TNAG-1091-FCO40-1341-Legal-immigration-from-China-and-Vietnam-into-Hong-Kong-1981 — Page 58

GF 323

CONFIDENTIAL

機密

4..

10. (b) is only possible if the Chinese co-operate. Not only must they accept back the returnees but they must also refrain from defeating the whole scheme by increasing the percentage of single journey permits. Even if the Chinese do co-operate, a major burden will fall on Immigration Department in pursuing those who overstay: action against the relatively few Chinese pass- port holders allegedly in transit to third countries who overstay has imposed a severe strain on the Department. We shall have to face the possibility of the overstayers going to ground and living illegally - the Director of Immi- gration believes that they will not go back until they are compelled to. With their connections and experience of life here, they may be much more difficult to bring to the surface than illegal immigrants who evade. Even when detected, their removal is often likely to be contested and there are bound to be more humanitarian considerations than has been the case with illegal immigrants. Moreover, we shall still be accepting, for permanent settlement, the non-visitors. On the other hand, our practice is to seek out and return overstayers from all other countries : it is the numbers and the close connections of the average immigrant from China that will make removal so much more difficult to carry out.

17. (c) is the starkest approach and one which we have always shied away from since it raises the disturbing possibility of a confrontation with the Chinese at Lo Wu and a set-back to the present good relationship. We should of course only be adopting an immigration policy standard in most parts of the world, where decisions on who is, and who is not, admitted rests with the receiving state. the China-Hong Kong relationship is an extraordinary one in which normal inter- national practices are for good reason not always followed.

Conclusion

18.

Further study of this matter will be needed in order to identify the implications and work out the implementation of the various possible courses of action - there may be others in addition to those mentioned above. Probably a Champion-type Working Group would best be fitted to do this but guidance by the G.S.C. would be needed to point it in the right direction.

19.

The Acting Director of Immigration will attend for this item.

But

Security Btanch,

Government Secretariat, Hong Kong.

SCR 6/2091/55 XVI

11th August, 1981.

CONFIDENTIAL

機密