TNAG-0495-FCO40-560-Deportation-of-foreign-nationals-from-Hong-Kong-1974 — Page 142

CONFIDENTIAL

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itself becomes intolerable, we should not contemplate

the return of innocent illegals in isolation.

6.

This would in turn weaken the grounds for

returning illegal immigrants to other third countries

against their will. This does not of course apply to

cases where the third country can show that the person

concerned is wanted for an offence. In such cases,

as with China, extradition criteria would apply. But

in other cases, at least where they could show that

they were at risk in the country of nationality and

were acceptable somewhere else, we would normally

expect them to be allowed to go there (see m.i.f.t.

not to Peking).

7.

From all this we conclude that, unless the

exploratory meeting at Shum Chun shows that the Chinese

are prepared for the reimposition of active controls

on legals in exchange for the return of innocent

illegals, and/or that they are prepared to work

through the courts and accept their verdicts on the

return of criminal illegals, then there may be no

alternative to continuing our present policy for the

time being. The only thing that might upset this and

necessitate the reimposition of active controls on

legals and the return of illegals regardless of the

consequences, would be if the number of immigrants in

either category again got completely out of hand.

We fully accept the strength of the argument

for introducing changes at a time of relative quiet

rather than of crisis. We propose to delay submitting

to Ministers until we know the results of the Shum Chun

meeting. But meanwhile we would be grateful for your

views and those of Sir John Addis.

8.