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THIS PROCEDURE) SINCE THE ALLEGED OFFENCES ARE NOT COVERED BY THE LIST OF EXTRADITABLE CRIMES IN THE FIRST SCHEDULE. HOWEVER I HAVE THE POWER, UNDER SECTION 19 (1)(C) OF THE IMMIGRATION ORDINANCE, TO APPROVE A REMOVAL ORDER ON THE GROUNDS THAT THE PERSON CONCERNED IS AN UNDESIRABLE IMMIGRANT WHO HAS BEEN ORDINARILY RESIDENT IN HONG KONG FOR LESS THAN 3 YEARS''.
5. THE INFORMATION PROVIDED BY THE NCNA HAS ENABLED US TO LOCATE
AND A NUMBER OF RELATIVES WHO ARRIVED WITH HIM. HOWEVER, NO OVERT ACTION HAS YET BEEN TAKEN TO DETAIN HIM.
IS NOT
6. I BELIEVE IT IS STRONGLY IN OUR INTERESTS TO FIND AN ACCEPTABLE WAY OF MEETING THE CHINESE REQUEST. IF RETURNED THE CHINESE WILL BELIEVE THAT WE HAVE SET TECHNICAL LEGAL CONSIDERATIONS (WHICH THEY PROBABLY DO NOT FULLY UNDERSTAND) ABOVE THEIR OWN PRESSING NEED TO DRIVE HOME LOCALLY THE MESSAGE THAT ORGANIZING ILLEGAL EMIGRATION IS A CRIME AND THAT EVERY EFFORT WILL BE MADE TO BRING OFFENDERS TO BOOK THROUGH THE
LEGAL SYSTEM.
7. THE PROBLEM IN USING AN ADMINISTRATIVE PROCEDURE FOR RETURN IS THE PRECEDENT WHICH THIS WILL SET IN CHINESE EYES. TO A CONSIDERABLE EXTENT THESE DIFFICULTIES COULD BE MINIMISED BY EMPHASISING TO THE CHINESE THAT ANY REQUEST BASED ON AN ALLEGED OFFENCE WHICH IS LISTED IN THE CHINESE EXTRADITION ORDINANCE, COULD NOT BE MET THROUGH ADMINISTRATIVE PROCEDURES. THIS COVERS VIRTUALLY ALL CASES IN WHICH VERY SEVERE PENALTIES MIGHT BE FACED BY A PERSON CONVICTED BY A CHINESE COURT, E.G. MURDER OR ATTEMPTED MURDER, MANSLAUGHTER, MALICIOUS WOUNDING, KIDNAPPING, ARSON, FORGERY, THEFT - FROM AMONGST THE MAJOR CRIMES LISTED IN THE FIRST SCHEDULE. WE WOULD, HOWEVER, HAVE TO LIVE WITH THE DISTINCT POSSIBILITY THAT THE CHINESE WOULD NOT FULLY ACCEPT THE FORCE OF THIS DISTINCTION AND MIGHT IN FUTURE PRESS STRONGLY FOR RETURN THROUGH ADMINISTRATIVE PROCEDURES OF SOMEONE WANTED FOR
AN EXTRADITABLE OFFENCE.
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8. A FURTHER