TNAG-0498-FCO40-563-Deportation-of-foreign-nationals-from-Hong-Kong-1974 — Page 25

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replied to Hong Kong that they have no hesitation in recommending that any Khmer national found to be illegally resident in Hong Kong should be deported back to the Khmer Republic. They do not

consider that those returned would suffer unreasonably harsh

punishment.

5.

Hong Kong consider that it would be impracticable to consult us and the post concerned in every future case (as indeed it would, given the numbers involved); but they would propose to consult us in particular difficult cases. They suggest that, apart from the cases most likely to give rise to political difficulty, they should follow a general policy of individual examination to establish that each person returned is physically fit, that there are none of the agreed grounds for granting asylum, and that humane means of repatriation are available.

If no reasons against return emerged, then removal would be automatic. 6. No illegal immigrants have been returned to South Vietnam since 17 June. It would seem that the trials of the 118 have not resulted in any excessive or inhuman punishment. Of those accused of illegal exit from South Vietnam, 2 were sentenced to one year's imprisonment, 10 were acquitted and the remainder received sentences of between 3 and 8 months. In addition, 33 were charged with desertion. Of these, 10 were acquitted, one who had already deserted on 4 previous occasions received a 10-year sentence, 2 received 6 years, and one received 4 years. The remainder were given sentences of between 18 months and 3 years. Given the seriousness of the charges, and the fact that South Vietnam faces a war-time situation, these sentences are not out of line with the South Vietnamese Government's assurances. In view of this, the Hong Kong Government would now like to resume the removal of illegal immigrants to South Vietnam under their proposed policy.

7.

Lord Goronwy-Roberts agreed at his meeting with the Governor on 25 July that future returns to South Vietnam would be defensible if he could say in Parliament after the event:

(a)

that in the light of individual interrogation of members of the group, and of assurances given by the Saigon Government, HM Government were satisfied that there were no special circumstances which could have justified refusal to return;

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/(b) ..