000316
SECRET
CONFRONTATION PRISONERS/DETAINEES
POSSIBILITY OF DEPORTATION
Background
1.
This paper examines the deportation problem in the
light of the present situation. The discussion takes into
account the recent exchange of telegrams between Hong Kong,
Peking and London and the problems of deportation are viewed
in the light of the views expressed in these telegrams. No
attempt has been made to examine in detail the wider issues
of deportation of all undesirables at present held under
deportation orders.
Aim
2.
To examine in detail the problems involved in the
deportation of a selected number of Chinese to China in the
present situation.
Feasibility
3.
Machinery for Deportation.
The various legal means
of executing deportations are shown at Annex "A".
4.
It will be seen from Annex "A" that the only problem
concerns persons held under warrant issued under Section 5 of
the Deportation of Aliens Ordinance; in that, if deportation
is attempted but unsuccessful the deportee has to be taken
before the Deportation and Detention Advisory Tribunal or
detained under Emergency Principal Regulation 30.
5.
Deductions. Special Branch would prefer to transfer
those held under Deportation Orders to detention under
Emergency Regulations before deportation is attempted. This
method has three advantages:-
(a)
it may be easier to persuade the detainee to return to China if he recognises that he is no longer held on a deportation order;
(b) if the deportation is not successful the ansuing
procedure is simplified.
SECRET
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