245
CONFIDENTAL
HKLC040/4
RECEIV
- 5 JUL 1985
PA dr
.1
GRS 250
CONFIDENTIAL
FM PEKING 040905Z JUL 85
TO IMMEDIATE FCO
TELEGRAM NUMBER 1026 OF 4 JULY
INFO IMMEDIATE HONG KONG
26°
230
HONG KONG TELNO 1336, AND YOUR TELNO 878 AND PEKING TELNO 968: HONG KONG AGREEMENT: RIGHT OF ABODE: DEPORTATION
1.
IF ARRANGEMENTS ARE TO ENDURE BEYOND 1997 THEY WILL NEED TO
TAKE ACCOUNT OF CHINESE VIEWS. THESE SEEM TO BE THAT:
(A) THE RIGHT OF ABODE IN HONG KONG SHOULD BE ENJOYED BY THOSE
SPECIFIED IN SECTION XIV OF ANNEX SEMICLN
(B) THE CONCEPT OF 22RIGHT OF ABODE'' DOES NOT NEED IN ALL
CIRCUMSTANCES TO INCLUDE NON-DEPORTABILITY'' (PEKING 1984 TELNO
289 TO HONG KONG AMPLIFYING PARAGRAPH 13 OF PEKING 1984 TELNO
1931).
2. ON 1(B) HOWEVER, CHINESE THINKING APPEARS TO BE THAT IT IS **FOREIGNERS'' RATHER THAN 'CHINESE NATIONALS" WITH THE RIGHT OF
ABODE WHO SHOULD IN CERTAIN CIRCUMSTANCES BE SUBJECT TO DEPORTAT-
ION. WHEN LU PING SAID ON 27 AUGUST THAT IF A FOREIGNER WITH THE
RIGHT OF ABODE COMMITED A CRIME IN HONG KONG IT WOULD BE REASONABLE
TO RETURN HIM TO HIS COUNTRY OF ORIGIN, HE ALSO MADE CLEAR THAT IF
A CRIMINAL WAS A ''CHINESE NATIONAL' * IT WAS REASONABLE THAT HE
SHOULD SERVE HIS SENTENCE IN HONG KONG. HE CONCLUDED THAT FREEDOM
FROM DEPORTATION FOR CHINESE NATIONALS' SHOULD BE STATED IN THE
BASIC LAW (PARAGRAPH 13 OF PEKING 1984 TELNO 1931).
3. EVEN IF THE GROUNDS FOR DEPORTABILITY OF CHINESE RESIDENTS'
AND ''RESIDENT BRITISH CITIZENS'' WERE NARROWED TO CASES WHERE
DEPORTATION WAS CONDUCIVE TO THE PUBLIC GOOD, THE CHINESE WOULD
THUS BE LIKELY TO OBJECT TO THE PROPOSAL IN PARAGRAPH 2 OF HONG
KONG TUR ON THE GROUNDS THAT IT:
CONFIDENTIAL
/(A)