TNAG-2236-FCO40-3215-Hong-Kong-and-China-subversion-and-student-demonstrations-1991 — Page 151

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

OF 17125OZ JULY 91

TELNO 2276

CONFIDENTIAL

ハ

AKB CGI/

RECEIVED IN RE

22 JUL 1991

ESK OFFI

A

INFO IMMEDIATE OTTAWA, WASHINGTON

OKYO,

(50)

076400

MDHIAN 5709

TOP COPY

Q DIST?

CANBERRA, PARIS, BONN INFO IMMEDIATE THE HAGUE, BRUSSELS STOCKHOLM, OSLO, COPENHAGEN INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

OUR TELNO 2260: CONFERENCE OF CHINESE STUDENT FEDERATIONS.

1. THE 7 STUDENTS FROM OVERSEAS WHO STILL REMAIN AT THE AIRPORT CONE LEFT VOLUNTARILY LAST NIGHT), APPLIED FOR A WRIT OF HABEAS CORPUS ON 17 JULY. THE JUDGE REFUSED IT. HE SAID THAT IT WAS PERFECTLY CLEAR THAT THERE WAS AMPLE POWER TO DETAIN THEM PENDING REMOVAL, AND THAT THEY WERE FREE TO LEAVE WHENEVER THEY WISH. WE HAVE EMPHASISED TO THE PRESS THAT ARRANGEMENTS WERE MADE TO FLY

THE STUDENTS OUT ON AT LEAST TWO OCCASIONS BEFORE THE COURT HEARING, BUT THAT THEY REFUSED TO TAKE THESE OPPORTUNITIES.

2. THE LAWYERS FOR THE STUDENTS TOLD THE JUDGE THAT AN APPLICATION HAD BEEN FILED FOR JUDICIAL REVIEW, PRESUMABLY ON THE REASONS FOR OUR REFUSING THEM PERMISSION TO ENTRY. BUT THE COURTS

ARE NOT LIKELY TO ACCORD THE SAME URGENCY TO THIS AS TO AN

APPLICATION FOR HABEAS CORPUS. WE WILL NOW AWAIT FOR A SHORT PERIOD TO SEE WHETHER THE STUDENTS LEAVE OF THEIR OWN ACCORD. IF NOT, WE PLAN TO REMOVE THEM. WE CONSIDER IT UNLIKELY THAT THE COURTS WOULD AGREE TO A JUDICIAL REVIEW PROCEEDING ONCE THEY HAD BEEN REMOVED, SINCE THE ISSUE WOULD BY THEN BE ACADEMIC.

WILSON

YYYY

MAIN

60

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

DISTRIBUTION

64

PUSD

RAD

PS/LORD CAITHNESS PS/MR LENNOX-BOYD

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CONFIDENTIAL