Annex:

Recent and Pending Cases

LEUNG Pak-kin

1.

Leung is a South Vietnamese draft-dodger who entered Hong Kong illegally last year. He was subsequently detached

and detained. The Governor wished to return him to South

Vietnam rather than allow him to go to Taiwan, for which he held

a visitor's visa. The Governor feared that, if Leung was allowed to go to Taiwan, it would be both easier for him to

return to Hong Kong and an encouragement to other potential

draft-dodgers from Vietnam to make for Hong Kong.

2.

In January 1974, however, following representations from

Amnesty International, Justice, and Mrs Judith Hart MP, who were

all concerned at the uncertain fate which he would face if

returned to Vietnam, Leung was released on bail. He then

disappeared but the Governor subsequently confirmed, albeit

somewhat reluctantly, that, when he could be traced, he would be deported to Taiwan.

Khon San

3.

Khon San is a Khmer national of Chinese race who entered

Hong Kong illegally from Macao. The Governor wished to deport him to the Khmer Republic and on 8 March sought our agreement

that he should reject Khou San's request to be returned,

instead, to Macao. We asked the Governor to postpone his

decision until we had been able to take the views of Ministers

on the general question of Hong Kong's illegal immigration

policy. The case is still pending.

Ly HAN

4.

Han, a young South Vietnamese of Chinese race, entered Hong Kong illegally in December 1972. He was located in May 1973. On 12 March this year the Governor told us that Han had petitioned against return to Vietnam on the grounds that he is a deserter

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