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M.

1244

54064/41

3.7.41.

Downing Street, S.W.1.,

Enter

Dear Ashley Clarke,

1043

15 July, 1941

F 6323

17 JUL 1941

With reference to your letter No. 5041/98/10 of the 14th June regarding Dr. Chen's representations about the new Immigration Regulations at Hong Kong, I attach a copy of a telegram received from the Governor of the Colony in reply to our telegram No.575 Confidential, a copy of which was sent to you on the 19th June.

F5384/92/10

We have not received a copy of Smith's semi-official despatch of the 23rd April referred to in the Governor's telegram, but it is clear that the arrangement to which Dr. Chen referred is a purely administrative measure taken by the Hong Kong Government, presumably under Section 10(d) of the Immigration Control Ordinance No.32 of 1940, and that the number of persons affected at present forms a very small proportion of the Chinese entering the Colony. The Government of Hong Kong does not, however, recommend the enactment of amending legislation as suggested by Dr. Chen, and the reasons mentioned in the Governor's telegram seem to us sound, particularly as regards the undesirability of having a debate in the Legislature on the special position of Chinese under the Ordinance. The Governor, however, mentions that there is provision in the Ordinance for agreements for mutual abolition or waiving of visas. You will remember that a similar arrangement existed prior to the introduction of this new legislation, but that the Hong Kong Government agreed to the cancellation of the exemption of British residents at Hong Kong from the necessity to obtain Chinese visas on entry into the Colony (see the Acting Governor's telegram No.39 of the 14th January, a copy of which was sent to Scott on the 15th January); in present circumstances I should

incline

H. ASHLEY CLARKE, ESQ.

10

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