TNAG-2861-FCO40-4115-Expulsion-of-Han-Dongfang--Chinese-dissident--from-China-to--1993 — Page 85

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FM FCO

TO DESKBY 17010OZ HONG KONG

TELNO 759

OF 161652Z AUGUST 93

INFO DESKBY 17010OZ PEKING

INFO IMMEDIATE WASHINGTON

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17/6

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YOUR TELNO 1340: HAN DONGFANG

We agree that you

In

1. We appreciate the dilemma you are facing. will need to strike a balance on the lines of your para 5. the light of the sensitivity of these issues we thought it right

The to consult Ministers before letting you have our advice. Deskby time of TUR did not allow sufficient time to consult Mr Goodlad (who is in Scotland) in the course of the day. We shall do so over-night. We shall aim to reply substantively Deskby 18O1OOZ. In the meantime grateful if you would defer your approach to the NCNA.

2.

Meanwhile you may wish to know that we have recommended that Ministers should approve an approach by you to the NCNA and, subject to Peking's views, an approach by the Embassy to the MFA to request that the Chinese authorities agree to admit Han to China. In addition to the Legal arguments (see para 4, below), you and Peking may wish to suggest to the Chinese that their actions in expelling Han to Hong Kong is not conducive to the improved bilateral atmosphere for which we are jointly working. Nor, for that matter, is it consistent with their oft repeated demand that HKG should not permit people to enter Hong Kong who might seek to use it as a base for subversion of the mainland.

3.

We would be grateful for any more background information you have on Han, in particular what is his immigration status in the US (ie does he have asylum, greencard etc?)

4.

Our departmental Legal Adviser's views on the points you raise are as follows: Expulsion of a national of one state to another state can only be carried out with the consent of the state to whose territory he is to be expelled. The state

receiving the expelled alien is not obliged to grant him an unconditional and unlimited right of residence though arguably it may not expel him arbitrarily and without just cause. The state

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