TNAG-1293-FCO40-1645-Relations-between-Hong-Kong-and-the-United-Nations-1984 — Page 11

BACKGROUND

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1.

The 1951 UN Convention relating to the status of refugees

contained a territorial application clause as a result of which the

United Kingdom extended the Convention only to those of its territories which wished to accept it. By 1966, 15 overseas

territories for which HMG was responsible had accepted the Convention. Fourteen other territories, including Hong Kong, recommended against acceptance.

2. In February 1952, Hong Kong was asked to consider application

of the Convention to its territory. Hong Kong took the view that the Convention if accepted would create problems in several areas of

its policy towards illegal immigrants and refugees, whose admission

to the territory was either restricted (in the case of Chinese

refugees from parts of China not adjacent to the colony) or was

denied altogether (in the case of non-Chinese refugees from China). Hong Kong's geographical location and limited area rendered it

particularly vulnerable to large-scale illegal entry. The

population of Hong Kong was already swollen by large numbers of

Chinese nationals who because of circumstances in China, might have

been able to claim special status and treatment under the 1951

Convention. Given that there were so many potential claimants to

refugee status and that the situation of illegal immigrants already

demanded the frequent use of deportation, it was considered that the

grounds on which deportation would be permissible under the Convention were too limited for Hong Kong's special circumstances.

Furthermore, Hong Kong wished to remain free to give preferences in welfare services to Hong Kong born people, and not enter into new obligations to provide equal treatment for refugees as required by the Convention, for which it would have strictly limited resources.

For political reasons the draft reply avoids making specific

reference to China.

3. The 1967 Protocol strengthened international protection for

refugees. The Protocol applied automatically in those territories

to which HMG had extended the 1951 Convention unless otherwise

stated. When the adoption of the Protocol by HMG and its territories was being considered in 1967, it was judged that the

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