TNAG-1091-FCO40-1341-Legal-immigration-from-China-and-Vietnam-into-Hong-Kong-1981 — Page 29

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Finally, although those whose permits had expired would have the right of appeal against removal on both statutory and non-statutory grounds, permission to stay where no statutory grounds were established would be granted very sparingly indeed.

Implementation

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If

Following the announcement, no action would be taken for seven days. Thereafter, those arriving at the border with two-way permits would have them stamped by Immigration Department showing the date, one month hence, by which they were required to leave Hong Kong. consequentially there were grounds for a longer stay and the Chinese exit permit was valid for a longer period, the visitor would still be "landed' for only one month initially and would have to seek an extension at the end of this period. A record of requisite departure dates would be kept, together with the address's given. Records of those returning to China would also be kept and, where comparison of the two records indicated over-staying, the Investigation Branch of the Immigration Department would begin enquiries with a view to removal.

29.

Overstayers when detected would either be detained in the Victoria Immigration Centre or released on recognis- ances. They would be interviewed and, if the facts so warranted, Removal Orders made. They would then have a right of appeal either on statutory grounds to the existing Immig- ration Appeals Tribunal, or on non-statutory (i.e. normally compassionate) grounds to the Secretary for Security. The Tribunal and Security Branch might need to be strengthened in order to deal with the large numbers of appeals likely. If the appeals were rejected, the overstayers would then be sent back via Lo Wu, under escort by Immigration Department staff, as is the case now with Chinese allegedly in transit who are being removed. As with the latter, the Chinese Authorities would be notified in advance. By returning visitors through Lo Wu, instead of Man Kam To, we would meet the point made by the Chinese (para 14) that legal immigrants are in a different category from illegal immigrants.

30.

Implementation would need to be closely monitored, with particular attention to the Chinese attitude and to Hong Kong public opinion. Minor adjustments could be made in the procedures and also, in agreement with the Chinese, in numbers.

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