TNAG-0495-FCO40-560-Deportation-of-foreign-nationals-from-Hong-Kong-1974 — Page 63

HA

INGS & CO.

HONO. KONG

Mr. Greville Janner, M.P. House of Commons

M.P.

CONTINUED NO......................................

2).

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fr.

Particulars of what criminal charges, if any,

have been or may be brought against him,

3) His release upon recognizance pending the Director of Immigration's decision as to whether he should be allowed to remain in Hong Kong.

4). Most importantly, particulars of the particular power in the Immigration Ordinance under which he is being detained at the present time.

As you will see from the enclosures, no satisfactory reply has been received to these requests nor has there been any statement by the Director of Immigration as to what course of action the Hong Kong Government proposes to take in respect of Mr. Li and the 118 other detainees,

Further, there is a grave possibility that the detention may be unlawful for the reasons appearing in the enclosures herewith.

The following remedies are open in theory to Mr. Li

and his fellow dotainees 1-

1). An application for a Writ of Habeas corpus. Our client is reluctant to pursue this course at the moment since, if he did so, the Director would probably give a cloak of legality to the detontion by stating specifically under which section of the Immigration Ordinance he is being detained and by securing the necessary authorities or by preferring the necessary holding charges,

2). Lodging an objection with the Colonial Secretariat for consideration by the Governor. Unfortunately, the detainee could then be detained indefinitely, pending determination of his objection. (See Section 28 of Immigration Ordinance this catch 227)

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I8

3). The matter may be taken up since no satisfaction has been received from the Hong Kong Government with the Minister of State of the Foreign Office reponsible for Hong Kong, preferably with the help of yourself and other Labour M.P.s with whom we are in contact.

We understand that solicitors acting for others of the detainees have already lodged an objection for consideration

"