On the question of procedures used in the interrogation interviews, these are normally completed within a few hours and most of the illegal immigrants are repatriated within 48 hours of being apprehended. The Hong Kong authorities, as you know, do not see the need for legal representation for the detainees during the interrogation since it would tend to slow down the process which it is generally felt is best dealt with speedily. Further, the Court in Hong Kong ruled in 1975, in a case where a writ of habeas corpus was applied for, that there could be no question of illegal detention since the person concerned had not legally entered Hong Kong. However, as I promised, I shall raise this point with the Governor as soon as possible.
During our discussion you said that there was some evidence that the Chinese authorities are taking sterner measures to deal with repatriated illegal immigrants. Our information confirms that this may be so but also indicates that the offence is still regarded as a civil misdemeanour calling for re-education rather than punishment. You mentioned the evidence supplied by the Anti-Slavery Society to the Working Group on Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities. I am looking into this and will be writing to you again.
Toronary
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