CONFIDENTIAL ##

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An Me Qu barthy Spark

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P

Mr. William Wegal minors.

Smely we she

зимат

Immigration Ordinance

(Chapter 115)

For discussion

on 1st December 1981

XCC(81)128

Copy No

128

35 of 80

MEMORANDUM FOR EXECUTIVE COUNCIL 341

DAY NO. 1 51

have been consulted before. Pl. oph

Pr.oph $23/12

IMMIGRATION (AMENDMENT) (NO 4) BILL 1981

RY

Α

Annexed for Members' consideration is the Immigration

(Amendment) (No 4) Bill 1981. (Annex A).

Acrion Taken

CSE

No

11/13 PCM0 14/1

Introduction

The occasion for this proposed amending legislation is the arrival in Hong Kong of large numbers of children who have immigrated illegally from China and are now seeking to settle in Hong Kong permanently. The primary purpose of the Bill is to provide powers to repatriate them. Additional objectives are the removal of any possible doubt as to an Immigration Officer's right to remove persons arrested on, or shortly after, illegal arrival and the facilitating of the prosecution of those who harbour illegal immigrants.

Background

2

Since the ending of the "reached base" policy in October 1980, a steady trickle of children under 12 has been brought into Immigration Depart- ment by parents or other adults in order to have the children's presence in Hong Kong regularised. It has been claimed in many cases that the children were in Hong Kong before the change of policy. Even though there have been doubts about this, the Director of Immigration has allowed virtually all the children to remain on humanitarian grounds, since they were relatively few in number, averaging about 30 a month. Most of the parents had earlier immigrated illegally and "reached base", leaving their children behind in

China.

in Deep bay

to the west.

Nî.

3

In October 1981, possibly as a result of a press article drawing attention to this practice and forecasting counter-measures by the Chinese authorities, the number of children brought in suddenly increased over twenty-fold: the October total reached 662. For the first twenty-three days of November the figure is 567. Enquiries by Police and Immigration Department suggest that nearly three-quarters of the children entered by boat via Lau Fau Shan and most of the others by land through Sha Tau Kok. There is evidence of organised syndicate operations, with sums of between $5,000 - $10,000 being charged per child. Ten cases of aiding and abetting are being prepared by the Police for prosecution.

G.S. 166

CONFIDENTIAL &

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