CO129-604-5 Immigration- control over entry from China 4-3-1948 - 6-1-1949 — Page 30

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remained in force until 1858, and incidentally that letter said only that a prescriptive right had "probably" been created.

It now appears that in fact the Hong Kong Government have, during the past hundred years, enacted emigration and deportation legislation of a normal character and that that legislation does not contain provisions from which can be inferred the existence of a right, whether under treaty or other- wise, entitling the Chinese to more favourable treat- ment than other aliens. Having considered the detailed arguments in the memorandum and the informa- tion therein on emigration and deportation, we agree that a prescriptive right cannot be established.

While the above represents the legal position as we now see it, there are of course also political considerations involved. Should therefore it be contemplated to impose restrictions on the entry of Chinese into Hong Kong, I hope it will be possible to give us timely notice, so that we may consult His Majesty's Embassy at Nanking. A copy of your Legal Advisers' memorandum has already been sent to Lamb on the 16th October.

Yours sincerely,

Auscott

(A.L. Scott)

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