TNAG-0982-FCO40-1201-Immigration-from-China-to-Hong-Kong-1980 — Page 141

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XCC(77)3

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(d)

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(ii) evidence of a contribution to the economy of the

Colony, whether by reason of the nature of the individual's employment, capital investment or special skill;

he should be allowed to stay (after prosecution for his original illegal entry or overstaying) on the same basis as other alien residents.

In all other cases, every effort, short of expulsion should be made to effect repatriation.

As regards those persons who are already in the Colony illegally the same policy is proposed, but with discretion for the Director of Immigration as to whether or not he prosecutes in individual cases. A lenient line is contemplated in respect of past offenders who have been here a long time and settled in without being troublesome. Prosecutions, generally speaking, will be mounted only where there is a positive objection against an individual for example, in certain recent and flagrant cases of overstaying in defiance of an express decision of the Director.

In September 1975 on the directions of the Chief Secretary, a Working Party under the Chairmanship of the Secretary for Security was set up to review the policy on illegal immigrants from countries other than China. The Working Party, a copy of whose Report is annexed, concluded that bearing in mind the various changes in procedures etc introduced in 1976 there should be no change in the existing policy re- garding these illegal immigrants.

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Honourable Members will be asked to advise whether they endorse the conclusions contained in the report of the Working Party that

(a)

(b)

(c)

existing policy on illegal immigrants from countries other than China should remain unchanged subject to an illegal immigrant who has remained here con- tinuously for ten years being removed only in most exceptional circumstances paragraph 20 of the

report;

steps be taken to improve deterrant measures and to increase detection rates - paragraph 18 of the

report;

ways should be sought to bring illegal immigrants to

the surface

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paragraph 19 of the report; and

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