CONFIDENTIAL
8. A FURTHER DIFFICULTY IN RETURNING
UNDER THE IMMIGRATION
ORDINANCE IS THAT SO FAR THE ONLY EVIDENCE IS THE UNCORROBORATED ALLEGATIONS PROVIDED BY THE NCNA. HOWEVER, IF INVESTIGATIONS IN HONG KONG COULD PRODUCE EVIDENCE OF
ACTIVITIES IN ORGANIZING ILLEGAL IMMIGRATION, WE WOULD SEE NO LEGAL DIFFICULTY IN A REMOVAL ORDER BEING MADE. (THE ORDER COULD, OF COURSE, BE
CONTESTED IF
PETITIONED OR TOOK OUT A WRIT OF HABEAS CORPUS.) WITH THE INFORMATION PROVIDED BY THE CHINESE WE BELIEVE THERE IS A GOOD POSSIBILITY OF OBTAINING SUCH EVIDENCE. THIS WOULD HAVE THE ADDED ADVANTAGE THAT WE COULD MAKE IT CLEAR TO THE CHINESE THAT RETURN HAD ONLY BEEN POSSIBLE BECAUSE OF EVIDENCE OBTAINED THROUGH INVESTIGATIONS HERE CONCERNING ACTIVITIES DIRECTLY PREJUDICIAL TO THE PUBLIC INTEREST OF HONG KONG. WE COULD, THEREFORE, EXPLAIN WHY IN FUTURE CASES WE MIGHT NOT BE ABLE TO ADOPT THE SAME PROCEDURE. AGAIN, THERE REMAINS THE RISK THAT THE CHINESE WOULD NOT UNDERSTAND OR ACCEPT THE LIMITATIONS
OF THE PRECEDENT.
9. TO OBTAIN INDEPENDENT EVIDENCE ON WHICH TO BASE A REMOVAL ORDER WE WOULD HAVE TO DETAIN
AND SOME MEMBERS OF HIS FAMILY WHILE ENQUIRIES WERE MADE. WE HAVE ADEQUATE POWERS TO DO THIS UNDER SECTION 26 OF THE IMMIGRATION ORDINANCE FOR A TOTAL PERIOD NOT EXCEEDING 7 DAYS. THIS SHOULD BE ENOUGH. AT PRESENT OUR INTENTION IS TO DO THIS, TAKING INTO ACCOUNT THE RISK THAT IF EVIDENCE WERE NOT OBTAINED WE WOULD PROBABLY HAVE
TO RELEASE
AT ANY RATE, I WOULD NOT BE WILLING WITHOUT FURTHER CONSIDERATION TO SET A PRECEDENT FOR RETURNING ALLEGED CRIMINALS TO CHINA ON THE BASIS OF UNCORROBORATED WRITTEN EVIDENCE PRESENTED BY THE NCNA.
10. IF A REMOVAL ORDER IS ISSUED THIS WILL BE THE FIRST TIME THESE POWERS HAVE BEEN USED TO RETURN AN ILLEGAL IMMIGRANT TO CHINA (AS DISTINGUISHED FROM CASES OF REPATRIATION UNDER SUMMARY REMOVAL POWERS EXERCISED BY IMMIGRATION OFFICERS WHERE PERMISSION TO LAND IS REFUSED). REMOVAL ORDERS HAVE, OF COURSE, BEEN USED
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3.
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CONFIDENTIAL
/ IN CASES
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