GR5240
CONFIDENTIAL
DEKSBY 22010OZ
FFCO 21190OZ JAN 80
TO IMMEDIATE HONG KONG
CONFIDENTIAL
TELEGRAM NUMBER 58 OF 21 JANUARY
INFO PRIORITY PEKING
(3)
16
ACK 341|1
RECEIVED IN REGISTRY NO. 51 2 4 JAN1980
DES
INDEX
:FFICER
REUSTRY
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морие
YOUR TEL NO 110 AND PEKING TEL NO 48: CHINESE REQUEST FOR
RETURN OF AN ILLEGAL IMMIGRANT.
Sle
1. WE AGREE THAT WE HAVE A STRONG INTEREST IN MEETING CHINESE
REQUEST FOR
RETURN. WE CAN SEE NO LEGAL OBJECTION TO REMOVAL UNDER SECTION 19(1)(C) OF THE IMMIGRATION ORDINANCE, PROVIDED IT IS DONE IN GOOD FAITH, IE BECAUSE
PRESENCE
IN HONG KONG IS NOT IN THE HONG KONG PUBLIC INTEREST (YOU ARE
NO DOUBT AWARE OF THE JUDGEMENTS IN R V GOVERNOR OF BRIXTON
PRISON, EXPARTE SOBLEN, (1962) 3 ALL E.R. 641-669). WE AGREE HOWEVER THAT HE CAN ONLY BE RETURNED IF THE EVIDENCE HOLDS
WATER. WE THEREFORE AGREE THAT YOU SHOULD DETAIN
AND START
AN INVESTIGATION WHETHER HE HAS BEEN ENGAGED IN ORGANISING
ILLIGAL IMMIGRATION AGAINST THE INTEREST OF HONG KONG.
2. SINCE THE CHINESE WILL PRESUMABLY KNOW AS SOON AS
IS DETAINED THEIR EXPECTATIONS OF HIS EARLY RETURN TO CHINA ARE
LIKELY TO BE AROUSED. WE CANNOT RULE OUT THE RISK, TO WHICH
YOU AND PEKING DRAW ATTENTION THAT HE MIGHT HAVE TO BE
RELEASED. BUT IT MAY BE POSSIBLE TO ANTICIPATE AND DEFUSE A
HOSTILE CHINESE REACTION BY EXPLAINING THE POSITION AT ONCE TO
NCNA AND TO THE PEKING AUTHORITIES. YOU COULD EXPRESS SYMPATHY
WITH THE CHINESE VIEW AND SAY THAT YOU ARE STARTING AN
INVESTIGATION IMMEDIATELY, ALTHOUGH MAKING IT CLEAR THAT A
DECISION TO RETURN
MUST DEPEND ON ENQUIRIES ESTABLISHING
INCONTROVERTIBLY IN THE CONTEXT OF THE IMMIGRATION ORDINANCE
THAT HE WAS ACTING AGAINST THE HONG KONG PUBLIC INTEREST.
WE LEAVE IT TO YOU AND HMA PEKING TO AGREE THE TIMING OF SUCH
ACTION IF YOU BOTH JUDGE IT APPROPRIATE. CARRINGTON
FILE S
HARISD
FED
Mavi
NEWS D OID
LEGAL ADVISERS PUSD
SIR.D. MAITLAND MR MURRAY
CONFIDENTIAL
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