TNAG-0028-FCO40-64-Relations-with-China-1968 — Page 223

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CONFRONTATION PRISONERS/DETAINEES

POSSIBILITY OF DEPORTATION

Background

1.

This paper examines the deportation problem in the

light of the present situation. The discussion takes into

account the recent exchange of telegrams between Hong Kong,

Peking and London and the problems of deportation are viewed

in the light of the views expressed in these telegrams. No

attempt has been made to examine in detail the wider issues

of deportation of all undesirables at present held under

deportation orders.

Aim

2.

To examine in detail the problems involved in the

deportation of a selected number of Chinese to China in the

present situation.

Feasibility

3.

Machinery for Deportation.

The various legal means

of executing deportations are shown at Annex "A".

4.

It will be seen from Annex "A" that the only problem

concerns persons held under warrant issued under Section 5 of

the Deportation of Aliens Ordinance; in that, if deportation

is attempted but unsuccessful the deportee has to be taken

before the Deportation and Detention Advisory Tribunal or

detained under Emergency Principal Regulation 30.

5.

Deductions. Special Branch would prefer to transfer

those held under Deportation Orders to detention under

Emergency Regulations before deportation is attempted. This

method has three advantages:-

(a)

it may be easier to persuade the detainee to return to China if he recognises that he is no longer held on a deportation order;

(b) if the deportation is not successful the ansuing

procedure is simplified.

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