CONFIDENTIAL #2

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certain compassionate and other considerations, e.g. presence of a spouse or children in Hong Kong, when the immigrant is over 50, are accepted as grounds for allowing an immigrant to remain (see Annex D for details of present policy). But since early 1979, we have, because of the vast number who qualify to settle here on these grounds, excluded residents of China from these concessions. If we are not to be swamped by number even greater than 150 a day, we must adhere to this policy. But the effect is, for example, that a parent from China visiting his children in Hong Kong would not be allowed to remain whereas a parent from Pakistan will be. This is unfair and would be seen as such, but sheer numbers make any other course impracticable - unless we treated immigrants from all other countries in the same way as those from China. This in turn would attract criticism and would not be defensible on grounds of impracticability. There would be a degree of defence against criticisms at our treatment of immigrants from China in the right of appeal to the Secretary for Security on extra- statutory (normally compassionate) grounds. However, unless he remained highly restrictive in what he allowed, and the Government as a whole stood firm in resisting the strong pressures exerted on him to be more indulgent, then the whole scheme might founder.

Announcement of the New Policy

26.

Similar arrangements to those adopted for CHAMPION are envisaged. These took the form of statements in LegCo, followed by announcements in the media, press conferences, local guidance by District Officers etc., It is proposed that seven days' notice be given. We would say that there- after all those arriving from China with two-way permits would be required to return when those permits expired. This notice period is suggested as a reasonable measure to allow those with all arrangements made, their homes closed down, and perhaps already on their way, to go through with their plans. Provided the Chinese authorities played their part and held the daily figure of those allowed to leave at 150, there would not be the danger of the last minute rush feared for CHAMPION. Nor would there be any need for special registration arrange- ments as were made for CHAMPION : legal immigrants already in Hong Kong are known to Immigration Department.

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The announcement would also say that it was hoped that all visitors would leave by the due date but that, if they failed to do so, they would become liable to arrest and removal. The announcement would continue that, as these persons were visitors and not residents, they would no loner be issued with identity cards and it would become an offence to employ them.

/Finally

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