TNAG-1042-FCO40-1292-Possible-Royal-Commission-on-Hong-Kong-and-its-future-House--1981 — Page 73

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Illigal Immigration from China

On 23 October, 1980, Hong Kong Legislative

Council enacted new laws to allow the Government to exercise

more effective control over immigration from China into

Hong Kong.

2.

Previously, any immigrant who "reached base" in Hong Kong (i.e. evaded capture, established contact with family or friends and found proper accommodation), had been allowed to stay. Under the new legislation, however, all immigrants entering Hong Kong from China illegally after 23 October, 1980 are repatriated. All immigrants from China already in Hong Kong who had not until then registered and applied for an identity card were given a widely publicised period of three days to do so.

3.

The new legislation lays down that everyone aged 15 or over will be required to carry his identity card or an accepted equivalent. Employers are forbidden to engage anyone who cannot produce acceptable proof of identity. There is a provision for appeals against repatriation to China on statutory grounds, in the form of a tribunal of two adjudicators drawn from a panel selected largely from existing lay assessors who advise magistrates.

4.

This legislation does not apply to those who enter Hong Kong legally from China and then overstay.

The Hong Kong Government has had to seek such legislation in order to stem the disturbingly high influx of immigrants from China. The annual figures are

5.

:

Repatriated

Entered (estimated)

1975

1,200

6,600

1976

800

6,100

1977

1,800

6,600

1978

8,200

28,000

1979

90,000

108,000

1980

69,500

62,000

(Jan-Sept)

.../.

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