CONFIDENTIAL
AS HONG KONG BELONGERS (EG WHO WERE BORN HERE OR WHO PREVIOUSLY HAD ''CHINESE RESIDENT'' STATUS) ARE ALLOWED TO REMAIN. SO ARE SOME OTHERS WHERE THERE ARE PARTICULARLY STRONG HUMANITARIAN GROUNDS, OR IF REFUSAL WOULD CAUSE EITHER WIDESPREAD PUBLIC CONCERN OR SERIOUS POLITICAL EMBARRASSMENT. POLITICAL ASYLUM CASES WOULD OF COURSE RECEIVE SPECIAL CONSIDERATION, BUT THERE HAVE BEEN NONE SO FAR. YOU WILL APPRECIATE THAT WE DO NOT WISH TO PUBLICISE OUR CRITERIA SINCE THIS WOULD BE HIGHLY EMBARRASSING BOTH TO THE CHINESE AND OURSELVES. IT WOULD ALSO ENCOURAGE ATTEMPTS TO MANUFACTURE EVIDENCE TO FIT OUR RULES.
(2)(B) AS REGARDS THE DURATION OF INTERROGATION, THE PROCEDURES ENVISAGE AS SHORT AN INTERVAL AS POSSIBLE BETWEEN APPREHENSION AND RETURN. AS A GENERAL RULE ALL ILLEGAL IMMIGRANTS FOR
REPATRIATION ARE RETURNED WITH FORTY-EIGHT HOURS. THE IMMIGRATION
PROCEDURES ARE COMPLETED WITHIN A FEW HOURS IN THE GREAT
MAJORITY OF CASES BECAUSE MOST ILLEGAL IMMIGRANTS ADMIT ILLEGAL ENTRY AND DO NOT CLAIM ANY RIGHT TO ENTER HONG KONG. IT IS WORTH REMEMBERING THAT OUR POLICY OF RETURNING ILLEGALS IS COMMON KNOWLEDGE THROUGHOUT KWANGTUNG SO THAT THOSE CAUGHT KNOW WHAT IS IN
STORE FOR THEM AND ARE NOT SURPRISED AT BEING SENT BACCK.
(3) LEGAL ADVICE IS NOT AVAILABLE TO ILLEGAL IMMIGRANTS: IT
WOULD BE IRRELEVANT TO THEIR SITUATION. NOR ARE THEY SPECIFICALLY
ADVISED OF ANY RIGHT OF APPEAL. HAVING ESTABLISHED THAT AN ILLEGAL IMMIGRANT IS INELIGIBLE TO STAY IN HONG KONG, THE OBJECTIVE IS TO
EFFECT REPATRIATION AS SOON AS POSSIBLE. HOWEVER, THERE HAVE BEEN
CASES WHERE RELATIVES HAVE APPLIED FOR A WRIT OF HABEUS CORPUS.
MY TELNO 119 OF 1 FEBRUARY 1975 REPORTED THE FULL COURT'S DECISION
ON THE FIRST SUCH CASE WHERE IT WAS RULED THAT THE PERSON CONCERNED WAS NOT UNLAWFULLY DETAINED SINCE THE DIRECTOR OF IMMIGRATION
HAD NOT GRANTED PERMISSION TO LAND.
4) WE DO NOT HAVE FULL DETAILS ON WHAT HAPPENS TO REPATRIATED ILLEGAL IMMIGRANTS, HOWEVER, WE TRY TO MONITOR THE SITUATION AS BEST WE CAN AND HAVE A NUMBER OF SOURCES OF INFORMATION INCLUDING THOSE WHO TRY TO ENTER MORE THAN ONCE. SUCH INFORMATION SHOWS THAT THOSE RETURNED DO NOT SUFFER UNDULY HARSH TREATMENT ALTHOUGH PUNISHMENTS DO INCREASE IF SEVERAL ATTEMPTS ARE MADE. SOME RECENT REPORTS HAVE SHOWN THAT THE GENERAL LEVEL OF PUNISHMENT IS BECOMING MORE SEVERE AS PART OF CHINESE ATTEMPTS
-2- CONFIDENTIAL
/TO DETER