TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 6

we

to detain

consider

all

it essential to maintain our powers

arrivals from Vietnam pending screening,

and, in the case of those screened out, pending

repatriation.

TO surrender this power would reduce the

deterrent effect of Qur policy and would undermine

immigration controls оп persons who have landed in Hong

Kong unlawfully but who in practice cannot be removed

without their own cooperation.

not eligible people

considerable public order

local community.

that

It

The free movement of

for refugee status would create

problems and would alarm the

is necessary to minimize the risk

Vietnamese migrants can successfully challenge their

detention on the basis of the period during which they

It is proposed

this by

have regard to all the

circumstances, including the number of persons being

have

detained. been

directing

the

courts

to

do to

or not

a period

of

detained, when

whether deciding

detention is reasonable. This will prevent a court from

ruling that it need only

consider each

isolation from the practical difficulties.

detention in