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6. IN AGREEING IN 1974 TO OUR POLICY OF RETURNING ILLEGAL IMMIGRANTS TO CHINA, YOU MADE IT A CONDITION THAT PERSONS LIKELY TO SUFFER HARSH PENALTIES IF RETURNED SHOULD BE ALLOWED TO STAY. IT IS A MATTER OF JUDGEMENT WHETHER WOULD SUFFER SUCH A PENALTY AND THE CONTEXT IS RELEVANT. OUR VIEW IS THAT ON BALANCE THE PENALTY WOULD NOT IN THE CIRCUMSTANCES BE HARSH IN RELATION TO THE OFFENCE.
7. WE HAVE CONSIDERED SEEKING ASSURANCES FROM THE CHINESE AS TO
TREATMENT IF RETURNED BUT CONCLUDE THAT OUR POSITION WOULD BECOME EVEN MORE DIFFICULT IF THEY DECLINED TO GIVE ANY ASSURANCE. AND THAT WE WOULD IN ANY EVENT BE ONLY DRAWING
CASE TO
THEIR ATTENTION. WE HAVE MANY TIMES IN THE PAST MADE THE POINT THE THE POLICY OF RETURNING ILLEGALS WOULD BE JEOPARDISED IF PUNISHMENT BY THEM WERE TOO SEVERE.
8. ALTHOUGH THE BALANCE IS A FINE ONE WE CONSIDER IN ALL THE CIRCUMSTANCES THAT HE SHOULD BE SENT BACK AS SOON AS POSSIBLE. ANY DELAY WILL STRENGTHEN THE BELIEF OF THE CHINESE THAT HE HAS BEEN REVEALING MILITARY INFORMATION TO US. IF HE CAN GO BACK ON 2 OCTOBER HIS CHANCES MAY BE A LITTLE BETTER ALTHOUGH WE HAVE TO ASSUME THAT HE WILL BE DETECTED AND INTERROGATED AND REVEAL WHAT HAS HAPPENED. PLEASE TELEGRAPH CONFIRM AGREEMENT TODAY.
MACLEHOSE
LIMITED HK&GD
FED
PS/LPS
PS/PUS
MR DOANLD MR URE
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