TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 54

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CONFIDENTIAL

FM FCO

TO DESKBY 03010OZ HONG KONG

TELNO 626

OF 0214OOZ APRIL 91

INFO IMMEDIATE UKMIS NEW YORK

42

042014 MDHOAN 0795

PERSONAL FROM GOVERNOR FROM COX, HKD

NEW YORK FOR HONG KONG DELEGATION TO HUMAN RIGHTS COMMITTEE

(40)

MY TELNO 596 AND YOUR TELNO 996: VIETNAMESE MIGRANTS:

IMMIGRATION ORDINANCE

1. WE HAD A USEFUL DISCUSSION OF THE PROPOSED AMENDMENTS TO THE IMMIGRATION ORDINANCE WITH THE HONG KONG DELEGATION TO THE HUMAN RIGHTS COMMITTEE HEARING IN NEW YORK. UNFORTUNATELY, NONE OF THE DELEGATION WAS SUFFICIENTLY FAMILIAR WITH THE THINKING BEHIND THE DRAFTING OF THE AMENDMENTS TO ENABLE US FULLY TO ADDRESS MINISTERS' CONCERNS. WE SHOULD THEREFORE BE GRATEFUL FOR YOUR VIEWS ON THE POINTS IN PARAGRAPH 3 BELOW AS SOON AS

POSSIBLE.

2. IN ESSENCE, MINISTERS ARE NOT PREPARED TO APPROVE THE

PROPOSED AMENDMENTS WITHOUT TIME FOR FURTHER CONSIDERATION ABOUT THE WIDER IMPLICATIONS AND ANY POSSIBLE ALTERNATIVE WAYS OF

PROCEEDING. MINISTERS WELL UNDERSTAND THE EXTENT AND

SERIOUSNESS OF THE PROBLEMS YOU FACE. THEIR FUNDAMENTAL CONCERN

IS THAT THE PROPOSED AMENDMENTS DO NOT SEEM TO PROVIDE A FULL

SOLUTION AND MAY GIVE US THE WORST OF BOTH WORLDS. AS AN EXAMPLE, NEW SECTION 13D(1B) MAY ENCOURAGE THE COURTS TO COMMENT UNFAVOURABLY ON THE ADEQUACY OF THE RESOURCES YOU PUT INTO

SCREENING RATHER THAN REDUCE THE LIKELIHOOD OF A SUCCESSFUL

CHALLENGE TO A DETENTION. AT THE SAME TIME, THE PROPOSED AMENDMENTS WILL ATTRACT CRITICISM AND FOCUS ATTENTION ON AREAS

WHERE WE ARE ALREADY VULNERABLE (SINCE 1983 THE UK

ATTORNEY-GENERAL HAS CONSIDERED THAT SOME PROVISIONS OF THE

EXISTING IMMIGRATION ORDINANCE CANNOT BE RECONCILED WITH OUR

OBLIGATIONS UNDER THE ICCPR). MINISTERS ALSO BELIEVE THAT, ΤΟ THE EXTENT THAT WE MUST CONTINUE TO RISK A BREACH OF THE ICCPR, WE SHOULD WHEREVER POSSIBLE MITIGATE THIS, EG SHOULD WE CONSIDER AN INDEPENDENT BODY TO HEAR APPEALS AGAINST TRANSFER? FINALLY, MINISTERS SEE LITTLE POINT IN USING THE BILL OF RIGHTS FREEZE

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