TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 68

CONFIDENTIAL

Timing

9.

The Hong Kong Government envisage that the proposed amendments to the Immigration Ordinance would be discussed

in ExCo on 26 March, published in the Government Gazette on 12 April and approved by LegCo by 24 April. The reasons for

urgency are:

(a) the likelihood of an early legal challenge to Hong Kong's detention policy. The US Lawyers Committee for Human Rights (who are already backing current legal challenges to Hong Kong's screening policy) have publicly announced that they now also propose to challenge their policy of detention through the Hong Kong courts;

(b) the need to enact the new provisions on transfer of detainees between centres before judgement is given on a current judicial review case (due to recommence on 7 April). This is because the new provisions are to have

retrospective effect which, while not affecting the current case, will block any further actions being brought in respect of past transfers.

(c) the need to introduce the amendments before enactment of the Bill of Rights (currently expected on 1 May) in order to take advantage of the "freeze period". Under the Bill of Rights, there will be a "freeze period", exempting specified Ordinances, including the Immigration Ordinance, from challenge under the Bill for one year after enactment. The intention of the freeze period is to give the Hong Kong Government time to review those Ordinances for possible inconsistencies with the ICCPR and to make any amendments necessary to bring them into conformity with it. so that they are not in danger of being struck down by the courts. The Hong Kong Government would like to make use of the "freeze period" to protect the amended Immigration

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CONFIDENTIAL