CONFIDENTIAL
BY BAG
行政司
Hick
香港下亞厘畢道 RECEIVED
RESTRY NO. 51
1 2 MAY 1980
*** OUR REF : SCR 15/4831/73
DESK OFFICER INDEX
PA
來涵檔號 YOUR REF:
閹
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
SOA
RJT McLaren Esq
Bukin
FED CO
بشام
Q=15
REGISTRY
Action Taken
127
28 April 1980
Tu me 2's.
Mr w yo
or
8125
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CHINESE REQUESTS FOR THE RETURN OF ILLEGAL IMMIGRANTS
We have had another case of the Chinese asking
for the return of named illegal immigrants. Last month NCNA spoke to Iain Orr about 3 illegal immigrants who stowed away on the through train, were discovered by a guard, and injured him with a knife in the process of escaping. The incident took place on 19 December. Although the Chinese reported the incident to our Police that day and produced the knife, they did not at the time name the assailants. The guard sustained only superficial injuries.
2.
When the NCNA spoke to Iain Orr they produced names and addresses. We checked our records and discovered that 3 illegal immigrants with the names and addresses given by the NCNA had indeed entered Hong Kong in December and registered. They all claimed to have arrived a few days before the train incident and to have come by land.
3.
.:
We have considered carefully how to deal with the Chinese request. It is clear that, although the alleged incident There took place on the through train, it happened in Hong Kong. can be no question therefore of extradition for a crime committed in China. To return them because of an alleged offence committed here would require a distortion of the regulations for political
It would reasons and an erosion of the reached base principle. lay us open to further requests for returns which would become harder to resist. Since those returned would probably be put on public trial, it would also seem like a tacit acceptance of Chinese jurisdiction over offences in Hong Kong. For all these reasons we decided not to accede to the Chinese request.
4.
When speaking to the NCNA I told them that we deplored any attempt by illegal immigrants to use violence and were particularly anxious that such a tendency should not develop on the through train. We would therefore like to see those alleged to have committed this offence brought to trial. This required the co-operation of the Chinese. We would need a written statement from the injured guard (preferably taken down by a Hong Kong Police officer), identification of those alleged to
CONFIDENTIAL
/have