TNAG-2871-FCO40-4125-Hong-Kong-immigration-policy-and-statistics-1993 — Page 9

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THAT THE CHINESE SIDE WOULD INFORM THE HONG KONG SIDE OF ANY DECISION TO INCREASE THE QUOTA BEFORE THEY IMPLEMENTED IT. THE CHINESE SIDE WOULD ONLY GO SO FAR AS TO ADD THAT THEY WOULD INFORM US 'IN GOOD TIME' AFTER A DECISION WAS MADE; AND

(C) ON THE POINT ABOUT VERIFICATION OF THE STATUS OF THE

OFFSPRING WHO WILL HAVE RIGHT OF ABODE IN HONG KONG AFTER 1997, THE ORIGINAL VERSION HAD US NOTIFYING THE CHINESE SIDE IN SEVEN DAYS IF WE FOUND ANY

IRREGULARITIES. THE DIRECTOR OF IMMIGRATION TOLD THE CHINESE THAT WE WOULD PREFER TEN DAYS AND THIS WAS AGREED.

4. THIS IS NOT IDEAL, BUT IT IS AN IMPROVEMENT ON THE

ORIGINAL AND THE DIRECTOR OF IMMIGRATION SIGNED THE CHINESE FINAL VERSION AS AN ACCURATE RECORD OF HIS MEETING.

COMMENT.

5. THE KEY POINT ABOUT THIS AGREED RECORD, WHICH IN LEGAL TERMS

CONSTITUTES A MEMORANDUM OF UNDERSTANDING, IS THAT, FOR THE FIRST TIME, THE CHINESE HAVE COMMITTED THEMSELVES IN WRITING TO OPERATE PERMANENT IMMIGRATION INTO HONG KONG THROUGH CONSULTATION (CONSISTENT WITH THE POSITION UNDER THE BASIC LAW). WE HAVE ALSO SECURED THEIR RECOGNITION OF OUR ROLE VERIFYING THE CREDENTIALS OF OFFSPRING IN CHINA WHO WILL HAVE RIGHT OF ABODE HERE AFTER 1997.

6.

NEVERTHELESS, THE PUBLIC PRESENTATION OF THIS WOULD NEED CAREFUL HANDLING. SOME PEOPLE MAY BE CONCERNED TO DISCOVER THAT THE DECISION ON ONE-WAY PERMITS RESTS WITH THE CHINESE. HOWEVER, WE THINK THAT WE CAN POINT OUT THAT THEY HAVE ALWAYS BEEN ABLE TO DECIDE ON EXIT PERMITS (AND THIS WILL REMAIN SO UNDER THE BASIC LAW), BUT THESE ARE NOT AUTOMATICALLY AN ENTITLEMENT TO ENTER HONG KONG, OVER WHICH WE HAVE CONTROL; THAT THIS ARRANGEMENT IS IN ANY CASE CONSISTENT WITH THE POSITION UNDER THE BASIC LAW; AND THAT THE INCREASE IS BROADLY IN LINE WITH WHAT WE HAD PROPOSED IN JUNE.

7.

WE HAVE CONSIDERED HOW AND WHEN TO PRESENT THIS TO

LEGCO/THE PUBLIC, AND A LINE TO TAKE IN CASE IT LEAKS. ON TIMING, WE PROPOSE TO INFORM EXCO, AT THEIR NEXT MEETING ON 4 JANUARY AND THEN TAKE THE EARLIEST OPPORTUNITY TO BRIEF LEGCO (HOPEFULLY AT A SECURITY PANEL MEETING ON 10 JANUARY).

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