TNAG-0981-FCO40-1200-Immigration-from-China-to-Hong-Kong-1980 — Page 144

GR 1100

CONFIDENTIAL

CONFIDENTIAL

F HONG KONG 181050Z JAN '80

DESKBY F.C.0.

181130Z

HKK 34411

$1

DESKBY PEKING 190100Z

TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICEO Ruzili

TELEGRAM NUMBER 110 OF 18 JANUARY, 1985

AND TO IMMEDIATE PEKING.

CHINESE REQUEST FOR RETURN OF AN ILLEGAL IMMIGRANT:

AW zafi

see

16

1. THE NCNA HAVE ASKED US IF A PERSON WHO THEY BELIEVE ENTERED ILLEGALLY ON 11 DECEMBER 1979 CAN BE RETURNED TO CHINA. HE IS

A VICE- IDENTIFIED IN MATERIAL FROM THE NCNA AS CHAIRMAN OF THE HUIYANG PREFECTURE REVOLUTIONARY COMMITTEE IN GUANGDONG PROVINCE. THE CHINESE CLAIM THAT BESIDES ORGANIZING HIS OWN ILLEGAL DEPARTURE WITH OTHER MEMBERS OF HIS FAMILY, HE HAS ALSO SUPPORTED AND ABETTED THE ESCAPE FROM HIS LOCAL FISHING BRIGADE OF OVER 50 PER CENT OF ITS TOTAL POPULATION OF 1,256.

2. THE NCNA HAVE TOLD US THAT

HAS VIOLATED CLAUSES 176 AND 177 OF THE CHINESE CRIMINAL CODE. THE TEXT OF THESE CLAUSES INDICATES THAT THE OFFENCES ARE LEAVING ILLEGALLY AND ORGANIZING THE ILLEGAL DEPARTURE OF OTHERS WITH MAXIMUM PENALTIES OF 1 YEAR'S AND 5 YEARS IMPRISONMENT OR HARD LABOUR, AND, FOR THE MORE SERIOUS OFFENCE, THE POSSIBILITY OF A FINE.

3. THE NCNA HAVE ASKED WHETHER

COULD BE LOCATED AND

RETURNED AS AN ILLEGAL IMMIGRANT. THEY HAVE PROVIDED CONSIDERABLE DETAILS OF LOCAL NAMES AND ADDRESSES OF MEMBERS OF

FAMILY

RETURN

AND OTHER CONTACTS. ALTHOUGH THEIR REPRESENTATIONS DID NOT EXPLICITLY RULE OUT THE POSSIBILITY OF SEEKING THROUGH COURT PROCEEDINGS, THEY CLEARLY HAVE A VERY STRONG PREFERENCE FOR RETURN BY A SIMPLER PROCEDURE. THEY HAVE EMPHASISED THE IMPORTANCE ATTACHED TO THIS BY THE AUTHORITIES IN GUANGDONG IN ORDER TO ASSIST EFFORTS TO STEM ILLEGAL

EMIGRATION.

UNDER THE CHINESE

4. THERE IS NO POSSIBILITY OF RETURNING EXTRADITION ORDINANCE (EVEN IF THE CHINESE WERE WILLING TO ADOPT

CONFIDENTIAL

THIS

(W)