TNAG-0495-FCO40-560-Deportation-of-foreign-nationals-from-Hong-Kong-1974 — Page 155

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CONFIDENTIAL

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Mr Youde PS/Mr Blaker

DEPORTATION OF LEUNG PAK-KIN FROM HONG KONG

1.

Mr Blaker will wish to be aware of this case, on which we

have received representations from Mrs Judith Hart MP, from Amnesty

International and from the Secretary of JUSTICE.

2.

Leung Pak-kin is a South Vietnamese of Chinese origin who

left Saigon to escape conscription and entered Hong Kong illegally

in April 1973. In December the Hong Kong Government decided to

deport him back to Saigon. Leung himself wished to go to Taiwan

instead. He held a Taiwan visitor's visa. The Governor was

unwilling to allow him to go there on the ground that it would have

made it much easier for him to return to Hong Kong illegally. The

Governor was also concerned that if this request were granted it

might lead to a flood of similar requests from the many hundreds of

illegal immigrants Hong Kong has to remove each year.

3.

Amnesty's first appeal to us was on the grounds that Leung

was a deserter from the South Vietnamese forces and as such would

run the risk of being executed if he was returned to Saigon.

However, we subsequently received from Amnesty a copy of the

report from a Hong Kong lawyer agreeing that Leung is a draft dodger,

not a deserter. Nevertheless, we could not exclude the risk that if

Leung were returned to Saigon and became subject to military

discipline he would suffer some penalty, possibly severe.

this could lead to criticism in Parliament, we asked the Governor

Since

CONFIDENTIAL

/to reconsider