-N.T..
Entry, Departure and Residence of Poreigners in Chinese Territory, promulgated by the Executive Yuan on 3rd April last and declared to come into effect forthwith. As will be seen from the translation enclosed in my despatch No. 195 (6544/690/47) of 14th May under this particular provision the Ministry of the Interior can order a foreigner to leave Chinese territory within a definite time-limit, and if he refuses to obey the order within the limit, such order
may be compulsorily enforced, in any of the following circumstances;
1. Arbitrary entry into Chinese territory without a passport visaed by a Chinese diplomatic mission or consulate abroad or without a passport which has been examined, registered, and endorsed by the Frontier Inspection Post.
2. Sentence
of deportation having been passed by legal process.
3. Being without means of subsistence.
4. Breaking the laws of China or disturbing public order and good customs.
5. Making propaganda against the laws of China.
6. Suspicion of espionage.
It would appear to be a reasonable inference from the Juxtaposition of the above sub-articles that a formal deportation order would only be requted in respect of item 2, whereas in the other cases a document of the nature of a departmental instruction, perhaps over the signature of the local authority delegated to perform these functions, would be sufficient authority.
In this event the analogy of either item 4 or item 5 might appropriately be quoted in the case of subversive or unruly Chinese residents irrespective of political party affiliations.
4. of
At the
same time the fact should not be lost sight that the adoption of such measures may prove to be a boomerang in connection with the presence in Hong Kong of opponents of the Kuomintang such as Marshal Li Chai-sum, about which representations, so far on a personal and unofficial basis, have already been addressed to me as reported in my (2) m 56395/telegram to Hong Kong No. 137 of May 8th, repeated to you as my
(9)
telegram No. 477. In this connection I would also refer to --my telegram No. 569 of June 5th, repeated to Hong Kong as my telegram No. 163. It is to be hoped however that this issue may be averted by discreet conduct on the part of the Marshal
the result of the warning conveyed to him in the terms described in paragraph 4 of Hong Kong telegram to the Colonial Office No. 870 of May 21st.
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5.
no
I am in any case of the opinion that provided we are in a position to prove to the Chinese Government that there is discrimination between members of the Kuomintang, Communist or other Chinese political parties and that any individual, whether political refugee or otherwise, is subject to the same principles of good conduct in the treatment accorded him, we should not be unduly deterred from dealing with undesirable Kuomintang elements by the fear of repercussions in the form of official objections. Unfortunately we cannot altogether eliminate the risk of retaliation through hostile press propaganda which as experience has amply proved in the past is not dependent upon legal or impartial considerations, but the absessment of this would be dependent upon the extent to which the continued activities of the person or persons concerned can be conclusively described as detrimental to law and order the Colonay.
6./
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