CO129-604-6 Immigration- control over entry from China 1-1-1947 - 4-1-1950 — Page 10

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At (12) on 54064/1, the Governor said that in view of the comparatively peaceful "take-over" of the advancing Communist Forces in China, he did not anticipate any large influx of Chinese refugees. He also expressed the view that the closing of the land and sea frontiers of the Colony would almost certainly lead to strong reactions by the Chinese authorities and might result in corresponding restrictions on the part of the Chinese Communist, thus making the return of refugees to China and repatriation of Chinese from Malaya more difficult.

2. He now says in (2), that there is a possibility that when the Nationalist blockade is lifted and shipping services are restored, economic difficulties in North and Central China may lead to large numbers of Chinese flocking to the Colony and that the fall of Canton may also lead to an influx from Kwartung. He therefore now considers that control of Chinese immigration is necessary and proposes the imposition of restrictions in three stages culminating in full control of all travellers.

3. The present legal position is that the relevant provisions of the Immigrants Control Ordinance of 1949 do not apply to persons of Chinese race and nationality entering from China or Macao, (vide (21)). Withdrawal of exemption by stages as proposed in paragraph 2(a),(b) and (c) of (22) could be achieved quite simply by amendment of the Immigrants Control Regulations. It is likely however that the imposition of immigration control will evoke some protest from the Chinese Government who may claim that Chinese have a right to enter Hong Kong without restirction. This question was carefully considered by the Foreign Office, the Hong Kong Government and ourselves last year and it was agreed that though the Chinese have in practice traditionally enjoyed freedom of entry into Hong Kong, no claim to a treaty or prescriptive right of entry could be established, (vidē (1) (4) and (10) on 1948 file).

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4. In addition to the official exemption from irmigration control of Chinese persons, it is however clear from the paper at (20) that in practice no control is at present exercised over any class of person arriving by train from Canton, on foot across the border or by junks and other small craft. paper emphasises the importance to Hong Kong's trade and economy of freedom of movement to and from China and the probable high cost and small effectiveness of immigration control if it were seriously attempted. The first of the stages of control now proposed (paragraph 2(a) of 22) will not however be difficult to apply, at least so far as Hong Kong is concerned, although there is no doubt that a considerable practical effort will be necessary effectively to apply stages (b) and (c).

5. I discussed (22) with the Foreign Office and pending receipt of comments from Nanking, the

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