}

Mr Rushford

CONFIDENTIAL

112

ILLEGAL IMMIGRANTS INTO HONG KONG

1.

You will remember that you considered the text of the telegram to Hong Kong about the return of 118 illegal immigrants from South Vietnam, in the light of the Amekrane case in Gibraltar. The text of our telegram was modified in order to minimise any possibility of legal liability for damages falling on the Hong Kong Government or United Kingdom.

2.

While I was in Hong Kong last week I discussed the whole subject with the Secretary for Security and with the Attorney-General. They had no knowledge of the details of the Amekrane case and I was not able to enlighten them. I therefore promised to send them a resumé of the legal points involved, including an account of the Treaty or Convention which has given rise to this liability and of any particular pitfalls to be avoided in future cases.

3.

I would be very grateful for your suggestions on the content of such a note.

16 July 1974

сс

Mr Male

Mr Squire

ACSL

A C Stuart

Hong Kong & Indian Ocean

Dept.

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