CONFIDENTIAL
050434
MDHIAN 2668 a
(II) DETENTION PENDING REMOVAL WAS UNLAWFUL WHERE REMOVAL COULD NOT BE CARRIED OUT WITHIN (SAY) TWO MONTHS OF STATUS DETERMINATION.
THE IMMEDIATE EFFECT OF (I) WOULD BE THAT SOME 20,000 DETAINEES WOULD NEED TO BE RELEASED (I.E. THE NUMBER HERE NOW WHO ARE UNSCREENED BUT HAVE BEEN HERE MORE THAN 12 MONTHS). THE IMMEDIATE EFFECT OF (II) WOULD BE THAT SOME 15,000 SCREENED OUT WOULD NEED TO BE RELEASED (I.E. THE NUMBER OF SCREENED OUT WHOSE STATUS WAS DECIDED OVER TWO MONTHS AGO). IN OTHER WORDS, POTENTIALLY 35,000 OF OUR 44,000 VIETNAMESE DETAINEES WOULD NEED TO BE RELEASED. THERE WOULD OF COURSE THEN BE THE ISSUE OF DAMAGES TO CONSIDER. SEE (E) BELOW FOR THE IMPLICATIONS OF THIS FOR THOSE DETAINED, FOR HONG KONG, AND FOR THOSE IN VIETNAM.
BRING THE IMMIGRATION ORDINANCE INTO LINE WITH THE ICCPR
(D) WE TAKE THIS TO MEAN:
(I) DETAINING NEW ARRIVALS FOR A MAXIMUM OF 12 MONTHS PENDING SCREENING, OR NOT DETAINING THEM AT ALL.
(II) NOT DETAINING THOSE SCREENED OUT, ON THE BASIS THAT NON- VOLUNTARY RETURN IS NOT FEASIBLE.
EVEN IF WE WERE TO TRY TO ACCELERATE SCREENING TO MEET THE ONE- YEAR DEADLINE FOR ALL CAND ALL THE PRESSURES ON US NOW ARE TO TAKE SCREENING MORE SLOWLY AND MORE CAREFULLY), IT WOULD TAKE TIME TO BUILD UP THE SKILLED MANPOWER (IMMIGRATION OFFICERS AND RSRB OFFICIALS) WE NEED. IT CURRENTLY TAKES ABOUT TWO YEARS TO SCREEN A NEW ARRIVAL, AT A TOTAL ANNUAL COMMITMENT OF OVER 300 STAFF AND ABOUT POUNDS STERLING 5 MILLION. WE HAVE NO MORE AVAILABLE INTERPRETERS IN HONG KONG. THESE WOULD SOMEHOW NEED TO BE RECRUITED OVERSEAS. WE DOUBT IF THE LEGISLATURE WOULD PROVIDE THE ADDITIONAL POUNDS STERLING 5 MILLION NEEDED TO DOUBLE THE SPEED OF SCREENING, UNLESS MANDATORY REPATRIATION HAD ALREADY BEEN INTRODUCED. IN ANY EVENT, WE ALREADY HAVE SOME 20,000 PEOPLE WHO HAVE BEEN DETAINED LONGER THAN ONE YEAR AND WOULD NEED TO BE RELEASED ANYWAY.
(E) THE RELEASE OF SOME 35,000 PEOPLE FROM DETENTION COULD ONLY BE MANAGED IF THE DETENTION CENTRES WERE CONVERTED INTO OPEN CAMPS AND ALL WERE ALLOWED TO SEEK WORK CON 1979 LINES). IN THESE CIRCUMSTANCES, THE FOLLOWING WOULD ENTAIL:
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CONFIDENTIAL
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