CONFIDENTIAL
should there not be an independent body to hear appeals against transfer between centres (Mrs Barrett confirmed that this would correct one area where present practice is in breach of the ICCPR)?
there seems little point in using the "freeze period" of the Bill of Rights merely to delay a challenge to the Immigration Ordinance if nothing is to be resolved in the meantime.
4. The immediate action is a telegram to Hong Kong explaining that Ministers are not prepared to approve these amendments without time for further consideration. The Minister would like to see a paper which examines the various options. These should include doing nothing, bringing the Immigration Ordinance in to line with the ICCPR (and the likely increase in resources that this would entail in order to accelerate screening, open camps, appeal boards etc), and amending the Immigration Ordinance to make the present VBP policy legally water-tight in Hong Kong, at least for a year, regardless of the ICCPR. The paper should include an account of the resources (manpower and cash) presently deployed by the Hong Kong Government in relation to VBPS, the time taken to screen a person and waiting periods, and an assessment of the wider international consequences if HMG or the HKG is found to be in breach of the ICCPR. It should also compare practice in Hong Kong with what happens here.
5.
As regards the hearings before the Human Rights Committee next week the Minister sees no reason why we should not be forthcoming about the difficulties of maintaining control of the VBP problem while respecting obligations under the ICCPR. If necessary we could add that we keep the Immigration Ordinance under review but we should not suggest that changes are imminent. He also believes that we should point out to the Americans the potential difficulty on the human rights front that management of VBPS in Hong Kong causes us. This is another reason for seeking an early and effective way of returning screened out immigrants to Vietnam.
27 March 1991
Pat Till
に
Peter Tibber
PS/Lord Caithness
CONFIDENTIAL
No comments yet.
Private notes are available after approval.