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5.
XCS(74)3
(i) the special case of political refugees
who seek asylum; and
(ii) those who can establish a right to land
e.g. those born in Hong Kong.
Thus, it would be feasible to reject (i.e. refuse permission to land to) Chinese illegal immigrants who might have offended Chinese law in the course of their escape to Hong Kong. On the other hand, we would continue to have difficulty if we are asked formally for the return of people whom the Chinese had accused of committing crimes in China, and who had already passed the point of entry. The law prescribes strict legal procedures which must be followed before
a person wanted for a crime committed in China can be extradited to China from Hong Kong.
(b) Hardship or compassionate cases
Although the Chinese have been warned that
there may be cases of genuine hardship, or times when the publicity given to a case would prevent us from sending an illegal back, it will be important that exceptions on these compassionate grounds should be infrequent, ur the Chinese will question our bona fides,
Chinese attitude
14
In general, the Chinese welcome our willingness to take some action, albeit incomplete, to try to solve a long- standing and difficult problem for both sides; but they have ex- pressed some dissatisfaction with what they describe as the "Hong Kong reservations". In particular, they are concerned at our refusal to return alleged criminals for whom they ask, unless they are caught in the act of illegal entry and before they have made contact with the population. This is the category in which they are most interested, though they are also suspicious that the effectiveness of the measures we offer will be diluted by excessive sensitivity to public criticism.
Objectives
15
The reduction and control of both legal and illegal immigration into Hong Kong from China is crucial. It cannot be achieved without the co-operation of the Chinese authorities.
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