CONFIDENTIAL

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enter Hong Kong illegally Full information is not available

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about what happens to them once they go back to China. The Chinese maintain that this is an internal matter and the Hong Kong Government have never tried to obtain formal assurances about the treatment meted out to those returned. However, such information as is available (for example, from people caught making a second attempt after already having been repatriated) suggests that those

In addition, returning have not suffered unduly harsh treatment. assurances have been given in confidential exchanges with communist officials, which cannot be mentioned publicly, that the Chinese authorities normally regard escape to Hong Kong as a civil misdem- eanour calling for measures of "social education" and fines rather than more severe punishment (there is, however, evidence that harsher punishment, including in one reported case, execution, is given to people who profit from organizing illegal exit from China).

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Patrolling of both the land and sea frontiers between China and Hong Kong is carried out jointly by the Royal Hong Kong Police

Neither of Force and the British forces stationed in Hong Kong. them, however, have any say in what becomes of anybody they detain while attempting to enter Hong Kong illegally. Such people are handed over to the Hong Kong Immigration authorities who then decide whether to repatriate. Repatriation is not automatic. Each case is considered on its merits and, since November 1974, 60 illegal immigrants from China arrested on entry have been allowed to remain in Hong Kong. In broad terms, illegal immigrants are allowed to remain if there are strong compassionate grounds or if there is good reason to suppose that the immigrant's safety

There are strong argu- would be in jeopardy on return to China. ments against making public either the criteria used or the number allowed to stay. Political motiviation is also a factor that is taken into account, but in fact no illegal immigrant has yet applied for political asylum. In the great majority of cases would-be immigrants are simply attracted by the higher standard of living available in Hong Kong. It is thus incorrect to describe those involved as refugees.

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CONFIDENTIAL

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