CO129-535-3 Nguyen ai Quoc- request for extradition to Indo-China by French authorities 29-6-1931 - 26-1-1932 — Page 27

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Mr. Duncan and I attended a meeting at

the Foreign Office this morning. We understood

that the Foreign Office, having been in

communication with the French Government, are

now going to propose to us that Nguyen ai Quoc

should be detained in custody, or at any rate

under surveillance, pending the result of his

appeal. The Foreign Office wish to inform the

French Government that the Hong Kong Government

are unable to give effect to the orders of deportation made against Quoc pending the result of his appeal, but that in the meantime he will

not be allowed to escape from control.

It would appear to be possible under

Section 5 of the Deportation Ordinance 25 of 1917 to keep in custody a man against whom a

deportation order has been issued "until he

leaves the Colony". This would probably be sufficient for the purpose which the Foreign

Office have in mind. The position is that two

orders have been issued against Quoc, one an

ordinary deportation order, and another a

deportation order under Section 6 of the Ordinance

of 1917, under which he would be required to leave

by a steamer going to Indo-China. The Governor

has been informed that this second order must

not in any event be put into operation pending the result of the appeal to the Privy Council, but subject to that appeal it is still in force and has been declared valid by the Hong Kong Courts. It is quite clear that Quoc will resist

deportation under that order; much less will

he insist on its being given effect to.

Legally

therefore it would appear that he can be detained

in