TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 32

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

The Bill

CONFIDENTIAL

it would be wrong for us to try

anticipating its final decision.

meantime, and in the light of the

In the

sub-committee's recommendation, we do

not propose amending the provisions in

Part IVA although a minority on the

sub-committee considered them

incompatible with the BOR; and

(b) section 13D of the Ordinance: These

provisions relate to Vietnamese detained

pending screening and

S

if refused

permission to remain

removal. We

believe that these provisions are

consistent with the 80R but it may be

possible to make a case to the

contrary. If a court found that large

numbers of Vietnamese were detained

unlawfully, we would have to release

them, presumably by turning some of the

detention centres into open centres.

8.

Apart from the provisions discussed in paragraphs 6 and 7, the parts of the Ordinance which may conflict with the BOR and are not covered by its

exceptions are

CONFIDENTIAL

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