TNAG-1293-FCO40-1645-Relations-between-Hong-Kong-and-the-United-Nations-1984 — Page 15

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(B) THE GROUNDS UPON WHICH DEPORTATION IS PERMISSABLE UNDER

ARTICLES 32 AND 33 OF THE CONVENTION ARE TOO LIMITED, WHEN THE POPULATION IS ALREADY SWOLLEN BY THE ENTRY OF NUMEROUS PERSONS WHOSE CLAIMS TO REFUGEE STATUS IT WOULD BE EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO REBUT. I DOUBT WHETHER IT WOULD EVER BE

WISE TO APPLY THE CONVENTION TO HONG KONG: BUT I AM SURE THAT IT WOULD BE MOST UNWISE TO APPLY IT AT A TIME WHEN THERE ARE SO MANY POTENTIAL CLAIMANTS TO REFUGEE STATUS AND THE SITUATION DEMANDS THAT DEPORTATION BE MADE USE OF FREQUENTLY, NOT ONLY AGAINST PERSONS COMMITTING SERIOUS CRIMES BUT ALSO AGAINST PETTY CRIMINALS AND OTHER UNDESIRABLES WHO CANNOT BE CONSIDERED TO HAVE ANY CLAIMS ON THE COLONY.

4. I AM AWARE THAT THE CONVENTION PROVIDES TWO ALTERNATIVE DEFINITIONS OF THE REFUGEE (ARTICLE 1 B(1) AND THAT THE NARROWER OF THE TWO WOULD VIRTUALLY EXCLUDE PERSONS OF ASIATIC RACE. BUT I AM SURE YOU WILL AGREE THAT IT WOULD BE QUITE INAPPROPRIATE TO APPLY THE CONVENTION TO AN ASIATIC TERRITORY ON THE NARROWER DEFINITION.

5. ON THE ABOVE GROUNDS, I RECOMMEND THAT HONG KONG BE EXCLUDED FROM THE APPLICATION OF THIS CONVENTION.

YOUDE

MINIMAL

HKD

UND

NTD

COPIES TO'.

MRS. MORPHET

MR. EDWARDS

MR. BURROWS

}

RES.D

LEGAL ADVS

H.K. GOVT. OFFICE. - LONDON

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Mi's Walker (HKD)