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CONFIDENTIAL
KBY 043920Z
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FM HONG KONG 040740Z JAN 79
TO IMMEDIATE F C O
TELEGRAM NUMBER 29 OF 4 JANUARY
Milkbaren (Huso) (wel
م الله الله من النا
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON
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YOUR TELNO 6: HUEY FONG: AMENDMENT TO IMMIGRATION ORDINANCE
1. WE NEED TO BE ABLE TO DETAIN PERSONS FROM VIETNAM UNDER SECTION 32 (1) OF THE ORDINANCE WHO HAVE BEEN IN OUR HANDS ALREADY
FOR NEARLY TWO MONTHS OR WHO MAY ARRIVE IN FUTURE.
2. THE FIRST CATEGORY ARE THOS WHO HAVE ARRIVED IN HONG KONG VIA CHINA (NOW NUMBERING 834) EITHER HAVING SPENT SOME TIME ASHORE, OR HAVING LIVED ON BOATS EN ROUTE FROM VIETNAM. THE FIRST SUCH GROUP WILL HAVE BEEN HERE IN CUSTODY FOR NEARLY TWO MONTHS AWAITING THE RESPONSE OF THE CHINESE AUTHORITIES TO OUR REPRES-
ENTATIONS THAT THEY SHOULD BE RETURNED TO CHINA. UNLESS WE HAVE THE POWERS PROPOSED THE GOVERNOR WOULD HAVE TO ISSUE EACH OF THESE PERSONS WITH A REMOVAL ORDER ON THE 11 JANUARY. SUCH AN
ORDER COULD NOT BE EXECUTED IN THE ABSENCE OF ANY RESPONSE FROM THE CHINESE AUTHORITIES. WE SHOULD AVOID THIS ARRANGEMENT, IF POSSIBLE.
3. THE SECOND CATEGORY OF PERSONS ARE PASSENGERS WHO COME ON SHIPS SUCH AS THE HUEY FONG. ALTHOUGH IN LAW THEY COULD BE RETURNED TO VIETNAM IN PRACTICE THIS CANNOT BE DONE. WE
HAVE NOT RETURNED PERSONS AGAINST THEIR WILL SINCE 1975. AS ONE ELEMENT IN OUR PROPOSED DETERRENT PACKAGE WE SEE ADVANTAGE IN HAVING POWER TO DETAIN SUCH PERSONS FOR LONGER THAN 2 MONTHS, SHOULD WE SO DECIDE.
MACLEHOSE
W21
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