which he is unwilling to go owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion." Rule 55 is thus very positive in its terms and, while it does not itself implement the 1951 Convention, it is the corollary of it in providing that a refugee in the terms of the Convention shall not be prevented from entering the UK (after which the Convention will begin to apply) if return to his country is, in real terms, unpracticable. It seems to me therefore that we may be on difficult ground in refusing entry while Rule 55 is in effect; Rule 55 could of course be repealed but this would have very serious practical consequences which are being considered separately.
11.
Rule 65 provides a limited exception which applies over all the Rules, including Rule 55, with the result that a passenger (except the wife or child of a person settled in the UK) can be refused leave to enter if this would be "conducive to the public good". In my view, this criteria includes "Reasons of State" which would enable the Secretary of State to direct the exclusion of refugees on grounds other than those of their personal qualities, but an argument to the contrary could be presented in the courts. But this would be a very draconian use of the power.
12.
In summary, the 1951 Convention certainly does not require leave to enter to be given but some amendment to Rule 55 would be required to place us on entirely safe ground in law in refusing admission in these circumstances.
Powers to direct Governor-General
13.
You also asked if HMG could direct the Governor-General to take particular action in these circumstances. It is entirely clear that the Secretary of State at FCO has the right to direct the Governor-General in Hong Kong to do anything which it is in
4.
CONFIDENTIAL
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