Flag
CONFIDENTIAL
6
to reconsider his refusal to allow Leung to go to Taiwan. This
would be in line with deportation procedure in this country where,
although a deportee is normally sent to the country of which he is.
a national, if he can show an adjudicator that he is acceptable to
any other country, he will normally be allowed to go there. The
recent cases of the Chilean students and of a Pakistani girl who
has just won an appeal to be allowed to return to the Irish Republic
rather than to Pakistan, are examples of this policy.
4.
The Governor has now told us that Leung was released on bail
pending enquiries into the Amnesty allegations and has disappeared.
He has, however, confirmed that when Leung can be traced he will be
deported to Taiwan.
5.
I have written to Amnesty to inform them of this decision,
which they should welcome. Mr Blaker will also wish to know of it,
in case Mrs Hart mentions it. He might also wish to write to her.
I submit a draft letter for this purpose.
6.
The Governor's decision disposes of this particular case.
But he evidently does not yet accept the general principle that in
deportation cases, as distinct from extradition, the wishes of the
individual deportee are normally relevant. Nor do we know anything
about what has been happening up to now. It is difficult to believe
that this is the first case where a deportee has protested. Now
that Amnesty has had a success, we may be sure that it will not be
the last. It would be better to sort this out with Hong Kong at
leisure and in advance. I shall be writing to the Colonial Secretary
accordingly.
15 January 1974
сс
Sir D Watson
CONFIDENTIAL
Des
A C Stuart
Hong Kong & Indian Ocean Department