TNAG-0801-FCO40-1005-Immigration-from-China-to-Hong-Kong-1978 — Page 147

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

on other matters) and cannot afford to prejudice our present good relations by appearing to renege on or even modify an agreement which they see as important.

6.

As for the practical and administrative arguments, in the great majority of cases it is not the case that illegal immigrants are bemused or unaware of what is happening to them. Certainly no individual case ever goes by default. Each case is handled individually and strictly on its merits. Each person is interviewed by experienced Hong Kong (Chinese) immigration officers, in his own dialect. Hong Kong's repatriation policy is widely known in Kwangtung Province; and illegals generally expect to be sent back if they are caught. The interviewing is designed to identify anyone with a claim to a right to land, or any case where there are strong humanita rian or political grounds. Most commonly these are a claim to Hong Kong birth or to former residence in Hong Kong exceeding seven years. In such cases immediate field enquiries are made at the birth's registry and contact is made with the relatives to seek confirmation of the claim. The facts are referred at least to the Deputy Director of Immigration for decision. Similarly all cases of humanitarian grounds are referred to the Deputy Director, who consults me personally and/or the Political Adviser as

necessary.

7.

On purely practical grounds there are a number of serious objections to having a relative or friend present at the interviews as you suggest. They include:

(1)

(2)

(3)

Delays in repatriation. These would be inevitable, and wo uld exceed 48 hours. The intervention of a relative would be bound to lead to an objection under Section 53(2)(a) of the Immigration Ordinance. This would require the Governor personally to decide each case. Of 4, 176 illegal immigrants intercepted since 30th November 1974, 4, 101 have been repatriated. So one should not underestimate the workload such a changed procedure would involve.

Publicity. Every case would become a newspaper story. The Chinese would object strongly to our encouraging publicity for those who are trying illegally to leave China. This would sour relations generally. Also we would find it undesirable to allow publicity to persons who are here illegally. Such a procedure would also make each individual case harder to deal with and more harrowing for those involved.

Absence of suitable 'nominees'. Not every illegal immigrant has relatives here, or if he does, he does not know their exact address or telephone number, if any.

SECRET

3/(4)

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