CO129-604-5 Immigration- control over entry from China 4-3-1948 - 6-1-1949 — Page 74

2

74

Annex B.

J

Reasons (at page 154 of the 1940 Volume of the Hong Kong Hansard) refer to Ordinance No. 16 of 18440 This Ordinance was repealed by Ordinance 18 of 1844. Both Ordinances indirectly modified right of entry, since they contained provision that there should be general registration of all male inhabitants of 21 and upwards, and gave power to the Registrar General to prohibit any person from residing in the Colony who appeared to be a vagabond or a bad character or to be without visible means of subsistence. Neither of these Ordinances make any exception in favour of Chinese or any other race or nationality.

5.

A further Ordinance restricting entry of Chinese was Ordinance 3 of 1895, the Chinese Immigration Ordinance, 1895. This was a short Ordinance of five sections which empowered the Governor- in-Council by proclamation to prohibit immigration of Chinese into the Colony, if satisfied that bubonic plague etc., is prevalent and there is danger of introduction into the Colony unless measures are taken to prevent the influx of Chinese. The proclamation could prohibit immigration or importation ....... of Chinese from port or place. This Ordinance was repealed by the Law Revision Ordinance, 1930. (No. 25 of 1930).

6.

The Immigration Control Ordinance of 1940 is still on the statute book. This Ordinance replaced the Immigration and Passport Ordinance, 1934, which specifically excluded Chinese who were British or Chinese Nationals and had no other nationality. The Chinese Government in 1935 recognized the need for some reciprocity by agreeing to exclude bona fide British residents of Hong Kong travelling to Canton from the necessity of obtaining visas. I enclose in that connexion copies of a letter and two enclosures (Annex B) dated 10th December, 1947, from H. M. Consul-General, Canton. The 1940 Ordinance makes no exception in favour of Chinese but its application to Chinese has tacitly been suspended since the reoccupation of Hong Kong.

7.

We should naturally be reluctant to reintroduce restrictions on free movement of Chinese into and out of the Colony. Apart from the political undesirability of such a move in connexion with our relations with China, the economic life of Hong Kong is so closely linked with that of Kwangtung that anything tending to restrict or sever these natural links is to be deplored as tending adversely to affect the Colony which depends so much on its position as a free port. Further the geography of Hong Kong with its long coastline and innumerable bays is such that effective control is difficult if not impracticable. It is possible, however, to envisage circumstances in which some measure of control would be essential. Factors are:

(a)

(b)

overcrowding and the resultant difficulty in feeding the population, especially if China imposes restrictions on export of foodstuffs (as in the case at present);

criminal problem. Many of the newer arrivals are bad hats driven here by adverse economic conditions in China. Beggars come here for better pickings and hawkers swarm in by thousands, creating problems for the preservation of law and order;