4.
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To counter possible charges of draconian measures, we have incorporated certain safeguards to ensure that there are no removals likely to attract serious criticism. We have done this in two ways. Providing the legislation is enacted, there will be two statutory grounds on which a person served with a Removal Order can appeal, namely, that he has a right to land in Hong Kong or that he has permission to remain in Hong Kong (Section 8 of the new Bill). Appeals on these grounds will be heard by adjudicators who will be appointed by the Governor and who we intend will be "unofficials" (somewhat similar to the adjudicators in the UK immigration appeals procedure).
5.
Secondly, the Director of Immigration will, as a matter of Government policy (as distinct from statute), continue to observe the principles established at the request of the FCO in 1974 when we started returning illegal immigrants caught on arrival. These were that no-one would be returned if there were very strong humanitarian reasons or there was the likelihood of widespread public sympathy; if he was a political refugee; or if had committed an offence under Chinese law rendering him liable to excessively harsh punishment. If removal has been ordered by the Director of Immigration and an appeal is made on any of these grounds, it will be decided by the Secretary for Security, who will of course bear the policy very much in mind.
6.
Admittedly these safeguards are not as far reaching as those applied to immigration procedure in the UK but had we tried to match those the proposals would have become unworkable. We believe however that they strike a fair balance between the demands of humanity and justice and the pressure to halt massive illegal immigration.
7.
If the Executive Council and UK Ministers accept the proposals as now presented, we will then take the remaining steps to complete our plans so as to be ready to move at ten days notice. Thereafter we wait and watch the situation closely. At some stage (yet to be decided) the further contacts with the Chinese authorities referred to in the recent telegrams could be made in Peking, London and here. Should the situation allow, we would then hold fire for a while to see what effect, if any, the representations have. If however it became apparent at any time before this period was up that the illegal immigration problem was reaching crisis proportions we would then have to go back to Executive Council, and through you to Ministers to seek authority to implement the plan on a stated date.
8.
I am not sure whether Alan Donald has yet taken over and I am therefore addressing this letter to you.
c.c.
Mr. P. Cradock, CMG, Peking.
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(L.M. Davies)
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