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Reference. TIKK 34|||
•HRK
2 CFR 1978
Mr Waty's (Legal Advisers)
HONG KONG: ILLEGAL IMMIGRATION
No ot
І.
1. HKD have asked for my comments on their submission and draft reply (attached) to the United Nations Association (UNA).
2. I have told HKD on the telephone that I am not happy with the first sentence of para 3 of the proposed draft reply and have suggested that instead we say something to the effect that we are studying whether the 1951 Convention can be extended to cover Hong Kong.
3. I believe Hong Kong were consulted before the UK ratified the 1951 Convention, and refused to become a party to it. HKD believes the reasons which led Hong Kong to refuse will still be valid today. I am sure they are right. I also feel sure that Hong Kong deal responsibly with illegal immigrants. Nevertheless it surely cannot be true to say that "no useful purpose would be served by extending the Convention to Hong Kong".
4. If all that is said in the submission is true, then I do not think that being a party to the 1951 Convention would be a problem for Hong Kong (or for the UK in its relations with China) since most of those who cross the border would not be considered refugees under the terms of the Convention.
5.
Do you think there would be merit in taking up this matter with the Hong Kong authorities? Alternatively, can you suggest
reply to UNA which would
a compromise phrase for the draft satisfy HKD and UND?
Quans
P Morgan
United Nations Department K149 233 5841
14 February 1978
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