TNAG-1293-FCO40-1645-Relations-between-Hong-Kong-and-the-United-Nations-1984 — Page 14

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

GPS 500

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 28071OZ FEB 84

TO IMMEDIATE FCO

TELEGRAM NUMBER 535 OF 28 FEBRUARY 1984

INFO ROUTINE HONG KONG GOVERNMENT OFFICE LONDON

MIPT

HK hiv

TOP COPY

HKK OZZIS

YOUR CIRCULAR DESPATCH 191/52 DATED 29 FEBRUARY 1952

CONVENTION ON STATUS OF REFUGEES.

- 7 MAR 1984

19

BEGISTRY

Action Taken

Kats حنا

I CANNOT ADVISE THAT THIS CONVENTION SHOULD BE APPLIED TO HONG KONG

AT THE PRESENT TIME.

2. I HAVE ALREADY INFORMED YOU IN OTHER CORRESPONDENCE (SEE, FOR INSTANCE, MY SECRET SAVINGRAM NO. 967 OF 15 JUNE, 1952) THAT IN

MY VIEW THE LIMITED AREA AND OTHER SPECIAL CIRCUMSTANCES OF THIS

TERRITORY RENDER IT NECESSARY TO REFUSE ADMISSION TO NON-CHINESE

INES

REFUGEES IN CHINA UNLESS THEY COME HERE IN TRANSIT ONLY AND HOLD

VISAS FOR OTHER DESTINATIONS. CHINESE FROM OTHER PARTS OF CHINA

THAN THOSE ADJACENT TO HONG KONG ARE SIMILARLY EXCLUDED, ALTHOUGH

A GREATER LAXITY IS PRACTISED IN THEIR CASE. I AM AWARE THAT THE

APPLICATION OF THE CONVENTION TO HONG KONG WOULD NOT NECESSARILY

COMMIT THIS GOVERNMENT TO ANY RADICAL CHANGE IN THE ABOVE POLICY:

BUT IT SEEMS TO ME THAT IT MIGHT WEAKEN OUR POSITION AND LAY US

OPEN TO THE CHARGE THAT WE IGNORED THE SPIRIT OF THE CONVENTION

WHILST ADHERING TO THE LETTER. IN ANY EVENT, ARTICLE 31 MICHT

RESULT IN SUCH PERSONS REMAINING IN HONG KONG MORE OR LESS

INDEFINITELY ONCE THEY SUCCEEDED IN BEING SMUGGLED IN. THE GEO-

GRAPHICAL POSITION OF HONG KONG RENDERS IT A COMPARATIVELY EASY

MATTER FOR AN ILLEGAL ENTRY TO BE EFFECTED.

3. MY MAIN OBJECTION, HOWEVER, IS THE POSSIBILITY THAT LARGE NUMBERS OF CHINESE PERSONS, ALREADY IN THE COLONY, MIGHT BE ABLE

TO CLAIM SPECIAL STATUS AND TREATMENT UNDER THE CONVENTION. THE

MAJORITY OF THE POPULATION OF HONG KONG CONSISTS OF PERSONS OF

CHINESE RACE AND NATIONALITY, AND THE UNHAPPY CIRCUMSTANCES OF

CHINA TODAY MIGHT ENABLE VERY MANY OF THESE TO CLAIM TO BE

REFUGEES WITHIN THE MEANING OF THE CONVENTION. I FORESEE AT LEAST

TWO SERIOUS DISADVANTAGES WHICH MIGHT ARISE FROM SUCH A DEVELOPEMENT

AS FOLLOWS:-

(A) TO GIVE THE SAME TREATMENT IN THE SPHERE OF WELFARE SERVICES

TO 'REFUGEES'' AS TO THE HONG KONG BORN WOULD NOT BE IN ACCORDANCE

WITH THE POLICY WHICH HAS SO FAR GOVERNED THE DEVELOPMENT OF THOSE

SERVICES: WHAT WE CAN DO IN THAT FIELD IS STRICTLY LIMITED BY

AVAILABLE RESOURCES AND I BELIEVE THAT WE MUST CONTINUE TO BE FREE

TO GIVE PREFERENCES TO OUR OWN PEOPLE.

CONFIDENTIAL

/(B)

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