For discussion
on 11th January 1977
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XCC(77)3 Copy No ...
of 80
MEMORANDUM FOR EXECUTIVE COUNCIL
POLICY IN CONNECTION WITH ILLEGAL IMMIGRATION FROM COUNTRIES OTHER THAN CHINA
On 28th May 1968 after considering memorandum XCC(68)29 the Council advised and the Governor ordered that the policy in relation to illegal immigrants from countries other than China (including persons from Macao in possession of valid national passports) be as outlined in paragraphs 12-14 of the memorandum which read as follows:
"12 It is considered that the policy in respect of persons coming or remaining here illegally (other than persons from China) should, for the future, be to take all practicable steps in the first place to identify and locate them, and, where there is evidence of an offence, to prosecute them for it. Thereafter a decision should be taken either to return them to their country of domicile, or to give them an entry permit and an identity card and allow them to stay on a proper legal basis. In the latter case it is desirable that there should not be persons in Hong Kong with an identity card but no authority to reside or vice versa. Steps are being taken to ensure close liaison and co-operation between the Director of Immigration and the Commissioner of Registration of Persons so as to achieve this
end.
13 The decision as to whether a person should be removed or permitted to stay calls for the consideration of various factors. The following policy is proposed:
(a)
(b)
(c)
where there are security or criminal objections against a person and his country of domicile is prepared to accept him, his removal should be effected, if necessary by use of the Governor's power to expel.
Where his country of domicile refuses to accept a person back, there is ultimately no alternative but to allow him to stay. However, if such refusals are persistent this should promote a review of the conditions of entry of nationals from the countries concerned.
Where there are:
(i) family or other humanitarian grounds including the
length of undetected stay (the period should be taken into account in each case but not laid down); or
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