TNAG-0802-FCO40-1006-Immigration-from-China-to-Hong-Kong-1978 — Page 189

GENE GALEGAN

From the Parliamentary Under Secretary of State

Evan Luard Esq MP

6/2091/50.

Foreign and Commonwealth Office

London SW1A 2AH

SWIA

15 March 1977

I promised to give you a fuller answer to your Question about illegal immigration from China to Hong Kong on 2 March (Official Report, Written Answers, Column 226). I should perhaps say that I have seen the correspondence you have had in the past with Ministers in this Office and, in particular, Lord Goronwy- Roberts' letters of 27 January 1975 and 16 February 1976. What he told you about the policy of returning illegal immigrants to China remains valid.

In my reply to your Question I dealt with the first two points that you had raised: the number of illegal immigrants apprehended on entering Hong Kong and returned to China” (an unknown number of illegal immigrants continues to evade detection) and the treatment accorded to them on their return. On this second point, I understand that the Chinese authorities normally regard illegal immigration into Hong Kong as a civil misdemeanour, which needs to be corrected by a process of re-education, and not as a criminal offence. It is relevant that there have been numerous instances of persons previously returned to China having been caught trying to re-enter Hong Kong.

A small number of persons apprehended trying to enter Hong Kong have been allowed to remain in the colony. As Goronwy- Roberts has told you in the past, each case is carefully examined on an individual basis and full account is taken of any special circumstances or cases of genuine hardship. I am satisfied that the Hong Kong authorities apply the policy of returning illegal immigrants humanely.

You asked how many illegal immigrants have moved from Hong Kong to third countries. I am afraid that there is no ready answer to this question. A number of illegal immigrants evade detection on entering Hong Kong, as I have said, and there are those who enter from other countries but claim to have come from China. Nor can I say to which third countries illegal immigrants may, in fact, have gone. The Hong Kong authorities guess that

the United States, Canada and, possibly, Australia may have admitted some illegal immigrants originating from China but they have no means of knowing.

Sir John Rodgers Bt MP House of Commons

/As for a