A
(89
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MKK 3411
Mr Donald
C
KEŇA *
1921
PLA DESERTER
DESK OFFICE: INDEX
PA
Problem
No
Land Pray Seal
PS/LPS
Fellegra deputatuad
аднос
1.10
2/10
Pero 2/10
a Chinese Army deserter,
1. Whether to send back
whose case is described in Hong Kong Telegram No 881.
3/10
9.
Recommendation
See 191
FED concur.
2. I recommend that we reply as in the attached draft telegram.
Background and Argument
3. We have no record of comparable precedents.
Paragraph 6
of the telegram is correct that we made it a condition in 1974
that illegal immigrants likely to suffer harsh penalties if
returned should be allowed to stay. However this was intended
to apply primarily to illegals genuinely fleeing from political
prosecution, not those who had committed recognised offences.
4.
from
has committed a number of offences under Chinese military
and civil law which are parallelled in this and other countries.
As Hong Kong say, he has chosen to desert and to cross
the border realising that he would be punished if caught.
5. There are strong arguments in favour of returning
the point of view of relations with China.
difficult, if not impossible, to arrange for him to 'escape' or
'disappear' without the Chinese getting to know about our part
in it.
grounds.
6.
It would be very
He does not qualify for defector status on intelligence
if
It is impossible to be sure what would happen to
returned but Hong Kong's assessment of his likely treatment is
probably right. He is unlikely to be sentenced to death.
/Nevertheless
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