TNAG-0495-FCO40-560-Deportation-of-foreign-nationals-from-Hong-Kong-1974 — Page 163

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(17260) Dd.897459 400m 12/72 G.W.B.Ltd. Gp.863

(16940) Dd.897300 400m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARG.N

Registry No.

| SECURITY CLASSIFICATION

Top Secret

Secret XX

Confidential.

Restricted, XX

UnclassifiedTX

PRIVACY MARKING

„In Confidence

DRAFT

SUBMISSION

To:-

Mr Youde

LEUNG PAK-KIN

Type 1 + 5

FROM

A C Stuart

Telephone No. Ext.

Department HK & IOD

Mr Rushford

Legal Advisor

Mrs Denza Legal Advisor

Mr Hervey FED

M & VD

SEAD

1. We have now received from Amnesty, not

representations, but a copy of the report to Amnesty

by a Lawyer in Hong Kong (which Mr Harris rather nawely

naifly asked me not to show to anyone else). His

earlier letter of 2 January has not been received,

but he tells me it was only a promise to send further

details.

2. It is apparent that Leung is not a deserter, as

Amnesty at first alleged. But the danger to him in

Vietnam is certainly great enough, particularly given

the arbitrary nature of decisions by the Vietnamese

Government, to make it risky to continue to insist on

sending him back there. Having been warned by

Amnesty both HMG and the Hong Kong Government would

be likely to face criticism in Parliament. The

recent cases of Miss Sultana and of the Chilian

students increase this likelihood.

13. There are obviously problems for Hong Kong in

reversing this decision. But the Governors most

recent telegram (Hong Kong No 23) does not rule this

out.

I think we need an interrogative telegram to

Hong Kong. I submit a draft agreed by FED, SEAD and

M & VD and the Legal Advisers.

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