No. 8/0 G63 (10/1079/40)
RESTRICTED
BRITISH EMBASSY
NANAING
15
11th November, 1948.
17
My dear Coates,
we have no very constructive contributions to make by way of comment upon the memorandum enclosed, primarily for our information, in your letter of 16th cctober (P.14333/154/10).
2.
As regards the legal argument I have, needless to say, no intention of attempting to butt in as ar active contender. It seems to me, however, that the Colonial office lawyers Lave made out a pretty stout case for the demolition of the Poreign office point regarding a potential prescriptive right of free entry. And in any case the practice of travel without travel documents is now universally archale - and as a matter of logic and equity why should Ch nese bound for Hong Kong alone enjoy this exceptional immunity (all the more so as British subjecte even travelling between two places in Chine, however adjacent are row ae a rule required to get all sorts of in and out permits).
3. The issue that Chinese have in fact no right to enter Mong Kong ad lib seeme to me therefore to have been adequately established in principle. At the game time this conclusion would seem a bit academic as it is difficult to invisage what onchinery could be put into operation to exercise effective passport or immigration control from the China minianu across the land frontier or by junk. Furthermore as a matter of political expediency would it be in fact wise to issue Euch provocative restrictiore? Personally I very much doubt whether the enforcement of any such check would be either prudent or feasible. At the same time it would be a useful card to heve up one's sleove to keep out Kuomintang refugees (rich or poor, politicians or peasants) fleeing from the Communists, and in the next stage the Communiets themselves, to wave all ready drawn up regulations enforceable at will insisting upon passports or other form of acceptable travel documents. It might now be a somewhat opportune moment to take this challenging step of declaring, if not necessarily enforcing forthwith, this intention to regulate more strictly travellers from China of whatever nationality (ergo including Chinese) and to demand at te uiscretion of the Government of the Colony the production of sports or similar documente of identity, with or without visas as required. The Chinese Government might be too occupied with their own home troubles to make their usual howl about such a measure or pronouncement. And even if they ão, we could most appropriately reply that this is mainly intended to combat smuggling and to revent Communist infiltration, the consummation of both of which objectives is surely equally desirable to the Central Goverment (and an essential safeguard, if and when the communists should gain control overthe country).
2.D. coatee, Esq.,
China Department,
FOREIGN OFFICE, ... 1.
Yours ever,
(L.l. Lamb)
FAS