5.
FEAF
2
The
and then be repatriated to China. children are CUKCS and could return to Hong Kong. It is up to the parents whether to leave the child in Hong Kong to be raised by the father or by any other member of his family or else for the child to return to China with the mother. (So far there has been no case in which a difference of opinion has arisen between the father and mother whether the child should remain in Hong Kong or go back to China with the mother. If such a dispute did arise it would be up to the Courts to decide in the case of a legitimate child who should have custody. In the case of an illegitimate child the mother has all the parental rights (unless a Court orders to the contrary)).
The attached schedule gives details of each case which has so far come to notice and been the subject of an appeal. It shows that generally either:
a)
b)
the husband has been here for a relatively short time, but has been married in China for a relatively long time, or
the husband has been here for a relatively long time but the length of marriage in China has been very short.
It also shows in one case the wife has left children behind in China when coming to Hong Kong illegally.
6.
So far the Secretary for Security has decided that no case has justified him allowing the petition.
7.
There have recently been Press reports and radio and TV programmes on this category of immigrant. We can expect continuing interest in, and sympathy for, this category of person from the expatriate section of the community. However a substantial section of the Chinese community would be opposed to allowing these women to obtain an unfair advantage over the thousands of wives and children in China who are awaiting their turn to obtain Chinese exit permits.
8.
There appear to be only two options open to the Administration as follows:
1)
To continue the present policy of repatriation despite the pressures and unfavourable publicity on the grounds that -
a) the women coming to Hong Kong know
that under current policy they would
/be repatriated
CONFIDENTIAL ##