Repatriation recommenced on 30th November 1974. Since then a total of 9, 056 illegal immigrants have been returned up to the end of October 1978.
6
Each case involving an illegal immigrant is considered individually. The decision to land a person is taken by a Senior Immigration Officer in the ordinary course (section 11 of the Immigration Ordinance (Chapter 115)). However, in the case of illegal immigrants from China a procedure exists where, in cases of doubt, the Senior Immigration Officer refers the case direct to the Deputy Director of Immigration for a decision.
Liability to Removal
7
Deciding whether an illegal immigrant who has been arrested can be considered to have "reached the urban area" is often straight-forward but from time to time there are cases where this criterion is difficult to apply. For example, an immigrant's destination might be in the New Territories and he may have no intention of continuing to Kowloon or Hong Kong. To avoid damaging publicity, while at the same time satisfying the Chinese authorities that we are acting in good faith and returning most illegal immigrants who are intercepted while entering Hong Kong, primary consideration is given to the circumstances of the arrest rather than its location. Immigrants who are intercepted by the Army or Police before they have established contact with their family or friends and obtained or reached proper accommodation (i.e. before they have "reached base") are normally repatriated unless they fall into one of the categories listed at paragraph 8 below. In view of the number of cases in which relatives join the illegal immigrants in the New Territories to assist in the completion of the illegal entry, the mere fact of having made contact with a relative does not, by itself, mean that the immigrant will be allowed to stay. However, if the immi- grant reaches the family home (whether in the New Territories or in the city area), he will invariably be allowed to stay.
8
There is also an important legal point. The provisions of the Immigration Ordinance under which illegal immigrants are removed, can only be applied when the illegal immigrant has been intercepted, examined by an immigration officer "on his arrival .... in Hong Kong" under section 4(1)(a) and refused permission to land under section 11(1). He is then removed under section 18(1)(a). He cannot be removed under these provisions where the circumstances are such that he is deemed to have reached his destination before he was examined. It is possible to remove an illegal immigrant in the se circumstances under section. 19(b) of the Ordinance with a removal order made by the Governor. However, this would involve delay which would make removal to China impracticable under existing conditions.
SECRET