TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 116

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ORDINARY RESIDENCE WHICH WE BELIEVE CLEARLY SHOWS THAT THE CHINESE AMENDMENT TO ARTICLE 24 IS UNNECESSARY. WE REALISE WE SHALL HAVE TO ANSWER QUESTIONS ON THE OTHER VIETNAMESE POINTS IF THE CHINESE RAISE THEM, BUT WE COULD BE GETTING INTO DEEP WATER. AS YOU KNOW, THE CHINESE HAVE PRESSED US IN THE PAST TO GIVE THEM ASSURANCES ABOUT RESOLUTION OF THE VBP PROBLEM BEFORE 1997. IF WE REFER TO RESOLUTION OF THE PROBLEM AS A REASON TO REVERT TO THE ORIGINAL TEXT OF ARTICLE 24, THE CHINESE ARE LIKELY TO RENEW THESE REQUESTS.

4. WE THEREFORE PROPOSE TO ADD TO THE BEGINNING OF PARAGRAPH 4 OF THE SPEAKING NOTE THE FIRST SENTENCE OF YOUR DEFENSIVE ANSWER 1 PLUS THE FOLLOWING:

5.

QUOTE ... THE BRITISH SIDE CONSIDER THIS CONCERN TO BE UNFOUNDED. THE FACT IS THAT UNDER SECTION 2(4) OF THE IMMIGRATION ORDINANCE, NEITHER VIETNAMESE REFUGEES NOR VIETNAMESE BOAT PEOPLE WHO HAVE YET TO BE SCREENED OR HAVE BEEN SCREENED OUT ARE CONSIDERED AS ORDINARILY RESIDENT. THEY WILL NOT THEREFORE BE ABLE TO OBTAIN RIGHT OF ABODE IN HONG KONG UNQUOTE

·

THE MIDDLE SECTION OF YOUR ANSWER ONE QUOTE AS THE CHINESE SIDE ARE AWARE

WITH NON-REFUGEES EVENTUALLY BEING REPATRIATED TO VIETNAM. UNQUOTE WOULD REMAIN FOR DEFENSIVE USE WE HAVE NO OTHER COMMENTS ON YOUR DEFENSIVE BRIEF.

ARTICLE 106

6. WE AGREE THAT PEKING SHOULD TAKE ACTION ON THIS POINT AT THE SAME TIME, ON THE LINES OUTLINED IN PARA 2 OF YOUR TELNO 646.

7. GRATEFUL IF YOU WOULD FAX TO PEKING A CHINESE TRANSLATION OF THE SPEAKING NOTE AS AMENDED ABOVE.

HURD

YYYY

ΜΑΙΝ

57

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

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