TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 95

CONFIDENTIAL

31

013477

MDHIAN 9198

CONFIDENTIAL

FM HONG KONG

TO DESKBY 2213OOZ F C O TELNO 902

OF 22104OZ MARCH 91

YOUR TELNO 539:

ORDINANCE

30

HKC241/4

77 M

27 Jan 1998 q pa. BOR/UBP

CS,

VIETNAMESE MIGRANTS: AMENDMENTS TO IMMIGRATION

IT APPEARS THAT YOUR LEGAL ADVISERS MAY HAVE MISUNDERSTOOD

CERTAIN ELEMENTS OF THE PROPOSED LEGISLATION. ADDITIONALLY, WEbelow.

HAVE OURSELVES SUBSEQUENTLY MADE CHANGES TO THE DRAFT

LEGISLATION. FOR CLARITY WE ARE FAXING TO PAUL HKD COPIES OF THE LATEST DRAFT OF THE AMENDMENT BILL AND THE PROPOSED EXECUTIVE

COUNCIL MEMORANDUM.

2"

(A)

(B)

(C)

3.

THE PRINCIPAL CHANGES ARE:

IN SECTION 13D(1), DELETION OF ''IN THE OPINION OF AN IMMIGRATION OFFICER'': SUBSTITUTION OF ''MAY UNDER THE AUTHORITY OF THE DIRECTOR'' FOR ''SHALL'*

*

ADDITION OF NEW SECTION 13D(7), PROVIDING FOR THE ADMISSIBILITY AND PROOF OF THE SIGNING OF A CERTIFICATE UNDER SECTION 13D(6):

AND

ADDITION OF AN EXPLANATORY MEMORANDUM.

THE EXPLANATORY MEMORANDUM GIVES A CLEAR AND CONCISE ACCOUNT OF WHAT THE AMENDMENTS ARE, AND THE EXCO MEMO SUMMARISES WHAT THEY ARE DESIGNED TO ACHIEVE IN LAW. WE BELIEVE THAT THE POINT OF CONCERN TO YOUR LEGAL ADVISERS REFERRED TO IN PARAGRAPH 3 OF TUR IS MET BY THE CHANGES WE HAVE SINCE MADE TO OUR PROPOSED BILL.

4.

AS TO YOUR LEGAL ADVISERS' CONCERNS IN PARA 4 OF TUR, THE POSITION IS AS FOLLOWS. OUR OBJECTIVE IS THAT UNDER THE DRAFT BILL SECTION 13D (1) WILL CONTINUE TO PROVIDE THE DIRECTOR OF IMMIGRATION WITH THE POWER TO DETAIN ALL FORMER RESIDENTS IN VIETNAM WHO ARRIVE IN HONG KONG WITHOUT TRAVEL DOCUMENTS. ONCE THEY HAVE BEEN SO DETAINED, SECTION 1A SPECIFIES THAT THIS DETENTION WILL CONTINUE PENDING A DECISION BY THE DIRECTOR EITHER TO ALLOW THEM TO REMAIN IN HONG KONG, OR TO REMOVE THEM TO VIETNAM IF HE DECIDES NOT TO ALLOW THEM TO REMAIN. SECTION 1B

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CONFIDENTIAL