CO129-604-5 Immigration- control over entry from China 4-3-1948 - 6-1-1949 — Page 44

#1

44

!

-2-

easy for white Russians to obtain Chinese Nationality, and it may be easy for certain ex-enemy national to obtain Chinese Nationality now. It seems highly undesirable that we should be pledged to permit Chinese Nationals of alien race to enter the Colony. While we are ready to admit the possibility of continuing to allow freedom of entry to Chinese if circumstances permit, we cannot afford to concede an absolute right of entry. It would not be entirely beneficial to China that we should do so, for this might lead to the Colony becoming the rescrt of deserters from the Chinese Army and of those evading conscription. With our hands tied by any such provisions as that proposed we should meet with extreme difficulties if we desired to return such persons to China.

If it is impossible to omit this clause

and it is considered essential to tender some alternative which will seem to make some concession and to take parsons of Chinese race outside the general provisions of the article, I tentatively suggest the following:-

"(5) relief from full compliance with the immigration laws or Hong Kong shall in the future, as in the pust be accorded to nationals of the Republic of China who are of Chinese race and possess no other nationality to the extent that this is, in the view of the long Long Government, compatible with con- siderations of Military Defence and with the pressure of population and the problems which result from an excess of population.'

5.

#

article 5 (b) This repeats the definition of "public order" which appears in Article 5 (2) of the British Draft on which my predecessor commented in Para- graphs 4 and 5 of his despatch No.72, of 22nd August, 1948, and in his Savingram No.3, of 16th January 19.7 (copies of which I enclose for facility of reference, since they were not copied to you at the time.)

6.

Article 8 (1) There should be a qualifica- tion after "children" in the first sentence:-

"subject to the laws and regulations of the Terri-

tory concerned"

The Siamese now have their problem in connection with Chinese schools and there is already evidence of subversive propaganda in Chinese schools in Hong Kong.

7.

In the second sentence of the same clause the words "other instructions" appear to leave a consider- able loophole for politics and teachings of a nationalistio nature. According to the last sentence of this clause it would appear that only religious and educational activities are subject to the applicable laws, and there is no control over the "other instruction" whatever it may be. The wording of any such clause should be tightened up so as to Jover nationalistic political teaching.