TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 55

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MDHOAN 0795 ¿

PERIOD TO DELAY A CHALLENGE TO THE IMMIGRATION ORDINANCE IF

NOTHING IS RESOLVED IN THE MEANTIME. WHEN THE FREEZE PERIOD ENDS, WE COULD BE FACED NOT ONLY WITH CHALLENGES TO THE EXERCISE OF DISCRETION BUT ALSO CHALLENGES TO THE LAW ITSELF.

THE

3. AS A WAY FORWARD, MINISTERS HAVE ASKED TO SEE A PAPER WHICH EXAMINES THE VARIOUS OPTIONS. WE SHALL NEED INFORMATION AND ASSISTANCE FROM HKG IF WE ARE TO DRAFT THIS PERSUASIVELY. PAPER SHOULD CONCENTRATE ON THREE OPTIONS:

(A) DOING NOTHING. WE SHALL NEED TO EXPLAIN WHY THE

RISK OF A SUCCESSFUL CHALLENGE TO THE CENTRAL POLICY OF

DETENTION IN CLOSED CAMPS IS MORE LIKELY THAN IN THE PAST

AND SPELL OUT (IN MORE DETAIL THAN HITHERTO) THE SPECIFIC RISKS OF FURTHER CHALLENGES AND THEIR LIKELY OR POSSIBLE CONSEQUENCES. WE SHOULD BE GRATEFUL FOR A CONTRIBUTION FROM YOU ON THIS

ASPECT.

(B) BRINGING THE IMMIGRATION ORDINANCE INTO LINE WITH THE ICCPR. WE SHALL NEED TO POINT OUT THE INCREASE IN RESOURCES THAT THIS WOULD ENTAIL (TO ACCELERATE SCREENING, BUILD OPEN CAMPS,

INSTITUTE APPEAL BOARDS ETC) AND THE PULL EFFECT WHICH

SUCH A POLICY WOULD BE LIKELY TO HAVE ON FUTURE POTENTIAL VIETNAMESE MIGRANTS. IT WOULD BE HELPFUL IF YOU COULD PROVIDE SOME MATERIAL TO INDICATE THE WIDE AND DRASTIC CONSEQUENCES OF

THIS OPTION.

(C) TO AMEND THE IMMIGRATION ORDINANCE TO MAKE THE CURRENT

POLICY LEGALLY WATERTIGHT IN HONG KONG. IT MAY BE THAT YOU

CONSIDER THAT THE PROPOSED AMENDMENTS AS THEY NOW STAND DO THIS AS WELL AS IS POSSIBLE (A FULLY WATERTIGHT LEGAL FRAMEWORK MAY BE UNATTAINABLE). IN PREPARATION FOR THIS SECTION OF THE PAPER, MS BARRETT, LEGAL ADVISERS, WOULD LIKE TO TELEPHONE LEEKS AND WINGFIELD, THE DEPUTY CROWN SOLICITOR, WHO, WE UNDERSTAND, ARE FULLY FAMILIAR WITH THE DRAFTING HISTORY. SHE PROPOSES TO DO SO AT 0900 LONDON TIME (0800 GMT) ON 3 APRIL. IN THE LIGHT OF THAT CONVERSATION WE MAY NEED TO COMMISSION FURTHER MATERIAL FROM

HKG.

4"

MINISTERS WOULD ALSO LIKE MORE INFORMATION ON THE RESOURCES (MANPOWER AND CASH) CURRENTLY DEPLOYED ON THE VBP PROBLEM, THE TIME TAKEN ACTUALLY TO SCREEN A PERSON AND THE WAITING TIME. COULD SCREENING BE SPEEDED UP BY ALLOCATION OF MORE RESOURCES OR WOULD GREATER SPEED MEAN A LESS THOROUGH JOB.

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