!
CONFIDENTIAL
Flag D
B
ཀ
any political, humanitarian and public interest considerations involved, including the possibility of physical danger which illegal immigrants might face if they were returned to China, but that, because of the problems which might be caused to the Hong Kong Government, it is not possible to give details of the
criteria.
5. As far as the interrogation interviews are concerned, these last normally for no more than a few hours and Hong Kong generally returns illegal immigrants within 48 hours. An Immigration Department directive on the procedures to be used was issued in 1974 and there is no reason to believe that these are now" inadequate. On the question of the availability of legal advice
to illegal immigrants Hong Kong maintain that it is not appropriate
since it would tend to lengthen the process which, in the authorities' opinion, is more humane if handled speedily. There have been
cases where a writ of habeas corpus has been applied for but, in the first such instance, the Court ruled that the person concerned had not been unlawfully detained since he had not legally entered Hong Kong. However,
the Minister will recall that he undertood to discuss this point further with the Governor of Hong Kong at their next meeting, and I recommend that the assurance be repeated to Mr Roper and Colonel Montgomery.
6. UN Department will be submitting separately on Colonel Montgomery's complaint about the lack of action on the part of the 'Working Group on Slavery of the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities. In the meantime, I submit draft letters to Mr Roper and Colonel
Montgomery.
•
13 December 1977
Cc:
FED
UND
News Dept
1219/12
&
22/12
Director of Immigration, Hong Kong Hong Kong Government Office
f.B.B. Stent. f.o.ß.
JAB Stewart
Hong Kong & General Dept
CONFIDENTIAL