CONFIDENTIAL
B
probably incompatible with HMG's obligations under the ICCPR, in particular Article 9. The main difficulties were deprivation of liberty for indefinite periods without requiring any grounds to be shown and without giving the right to take legal proceedings to test the merits of detention in any individual case. The Attorney General commented that if, for reasons of policy, Ministers chose to allow the legislation, the Hong Kong Government should keep the legislation under review with a view to making adjustments to bring it more closely into conformity with the ICCPR when circumstances permitted and to repeal it when
it was no longer necessary.
5. In 1988 the Hong Kong Government changed their policy by introducing screening procedures to establish refugee status and open camps for refugees awaiting resettlement overseas. This allowed the detention of refugees to be ended. However, the camp population has at no time declined sufficiently to permit a change in the policy of detention on arrival or to allow those awaiting screening and those screened out to be held in open rather than closed camps.
Reasons for the proposed new amendments
6. In recent months, there have been a number of legal challenges to Hong Kong's policy on Vietnamese boat people:
(a) A writ of habeas corpus was awarded to a group of 111 Vietnamese boat people who were detained on arrival, for a period of 18 months, despite having asked for their boat to be repaired so that they could sail on to Japan. The judge concluded that the Immigration Officer had not exercised his discretion properly by considering the need for detention in each individual case and that, in the particular circumstances of this case, 18 months was an unreasonably long period for detention to continue.
MUKAMZ/3
CONFIDENTIAL
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