TNAG-0802-FCO40-1006-Immigration-from-China-to-Hong-Kong-1978 — Page 17

For information

SECRET HIKK 341/1

RICEVIG M

INDEX

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11 DEC

XCSI(78)2

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Copy No. of 30

12/17 at Page 1

NOTE FOR EXECUTIVE COUNCIL

RETURN OF ILLEGAL IMMIGRANTS TO CHINA

At the meeting of Executive Council held on 15th August 1978, the Acting Governor directed that a paper should be prepared on the policy governing the return of illegal immigrants from China.

Background

The reasoning behind the decision to resume the return of illegal immigrants from China is set out in Executive Council memorandum XCS(74)3 dated 10th September 1974 (copy annexed) and is summarised in paragraphs 2 to 4 below.

2

In 1973 the number of immigrants arriving from China, both legal and illegal, was increasing at an alarming rate. Representa- tions to the Chinese authorities resulted in some reduction in the flow of legal immigrants but the situation was still considered unsatisfactory. In the meantime, the Chinese authorities demanded the return of a number of identified groups of illegal immigrants (totalling about 200 persons), who had allegedly committed crimes in China. They asked for the illegal immigrants to be returned by administrative action as opposed to statutory procedures under the Chinese Extradition Ordinance (Chapter 235). This was considered unacceptable. It was, however, felt that unless the Hong Kong Government made a move to reduce illegal entry, there was no prospect of the Chinese further reducing legal entry.

3

In November 1973, the Executive Council approved in principle the idea of sending back to China illegal entrants who were apprehended before they reached the urban areas in Hong Kong, in accordance with the practice followed before 1967.

4

Agreement on practical arrangements for returning illegals was then reached with the Chinese authorities. Briefly, it was agreed we would return as many as we could of those who were caught, but not all since there would be cases where public opinion, genuine hardship or the requirements of Hong Kong law would inhibit this; there should be as short an interval as possible between apprehension and return.

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