SECRET
XCSI(78)2
Exceptions
9
Fage 3
Illegal immigrants who would normally be liable to removal under the considerations set out in paragraphs 7 to 8 above will, nevertheless, not be returned in the following circumstances:
(a) If they have a right to be in Hong Kong, (i. e. they are Hong Kong belongers or Chinese residents as defined in the Immigration Ordinance).
(b) If they are political refugees.
(c) If there are very strong humanitarian reasons (e.g.
unfitness to travel) or the likelihood of widespread public sympathy which would make return highly undesirable. (The fact that illegal immigrants have relatives in Hong Kong would not, by itself, justify allowing them to stay).
(d) If they have committed offences under Chinese law
which would render them liable to excessively harsh punishment.
Number of Illegal Immigrants allowed to stay
10
Since repatriation recommenced in November 1974, 102 illegal immigrants who had been intercepted have been allowed to stay. Of these, 47 were persons who had a legal right to be in Hong Kong, 42 were allowed to stay on compassionate grounds and 13 were released because they were not intercepted on arrival (i.e. the considerations in paragraphs 7 and 8 indicated that they were not liable to return to China).
2nd November 1978
(SCR 30/2091/74 III)
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COUNCIL CHAMBER
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