TNAG-0982-FCO40-1201-Immigration-from-China-to-Hong-Kong-1980 — Page 121

For discussion

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HKK 341|i

RECEIVED IN REGISTRY NO. 51

2 8 MAY 1980

DESK OFFICER

XCS (80)2

30

Copy No

RELICTRY

MEMORANDUM FOR EXECUTIVE COUNCIL

728.3 Aw 2911

CONTROL AND RETURN OF IMMIGRANTS

FROM CHINA AND MACAO

on 13th May 1980

See 86

A

Introduction

At the meeting of Executive Council on 5th June 1979, the Political Adviser and Secretary for Security were asked to examine possible measures which could be taken to reduce immigration from China, such as the introduction of a policy of repatriating all future illegal immigrants who reach base and those legal immigrants who overstay the validity of their travel documents. However, with the sharp (though, as it emerged later, only temporary) decline in immi- gration in July and subsequent months, contingency plans were not taken further. Following a renewed deterioration of the situation over the last few months, the proposals have been re-examined,

2

The purpose of this paper is to consider these measures and to seek Members' views on the need for a change in the policy govern- ing the acceptance of legal and illegal immigrants from China and Macao for residence in Hong Kong.

Present Position - Illegal Immigrants from China

3

The policy governing the return of illegal immigrants to China is set out in Executive Council Information Paper XCSI (78)2 dated 2nd November 1978, a copy of which is at Annex A.

4

In 1974, agreement was reached with the Chinese authorities on the implementation of the policy of returning illegal immigrants to China, It was agreed that in principle those who came without official Chinese documentation would be returned. It was recognised however that there would be a small number of cases where public opinion, genuine hardship, political reasons or the requirements of Hong Kong law would inhibit this. Repatriation commenced on 30th November 1974, By 30th April 1980, 120, 691 had been repatriated and 176 of those arrested had been permitted to remain,

5

In addition, illegal immigrants who evade the security forces and "reach base", i.e. establish contact with their family or friends and obtain or reach proper accommodation, have not been repatriated. The existence of this category was also implicitly recognised in the 1974

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85A)