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XCS (74)3 although they might be unwilling to admit this in terms. The Chinese made it clear in discussion that they considered it anomalous that, while we had pressed them to take practical steps to deal with the mutual problem, we had so far not reci- procated. However tendentious this argument might have been, we concluded that, unless we made a move to reduce illegal entry there was no prospect of the Chinese further reducing legal entry though there was no certainty that the Chinese would respond even if we did so.
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In spite of the prospect of adverse local and UK reactions, we considered that Hong Kong's overall advantage lay in working for some sort of tacit or explicit understanding with the Chinese Government covering both legal and illegal migration into Hong Kong; an element of this would have to be a re-introduction of the pre-1967 practice of returning illegals who were caught entering by land or sea or before they had reached the population areas.
Executive Council discussion
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On 6th November 1973 the Executive Council gave its approval in principle to the idea of sending back to China illegal entrants who were apprehended before they entered the urban areas, in accordance with the practice followed before 1967. Since November 1973, the matter has been raised orally on more than one occasion and the advice of the Executive Council has not been varied.
HMG's attitude
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Since the discussion in the Executive Council last November, there have been consultations with the Foreign and Commonwealth Office in London. These have been more thorough and detailed after public criticism in the United Kingdom and Hong Kong of the return of the 118 illegal immigrants to Vietnam. HMG has now accepted the principle of returning to China illegals caught on the land or sea frontiers, provided they are screened to ensure that genuine refugees, or persons likely to suffer heavy penalties, or who are unfit to travel, or who for some special reason are likely to attract particular public sympathy, should not be returned, HMG agreed that demands for the return of named illegal immigrants (who had entered the Colony and were accused of crimes) by use of the Immigration Ordinance should continue to be refused. HMG also agreed that, on a local basis, we should work for an overall understanding with the Chinese about control of legal and illegal entry, which could include
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