TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 220

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CONFIDENTAL

HKLC040/4

RECEIV

- 5 JUL 1985

PA dr

.1

GRS 250

CONFIDENTIAL

FM PEKING 040905Z JUL 85

TO IMMEDIATE FCO

TELEGRAM NUMBER 1026 OF 4 JULY

INFO IMMEDIATE HONG KONG

26°

230

HONG KONG TELNO 1336, AND YOUR TELNO 878 AND PEKING TELNO 968: HONG KONG AGREEMENT: RIGHT OF ABODE: DEPORTATION

1.

IF ARRANGEMENTS ARE TO ENDURE BEYOND 1997 THEY WILL NEED TO

TAKE ACCOUNT OF CHINESE VIEWS. THESE SEEM TO BE THAT:

(A) THE RIGHT OF ABODE IN HONG KONG SHOULD BE ENJOYED BY THOSE

SPECIFIED IN SECTION XIV OF ANNEX SEMICLN

(B) THE CONCEPT OF 22RIGHT OF ABODE'' DOES NOT NEED IN ALL

CIRCUMSTANCES TO INCLUDE NON-DEPORTABILITY'' (PEKING 1984 TELNO

289 TO HONG KONG AMPLIFYING PARAGRAPH 13 OF PEKING 1984 TELNO

1931).

2. ON 1(B) HOWEVER, CHINESE THINKING APPEARS TO BE THAT IT IS **FOREIGNERS'' RATHER THAN 'CHINESE NATIONALS" WITH THE RIGHT OF

ABODE WHO SHOULD IN CERTAIN CIRCUMSTANCES BE SUBJECT TO DEPORTAT-

ION. WHEN LU PING SAID ON 27 AUGUST THAT IF A FOREIGNER WITH THE

RIGHT OF ABODE COMMITED A CRIME IN HONG KONG IT WOULD BE REASONABLE

TO RETURN HIM TO HIS COUNTRY OF ORIGIN, HE ALSO MADE CLEAR THAT IF

A CRIMINAL WAS A ''CHINESE NATIONAL' * IT WAS REASONABLE THAT HE

SHOULD SERVE HIS SENTENCE IN HONG KONG. HE CONCLUDED THAT FREEDOM

FROM DEPORTATION FOR CHINESE NATIONALS' SHOULD BE STATED IN THE

BASIC LAW (PARAGRAPH 13 OF PEKING 1984 TELNO 1931).

3. EVEN IF THE GROUNDS FOR DEPORTABILITY OF CHINESE RESIDENTS'

AND ''RESIDENT BRITISH CITIZENS'' WERE NARROWED TO CASES WHERE

DEPORTATION WAS CONDUCIVE TO THE PUBLIC GOOD, THE CHINESE WOULD

THUS BE LIKELY TO OBJECT TO THE PROPOSAL IN PARAGRAPH 2 OF HONG

KONG TUR ON THE GROUNDS THAT IT:

CONFIDENTIAL

/(A)