TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 68

CODE 18 77

Mr Mc Laren, HK&GD

CONFIDENTIAL

Reference

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AMENDMENT TO THE HONG KONG IMMIGRATION ORDINANCE

1.

see ESA

I have seen FCO telno.584 to Hong Kong, and Mr Cragg's letter of 30 July to Mr Quantrill.—

(24)

2. It is unfortunate that in an effort to be as helpful as possible to the Hong Kong Government in the problems they face with immigration, we have told the Governor that there are no objections here to the Royal Assent being given to this Bill. Defence Department find themselves in an embarrassing position. We made clear to your department that we needed to see and to clear for ourselves and the Ministry of Defence any submission on the subject. We assured the MOD that given our normally close relations with your Department, they need have no fear that action would be taken without their knowledge or an opportunity, however brief, to think about the implications.

3. I am sorry that telno.584 has upset the MOD, but they have some justification. I am not, however, overly concerned about that; fence mending is our stock in trade! I am concerned about what will happen now. I understand that a reply to Mr Cragg is being drafted by your department and will be cleared with us and legal advisers; this is fine. What bother s me is that, if the Assent has been given, we shall have an Ordinance in force which the Royal Navy will be forbidden to enforce. Legislation in terrorem is never a good idea. I hope that we shall either be able to satisfy MOD Ministers about the apparent conflict between Hong Kong legislation and International Law, or to find a way of removing the offending provisions from the Ordinance.

1 August 1979

CONFIDENTIAL

B Watkins

a

Defence Department