TNAG-0981-FCO40-1200-Immigration-from-China-to-Hong-Kong-1980 — Page 6

CONFIDENTIAL

ve committed the offence at an identity parade and, if the evidence justified charging those concerned, the presence of witnesses at a trial. I said that if those concerned were convicted of the offence alleged, there was a good chance that they could then be returned to China. But there could be no guarantee either that the evidence would justify a trial or, if it did, what the verdict would be.

5.

Mr Tan of the NCNA said that this was much the sort of answer he had expected. He had already warned the Guangdong authorities to prepare what evidence they could. He undertook to pass on my suggestions. But he was doubtful whether the Chinese authorities would be willing to go as far as sending witnesses to Hong Kong. I pressed him on this and said that we had now started to do many things which were impossible before.

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I do not think the Chinese attached as much importance to this case as that of Zheng Geng who had organized escapes. In any event, we must not allow a situation to develop in which we return any illegal immigrant whom the Chinese ask for, regardless of the circumstances, nor where we would appear to accept tacitly that the Chinese can extradite and try people for offences committed in Hong Kong. If they will co-operate on trying to bring the people to trial here, so much the better. But I am not hopeful.

cc R D Clift Esq

HK&GD FCO

T JB George Esq PEKING

(D C Wilson)

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CONFIDENTIAL