Mr Donald

HKK 3uill

341

RECEIVEO MASSANTAY NO. 51

09 JUN 1980

SECRET DESK OFFICEK

INDEX

PA

REPISTRY

Action Taken

2%

HROD Telt ismed 6777746

P/S Mr. Blaker

104)

Ло

89.6

Aw 1014

ILLEGAL IMMIGRATION INIC HONG KONG FROM CHINA

Problem

1.

T01A

B

(99

861

D(92

E

(93

105

85A

A

To reply to the letter from the Secretary for Security, Hong

Kong, dated 30 May, about Hong Kong's contingency plans on illegal

immigration from China. The Governor has asked (Hong Kong telegram

No 702) that we reply before EXCO meets on 10 June.

Recommendation,

2. I recommend that we agree the draft legislative proposals

and submit a draft telegram. Legal Advisers concur.

Background and Argument

3.

I summarised the Governor's proposals in paragraph 3 of

my submission of 14 May. These were endorsed by the Secretary

of State on Mr Blaker's recommendation (Mr Munro's minute of

22 May). The Governor was so informed in our telegram No 415, with

the proviso that we would want to examine the draft legislation.

4. The Legal Advisers and I are satisfied that there is no

reason to object to the proposals. They are on the same lines

as the summary in the earlier Executive Council Paper attached

to my submission of 14 May. The legislation is carefully drafted.

Although, as Mr Davies says in his letter, it is robust, it is

also scrupulously fair. The appeals procedure, now fleshed out

since the earlier paper, is of interest.

is similar to the system used in the UK.

As Mr Davies notes, it

The Home Office have

told us that a team from the Hong Kong Immigration Department

visited them a few weeks ago to study their methods.

SECRET

/5.

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