TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 93

CONFIDENTIAL

015426 MDHOAN 410

CASES THERE SHOULD BE SOME INDEPENDENT REVIEW OF THE GROUNDS FOR MAKING THE TRANSFER.

5.

AS REGARDS THE AMENDMENT DESIGNED TO PREVENT REVIEW OF ALL ASPECTS OF THE RSRB'S DECISION-MAKING PROCESS, MR ALLCOCK'S COMMENT THAT JUDICIAL REVIEW MIGHT STILL BE POSSIBLE IS NOTED. OUR LEGAL ADVISERS ALSO WONDER WHETHER JUDICIAL REVIEW CAN BE

SUCCESSFULLY BE PRECLUDED ALTOGETHER. BUT TO THE EXTENT THAT YOUR ATTEMPT IS SUCCESSFUL, IT INCREASES THE RISK THAT A GENUINE REFUGEE MAY BE RETURNED TO VIETNAM AS A RESULT OF A MISTAKE BY THE BOARD, THUS INCREASING THE RISK OF HMG BEING IN BREACH OF

ARTICLE 7 ICCPR.

IF, HOWEVER, YOU WERE PREPARED TO MAKE THE ONE WORD CHANGE REQUESTED IN PARA 3 ABOVE, WHICH OUR LEGAL ADVISERS REGARD AS THE MOST IMPORTANT POINT, WE WOULD AT LEAST BE ABLE TO PRESENT YOUR OVERALL PACKAGE OF AMENDMENTS TO MINISTERS AS A BALANCED

MIXTURE OF POSITIVES AND NEGATIVES. THIS WOULD BE MUCH BETTER THAN WHAT IS PRESENTLY ON THE TABLE, WHICH OUR LEGAL ADVISERS CONSIDER TO HAVE AN OVERALL NEGATIVE EFFECT IN TERMS OF THE ICCPR.

7. GRATEFUL FOR A REPLY 25093OZ.

HURD

YYYY

ΜΑΙΝ

128

DISTRIBUTION

135

.VIETNAMESE BOAT PEOPLE IN HK

LIMITED

SEAD

EAPD/ODA

ECD (E)

HD/ECFAD/ODA

FED

FINANCE D

HKD

IEAD/ODA

INFO D

LEGAL ADVISERS NAD

PAGE

UND

PS

PS/MRS CHALKER

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD PS/PUS

MR LANKESTER

SIR J COLES

MR AINSCOW

MR SLATER

MR BLATHERWICK

MR BURNS

MR FAINT

2

CONFIDENTIAL