TNAG-0664-FCO40-813-Immigration-from-China-to-Hong-Kong-1977 — Page 55

CONFIDENTIAL

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available about what happens to them once they go back to China.

The Chinese maintain that this is an internal matter and the

Hong Kong Government have never tried to obtain formal assurances about the treatment meted out to those returned. However, such information as is available (for example, from people caught making a second attempt after already having been repatriated) suggests that those returning have not suffered unduly harsh treatment. In addition, assurances have been given in confidential exchanges with communist officials, which cannot be mentioned publicly, that the Chinese authorities normally regard escape to Hong Kong as a civil misdemeanour calling for measures of "social education" and fines rather than more severe punishment (there is, however, evidence that harsher punishment, including in one reported case, execution, is given to people who profit from organizing illegal exit from China).

In

5. Repatriation of those caught trying to enter Hong Kong illegally is not automatic. Each case is considered on its merits and, since November 1974, 60 illegal immigrants from China arrested on entry have been allowed to remain in Hong Kong. broad terms, illegal immigrants are allowed to remain if there are strong compassionate grounds or if there is good reason to suppose that the immigrant's safety would be in jeopardy on return to China. Political motivation is also a factor that is taken into account, but in fact very few illegal immigrants claim to be political refugees. In the great majority of cases would-be immigrants are simply attracted by the higher standard of living available in Hong Kong.

6.

There are strong arguments against making public either the number allowed to stay or the criteria against which individual applications are measured since:

(a) such action could limit Hong Kong's freedom of manoeuvre for making exceptions in individual cases in future;

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CONFIDENTIAL