TNAG-0983-FCO40-1202-Immigration-from-China-to-Hong-Kong-1980 — Page 143

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SECRET

HKb Bifil 37

RECEIVED IN REGIST.

NOTE FOR EXECULE COUNCI

BES

130 A

7.7

Iniliam

XCSI(80)

Copy No.??..25

CONTROL AND RETURN ERANTS FROM CHINA & MACAU

IMMIGRATION (AMENDMENT NOE) BILL 1980

At the meeting on 10th June 1980, Members considered memorandum XCS(80)4 which set out the contingency plans and draft legislation and discussed the question of timing for proposals that all illegal immigrants from China who reached base should be returned and denied registration and employment. The Council advised, and the Governor ordered, inter alia, that with reference to the Immigration (Amendment) (No 2) Bill 1980, further consideration should be given by the Secretary for Security as to the advisability of amend- ing section 17C(1)(a) so as to require the carrying of the proof of identity from the age of 15.

2

The original recommendation to require compulsory carrying of proof of identity from the age of 18 was made on the grounds that young people were more prone to forget or lose their identity cards; that it would be inadvisable to prosecute them; and that the numbers of illegal immigrants between the age of 15 and 17 were not great. The age of 18 was chosen to meet these points and because it was also the age at which a person was required to register for an adult identity card.

3

The matter has now been reconsidered. Neither the Commissioner of Police nor the Director of Immigration have strong views on the matter. The lower age will render the scheme somewhat less acceptable to the public, especially parents. On the other hand, young people of 15 or more are in many respects treated as adults and in 1979 some 8,000 of the illegal immigrants who reached base were aged between 15 and 17. And, as long as the Police adopt a moderate approach towards young persons failing to comply with the requirement, it is expected that public concern over this aspect would not be great.

4

In the circumstances it is therefore proposed that compulsory carrying of proof of identity should begin at the age of 15. The Immigration (Amendment) (No2) Bill 1980 will be amended accordingly on resubmission to Members.

2nd July 1980

(SCR 30/2091/74)

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COUNCIL CHAMBER

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