TNAG-0909-FCO40-1119-Legislation-for-immigration-into-Hong-Kong-1979 — Page 4

G.S. 166

CONFIDENTIAL #B

機密

XCCI(79)27

2 -

t

Hong Kong re-entry visa, whose validity coincides with the limitation of stay imposed. Immigrants from China who arrived prior to 15th January are able to obtain this document without restriction and on average about 6,000 per month have crossed to and from China safar this year. As a disincentive to immigration the Director of Immigration has been refusing to grant re-entry visas to post-January 15 arrivals until they have been in Hong Kong for at least 12 months.

6

Green seal identity card holders who came here legally and who had been in Hong Kong for less than 12 months may return to China as long as their Chinese travel documents are valid. There is no evidence to suggest that the Chinese authorities would assume that such a green seal card holder (not holding a Hong Kong re-entry visa) was entitled to return to Hong Kong or would issue him another Chinese exit permit.

7

Green seal identity card holders who came here illegally, but who had reached base, are currently allowed to obtain a Document of Identity after 12 months. In this way such persons can travel overseas from Hong Kong. They can also travel to China, though in practice it is believed that few do so. It is a fine balance whether the advantage lies in declining to issue a Document of Identity, which would have the effect of preventing travel from Hong Kong until the individual becomes a Hong Kong resident (after 7 years). However, it seems unlikely that such measures would discourage illegal immigrants from coming to Hong Kong.

Crimes Committed by Legal and Illegal Immigrants in Hong Kong

8

Immigrants who commit crimes before or after the issue of the green seal identity card are not returned to China. This matter is being re-examined in the context of the review of the policy on allowing illegal immigrants and over-stayers to remain in Hong Kong. The preliminary assessment is that, in the absence of a policy of returning, all illegal immigrants, the Chinese authorities would not be prepared to accept back only those who had committed crimes in Hong Kong and might well raise unacceptable counter demands if the proposition was put to them

14th December 1979 (SCR 6/2091/55 Pt XIV)

COUNCIL CHAMBER

CONFIDENTIAL

機密