CONFIDENTIAL
050413 MDHIAN 0597
ETHNIC MINORITIES.
5. THE GOVERNOR AGREED TO HAVE THIS INVESTIGATED, BUT DID NOT RAISE ANY HOPES. WE WILL REVERT ON THIS ISSUE WITH FURTHER THOUGHTS.
6. AS REGARDS (C), MEMBERS AGREED THAT A PHASED PROGRAMME WAS NECESSARY, BUT DISAGREED THAT IT REQUIRED LEGAL BITE. AFTER DETOURS INTO WHY WE HAD NOT INFORMED AND CONSULTED THEM EARLIER, AND WHETHER HOLDING A PASSPORT MEANT PHYSICALLY HOLDING THE PASSPORT, MEMBERS AGAIN PROPOSED THAT WE TRY THE PHASED PROGRAMME FIRST, WITHOUT CUT OFF DATES. WE EXPLAINED THAT WE SIMPLY DIDN'T HAVE ENOUGH TIME TO RISK A FAILURE. WE WOULD THEN HAVE TO IMPOSE CUT OFF DATES, WITH SHORTER PERIODS FOR PEOPLE TO APPLY. THIS WOULD BE IRRESPONSIBLE.
7. THE GOVERNOR REFERRED TO MEMBERS CONCERNS ABOUT WHAT WOULD CONSTITUTE QUOTE SPECIAL CIRCUMSTANCES UNQUOTE AND WHETHER THE DIRECTOR OF IMMIGRATION WOULD INTERPRET THIS SYMPATHETICALLY. HE SAID THAT HE WOULD CONSIDER ESTABLISHING AN APPEAL PANEL, WHICH WOULD HAVE A MAJORITY OF LEGCO MEMBERS, TO ADVISE HIM ON LATE APPLICATIONS WHICH THE DIRECTOR OF IMMIGRATION HAD REFUSED TO ACCEPT. HE SAID THAT THIS WAS INTENDED TO REASSURE MEMBERS. HE SAID THAT HE HOPED THAT MEMBERS WOULD ACT RESPONSIBLY AND NOT USE THE PANEL TO ENCOURAGE THE PUBLIC TO IGNORE THE DEADLINES. MEMBERS WERE SUSPICIOUS BUT AGREED TO CONSIDER THIS PROPOSAL.
8. WE HAD INFORMED THE CHAIRMAN OF THE NATIONALITY SUB-COMMITTEE OF YOUR LEGISLATIVE TIMETABLE CYRTELNO 433 REFERS). A COPY OF OUR LETTER FOLLOWS BY FAX. MEMBERS ARE STILL UNDECIDED ABOUT WHEN THEY WILL GO TO LONDON. WE WILL KEEP IN TOUCH WITH THEM AND LET YOU KNOW AS SOON AS THEY DECIDE THEIR WAY FORWARD (PROBABLY AT THE MEETING THEY HAVE NOW CALLED FOR MAY 17). WE CAN THEN REACH A VIEW ON WHEN A REPLY SHOULD BE GIVEN TO THE SUB-COMMITTEE ON ETHNIC MINORITIES.
PATTEN
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