISTORY OF THIS INTRACTABLE PROBLEM SHOWS THAT A LOT CAN HAPPEN IN 12 MONTHS, FOR BETTER OR WORSE. AFTER ALL, ALTHOUGH OPTIMISTIC, IT IS NOT BEYOND THE REALMS OF PROBABILITY THAT WE WILL HAVE A PROPER MANDATORY RETURN SCHEME IN PLACE WITHIN THAT TIME. IF WE DO, FOR THE REASONS OUTLINED BELOW THE LEGAL ASPECTS OF THE PROBLEM, LIKE SO MANY OTHER ASPECTS, BECOME FAR EASIER FOR US TO MANAGE.
3. IT IS ALSO WORTH RECALLING THE ESSENCE OF THE FIVE KEY POINTS
IN OUR NEW BILL:
(A) A PROVISION IN THE CASE OF DETENTION PENDING SCREENING TO REQUIRE A COURT TO HAVE REGARD TO THE NUMBER OF PEOPLE TO BE SCREENED AND THE RESOURCES AVAILABLE FOR THAT PURPOSE.
(B) A PROVISION IN THE CASE OF DETENTION PENDING REMOVAL TO REQUIRE A COURT TO HAVE REGARD TO THE AVAILABILITY OF REPATRIATION BY MANDATORY OR VOLUNTARY MEANS.
(C) A PROVISION TO ENSURE THAT ANY VIETNAMESE PERSON WHO ARRIVES IN HONG KONG WITHOUT A VISA AND THEREFORE REQUIRES PERMISSION TO REMAIN CANNOT EVADE DETENTION BY REFUSING TO CO-OPERATE WITH IMMIGRATION EXAMINATION REQUIREMENTS (I.E. CLOSING A LOOPHOLE CREATED BY THE BOAT 101 PROBLEM).
(D) A PROVISION PUTTING BEYOND DOUBT OUR POWER TO TRANSFER PEOPLE BETWEEN CENTRES, AND IN THE CASE OF THOSE TRANSFERRED FOR REASONS OF ORDER ETC. PROVIDING FOR APPEALS.
(E) A PROVISION MAKING CLEAR THAT NOT JUST THE RSRB'S DECISION ON AN APPELLANT'S STATUS, BUT ALSO ITS DECISIONS ON HOW TO HANDLE THE CASE, ARE NOT IN THEMSELVES JUDICIALLY REVIEWABLE.
4. EACH OF THESE PROVISIONS IS, WE BELIEVE, IMPLICIT IN THE PRESENT LEGISLATION. BUT MAKING THEM EXPLICIT STRENGTHENS OUR HAND (IN THE CASE OF (E) ONLY MARGINALLY, SINCE THE RSRB
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