54064/48
The Church House,
Great Smith Street, London, 9.W.1.
12th October, 1948.
33
Flease refer to correspondence about the alleged right of Chinese to enter or settle in Hong Kong, which at present rests with Mayle's letter to you of the 5th November, 1947. I enclose a copy of a letter (with enclosures except Annex C) dated the 4th March, 1948, from MacDougall commenting on your letter of the 23rd October, 1947, a copy of which, as mentioned by Mayle, was sent out to MacDougall.
I also enolose two copies of a Memorandum by our Legal Advisers on the subject. In the last paragraph of the Memorandum proper at page 7 it is suggested that you should be asked to amplify your previous statement about the prescriptive right of Chinese to enter or settle in Hong Kong, and also to say whether, in view of the immigration and de- portation legislation referred to in the Memorandum (which was not previously brought to your notice), you would now agree that the Chinese have probably acquired no prescriptive right to enter or settle in Hong Kong. Perhaps you could let me have your further views on these points of prescription. We are anxious to reach finality on this issue as soon as possible, as Commmist progress in China may well be bringing the day much nearer when Hong Kong may be faced with an invasion of refugees, including various 'undesirables', and the Hong Kong Goverment is anxious to have its legal position on the question discussed in the Memorandum clearly defined in advance and as early as possible. We should, therefore, be grateful for your comments at an early date.
A.L. SCOTT, ESQ.
/ I am