012/5
RECEIVED IN REGISTRY 12 MAR 1993
DESK OFFICER INDEX
PA
REGISTRY Action Take
11 March
Mrs Ann Winterton MP
House of Commons
London SW1
Foreign & Commonwealth
Office
30
London SW1A 2AH
From The Minister of State
M4 Bunt
Dew Ann. де
RSA
ра
Thank you for your letter of 5 March enclosing the postscript of a letter from your constituent Mr I Walker on the subject of the return of two boys from Hong Kong to China.
The parents (Mr and Mrs Cheung) came to Hong Kong in 1985 and 1991 respectively on one-way exit permits (the scheme, administered by the Chinese Government, whereby 75 Chinese nationals a day may emigrate to Hong Kong legally) without their sons. They brought their sons in illegally, while leaving their elder daughter in China. The two boys have no legal claim to remain in Hong Kong, and are in the same category as many illegal immigrants who are returned to China every day. Appeals to the independent Immigration Tribunal by the two brothers were considered and turned down. Three petitions to the Governor have also been carefully considered but rejected. The parents' application for legal aid was refused as their case was inadequate. Their appeal to the High Court against this decision by the Director of Legal Aid was also turned down.
The newspaper cutting your constituent enclosed claims that there would be no one to look after the two brothers on their repatriation to China. I understand that this claim is untrue. Their two younger sisters, aged 3 and 1, (the younger of whom has the right to be in Hong Kong having been born there) were, at the time of the petitions, being looked after in China by close relatives. I am also advised that the two brothers can approach their local Police Station in China for registration formalities.
If the parents want these two boys to come to Hong Kong for permanent residence, they should apply to the Chinese authorities for the issue of one-way exit permits. To allow them to stay in Hong Kong in the absence of any exceptionally strong humanitarian grounds would be very unfair to others who are waiting patiently in the queue for one-way permits. Their situation does not come under this strictly exceptional category.
/I