CONFIDENTIAL
PP HONGKONG
GRS 280
CONFIDENTIAL
FM FCO 051710Z JULY 85
TO PRIORITY HONG KONG
TELEGRAM NUMBER 967 OF 5 JULY
INFO PRIORITY PEKING.
30339 1
ник ото+
RECEIVER
GORY
17 JUL 1985
CS% OFFICER
stion iзkon
DA
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€265
(267)
YOUR TELNO 1336 AND PEKING TELNO 1026: HONG KONG AGREEMENT:
RIGHT OF ABODE: DEPORTATION
1. WE HAVE CONSIDERABLE RESERVATIONS ABOUT THE PROPOSAL IN PARA
(OR
2 OF YOUR TUR. (INCIDENTALLY WE ASSUME THAT AT THE END OF THE FIRST SENTENCE OF PARA 2 YOU MEAN ''IN RESPECT OF
CIVIL OFFENCES'', NOT 'CRIMINAL OFFENCES'. ALTHOUGH CLEARLY
DESIGNED TO MINIMISE THE GROUNDS ON WHICH 'CHINESE RESIDENTS'
INDEED 'RESIDENT BRITISH CITIZENS') WOULD BE LIABLE TO DEPORTATION FROM HONG KONG, YOUR PROPOSAL WOULD STILL BE AT VARIANCE WITH THE RIGHT OF ABODE PROVISIONS OF SECTION XIV OF
ANNEX I TO THE JOINT DECLARATION AND WOULD THEREFORE BE OPEN TO
CRITICISM BY THE CHINESE (AND PERHAPS ALSO THE GENERAL PUBLIC).
WE AGREE WITH PEKING (PARAS 2 AND 3 OF THEIR TUR) THAT THE
CHINESE ARE UNLIKELY TO ACCEPT THAT:
A) 'CHINESE RESIDENTS' WOULD COME WITHIN THE CATEGORY OF PERSONS
TO WHOM LU PING REFERRED IN THE AD HOC GROUP (PARA 4 OF TUR):
B) THE 'RIGHT OF ABODE' CONCEPT SHOULD BE APPLIED TO 'CHINESE
RESIDENTS' IN A DIFFERENT WAY FROM ITS APPLICATION TO HONG KONG
BELONGERS OF CHINESE ETHNIC ORIGIN.
(C) SOME 'FOREIGNERS', UNLIKE 'CHINESE NATIONALS' WOULD BE
EXEMPT FROM DEPORTATION.
2. IT ALSO SEEMS TO US THAT YOUR PROPOSALS ARE BASED ON THE
ASSUMPTION THAT ONLY 'CHINESE RESIDENTS' AND NOT 'HONG KONG
BELONGERS' MIGHT ENGAGE IN UNDESIRABLE ACTIVITIES. IT WOULD BE
HELPFUL TO KNOW HOW YOU DEAL NOW AND WOULD PROPOSE TO DEAL IN THE
RUN UP TO 1997 WITH HONG KONG BELONGERS WHO, FOR EXAMPLE, ARE
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CONFIDENTIAL
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