TNAG-0027-FCO40-63-Relations-with-China-1968 — Page 16

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IMMEDIATE HONG KONG TO COMMONWEALTH OFFICE (D.T.D.)

Telegram No. 1924

29 December, 1967

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Addressed to Commonwealth Office telegram No. 1924 of 29 December,

Repeated for information to Peking.

Peking telegram No. 196: Grey.

The case of Yu Wong-Kwai is relevant. In the border negotiations we said that we would release him on the understanding that he did not return to British territory on pain of immediate arrest (our telegram No. 1699 to Commonwealth Office). On the other hand, our local publicity (our telegram No. 1766 to Commonwealth Office) referred to his having

There were some grumbles in the Communist Press about the use of the word 'deportation', but the point was not pursued.

212 HAY been deported.

2. We should have no objection to the use to the Chinese of the phrase 'release to China' in connection with Hsueh Ping, provided that it were made clear that if he were subsequently to return to British territory we should regard ourselves as free to re- arrest him. In practice, it would certainly be necessary to make a deportation order against him in order to have powers to deal with him if he were ever to try to come back. How far it would be possi- ble to avoid reference to 'deportation' in local publicity about the case must at this stage be uncertain. We should certainly lay ourselves open to justified public criticism here if it were thought that we were releasing convicted criminals uncondit- ionally. But it might be possible to make the situation clear to the public if we used the formula 'released to China on pain of immediate re-arrest in the event of his return to Hong Kong' We shall consider the point further.

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3. In general the nub of the matter is whether the Chinese themselves want these people back. If they do, they are not likely to indefinitely prolong arguments about the formula, provided that we do not expect them formally to accept the term 'deportation'.

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140 The two