CONFIDENTIAL

4.

Initial indications from Legal Advisers confirm that China

is in any case on shaky legal ground in expelling Han to Hong Kong. We are letting Hong Kong have their views in an interim

reply over-night.

5. In addition to the legal arguments Hong Kong and Peking might suggest to the Chinese that their actions in expelling Han

to Hong Kong is not conducive to the improved bilateral

atmosphere for which we are jointly working. Nor is it

consistent with their oft repeated demand that HKG should not

permit people to enter Hong Kong who might seek to use it as a

base for subversion of the mainland.

6. We are asking Hong Kong for any more background information

they have on Han, (in particular what is his immigration status

in the US) in case the Chinese refuse our approaches.

We may

then need to consider whether he should return to the US.

Than

J C Morris

handongfan.min.NAT

SLM

CONFIDENTIAL

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