GPS 800
SYPHER/CAT A
IMMEDIATE
FM HONG KONG 0303277
CONFIDENTIAL
CONFIDENTIAL
DESKBY 030928Z
TO IMMEDIATE F.C.O TELNO.557 OF
HKK 341//
RECEIVED IN REGISTRY NO. 51 3 - MAY 1978
DESK OFFICER
INDEX
MO
MAY 78
PA
Action
INFO PRIORITY HONG KONG GOVT OFFICE LONDON (FOR BRAY).
31
YOUR TELNO.334 : P.Q FROM ROBERT PARRY M.P.
1. QUESTION A: WE SUGGEST YOU REPLY:
33
QUOTE NONE OF THE PROVISIONS OF THE RACE RELATIONS ACT (1976) IS IN FORCE IN HONG KONG, AS THE TERMS OF THE ACT DO NOT PROVIDE FOR ITS APPLICATION TO HONG KONG UNQUOTE.
AS BACKGROUND, ARTICLE XXVI(9) OF THE ROYAL INSTRUCTIONS PROHIBITS THE GOVERNOR FROM ASSENTING TO ANY BILL WHEREBY PERSONS NOT OF EUROPEAN BIRTH OR DESCENT MAY BE SUBJECTED OR MADE LIABLE TO ANY DISABILITIES OR RESTRICTIONS TO WHICH PERSONS OF EUROPEAN BIRTH OR DESCENT ARE NOT ALSO SUBJECTED OR MADE LIABLE, EXCEPT WITH THE PRIOR APPROVAL OF THE SECRETARY OF STATE OR IN CERTAIN EMERGENCY
SITUATIONS.
2. QUESTION B : WE SUGGEST YOU REPLY:
QUOTE ILLEGAL IMMIGRANTS FROM CHINA ARE REMOVED FROM HONG KONG UNDER SECTION 18(1)(A) OF THE IMMIGRATION ORDINANCE (CAP.115). THEY HAVE A RIGHT OF APPEAL TO THE GOVERNOR. THIS PROCEDURE DOES NOT INVOLVE ANY COURT PROCEEDINGS. THEY MAY HAVE ACCESS TO LEGAL COUNSEL THROUGH ANY RELATIVES OR FRIENDS WHOM THEY MAY HAVE IN HONG KONG, BUT LEGAL AID IS NOT AVAILABLE UNQUOTE.
AS BACKGROUND, YOU WILL WISH TO NOTE THAT THE AVAILABILITY OF A RIGHT OF APPEAL BY ILLEGAL IMMIGRANTS UNDER SECTION 53 OF THE IMMIGRATION ORDINANCE IS NOT GENERALLY PUBLICISED IN HONG KONG, NOR DO WE ADVISE ILLEGAL IMMIGRANTS ARRESTED OF THIS RIGHT. ΤΟ DO SO WOULD DELAY REPATRIATION WHICH IS UNDESIRABLE. EVEN SO APPEALS ARE RECEIVED AND ARE CONSIDERED ON THEIR MERITS. THE PROVISION OF LEGAL ASSISTANCE FOR ILLEGAL IMMIGRANTS WAS CONSIDERED WHEN IT WAS RAISED BY THE ANTI-SLAVERY SOCIETY AND
THE DIFFICULTIES INVOLVED WERE REPORTED TO YOU IN DAVIES' LETTER TO STEWART OF 10 FEBRUARY 78(YOU REF.HKK 341/331/1).
CONFIDENTIAL
13. QUESTIONei