TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 75

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CONFIDENTIAL

(a) section 13A(1) (detention of refugees) :

this allows us to detain Vietnamese

refugees in refugee centres and is

inconsistent with Article 8 (1) of the

BOR. We propose deleting the part

of section 13A (1) relating to detention,

effectively dismantling the closed camp

(b)

policy in respect of refugees.

Genuine

refugees have not been detained since

June 1988, when we liberalised the

closed camps after introducing

screening -

Reintroducing measures to

detain refugees now would, we believe,

be impracticable;

: those

sections 13A(6) and 13A (6A)

permit us to detain Vietnamese refugee

'troublemakers' in refugee centres or to

vary their conditions of stay. We

propose deleting these provisions for

the reasons in (a) above. Genuine

Note (4) :

Article 8(1) reads: "Everyone lawfully

within Hong Kong shall, within Hong

Kong, have the right to liberty of

movement and freedom to choose his

residence".

CONFIDENTIAL

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(c)