TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 24

MR GAMINARA

Reference

HKK 18/10.

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attached

постре

Sitta.

HONG KONG IMMIGRATION LAW.

I have discussed this with Mr. Rushford.

2. As we see it the question, whether it is right for the Hong Kong immigration laws to discriminate between differ- ent classes of citizens of the United Kingdom and Colonies is one of policy and no relevant legal considerations

occur to us.

3. If you are going to acquiesce in the line at present taken by Hong Kong, you may at the same time wish to remind them of the point in paragraph 5 of Mr. Rushford's minute of 4 October.

4. Another point on which a reminder may be appropriate has occurred to us, namely that under treaty HMG may be obliged to accord to nationals of certain states treatment equal to United Kingdom nationals (see, eg, Article 1 of the Treaty of Friendship, Commerce and Reciprocal Establish- ment between the United Kingdom and Switzerland of 1855). 5. HMG may also be obliged to accord no less favourable treatment to nationals of certain states as is accorded to other most-favoured nations. (For example, Article 3(1) of the Treaty of Commerce, Establishment and Navigation between the United Kingdom and Japan of 1962.). This particular Treaty does not, I understand, extend to Hong Kong but there may be others that do, although we have not been able to trace any.

6.

Whatever the Treaty position (of which Hong Kong is presumably aware in so much as Hong Kong itself is affected) we do not suggest any change in the law but merely that Hong Kong should administer the law in such a way as not to contravene any relevant Treaties.

28 Clas

30 November 1971

DR GILMOUR

ASSISTANT LEGAL ADVISER

DD 737719 557664 500M 2/71 GM 3643/2