GRS 430

CONFIDENTIAL

CONFIDENTIAL

28

FM HONG KONG 250800Z JAN 80

TO IMMEDIATE F C O

AKK 341/1 RACEIVED IN REGISTRY NO. 51 28 JAN1980

See

29

31

TELEGRAM NUMBER 151 OF 25 JANUARY

DESK OFFICER

REGISTRY

W.P. FILE

INFO IMMEDIATE PEKING ROUTINE HONEDEONG GOVERNMENT OFFICE LONDON

MY TELNO 136: RETURN OF AN ILLEGAL IMMIGRANT.

1.

AW 41

AND SEVERAL OF HIS ASSOCIATES WERE DETAINED YESTERDAY AFTERNOON. PRELIMINARY INVESTIGATION SHOWED THAT THERE WAS LIKELY

TO BE A STRONG CASE FOR RETURNING

LIKE AN

2. POLITICAL ADVISER THIS MORNING SPOKE TO THE NCNA. HE EXPLAINED THAT IT WAS NOT POSSIBLE TO DEAL WITH ORDINARY ILLEGAL IMMIGRANT ARRESTED ON ARRIVAL. HAD THE NCNA BEEN ABLE TO TELL US EARLIER IT MIGHT HAVE BEEN POSSIBLE TO DO THIS. AS IT WAS,

HAD REGISTERED FOR AN IDENTITY CARD AND HAD BEEN LANDED'' IN HONG KONG. HE EXPLAINED THAT IT WAS ALSO NOT POSSIBLE IN THIS CASE TO USE THE CHINESE EXTRADITION ORDINANCE

SINCE THE OFFENCES

WAS SAID TO HAVE COMMITTED WERE NOT

COVERED BY IT.

3. POLITICAL ADVISER THEN WENT ON TO SAY THAT BOTH SIDES HAD AN INTEREST IN STAMPING OUT ILLEGAL IMMIGRATION TO HONG KONG.

WE HAD DETAINED

AND A NUMBER OF HIS ASSOCIATES IN ORDER TO ESTABLISH WHETHER HE HAD BEEN ORGANISING SUBSTANTIAL NUMBERS OF PEOPLE TO COME HERE ILLEGALLY. IF THIS COULD BE ESTABLISHED TO OUR SATISFACTION, IT WOULD BE POSSIBLE FOR THE GOVERNOR TO SIGN A REMOVAL ORDER ON THE GROUNDS THAT

WAS AN UNDESIRABLE

IMMIGRANT''. THERE WERE, HOWEVER, THREE POSSIBLE DIFFICULTIES: THE FIRST WAS THAT WE MIGHT NOT BE ABLE TO FIND SUFFICIENT

EVIDENCE TO ESTABLISH THAT

ACTIONS HAD BEEN DAMAGING TO

HONG KONG AND THAT HE WAS AN UNDESIRABLE IMMIGRANT': THE SECOND WAS A POSSIBLE WRIT OF HABEAS CORPUS: AND THE THIRD WAS THE FOSSIBILITY OF AN APPEAL AGAINST THE REMOVAL ORDER,

IF MADE.

CONFIDENTIAL

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