TNAG-0446-FCO40-511-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1975 — Page 43

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Mr Male

PS Lord Goronwy-Roberts

ILLEGAL IMMIGRANTS FROM CHINA INTO HONG KONG

1.

Ministers should be aware that final agreement has been reached between the Political Adviser in Hong Kong and the Chinese provincial authorities in Kwangtung (Canton) province for the return of illegal immigrants caught entering Hong Kong from China by land or sea. Hong Kong telegram number 1140 of 14 November reports this agreement. The starting date for the return of illegal immigrants is 30 November. It is possible that there will be some public criticism of our change of policy both in Britain and Hong Kong.

Our defence against this is best set out in the memorandum which the Governor put before the Executive Council on 10 September.

2. Lord Goronwy-Roberts agreed on 1 May that the Hong Kong Government could begin returning illegal immigrants to China on the basis set out in Mr Evans' submission of 30 April. Sub- sequently Lord Goronwy-Roberts confirmed in his meeting with the Governor on 25 July that he was content for the discussions with the Chinese on the return of illegal immigrants to go ahead. On 10 September the Hong Kong Executive Council agreed in principle to the return of illegal immigrants but final agreement with the Chinese was made conditional on renewed Ministerial approval following the General Election. Lord Goronwy-Roberts gave this. on 19 October.

3. The Chinese characteristically wished to record the oral agreement in written terms. Our side insisted on a deliberate- ly vague form of words to allow us flexibility in determining who should be returned from Hong Kong to China. However, the Governor has pointed out that as a result there is some danger of mis-interpretation of the agreement by the Chinese Govern- ment. The crucial words in the agreement are:

"the British authorities in Hong Kong in principle

CONFIDENTIAL

/will