Customs Harassment
16. Kr. Denson said that the Foreign Office wanted to apply
some form of administrative harassment to the Chinese Office
in London through Customs and Excise. The section responsible
in Customs and Excise was at present so under-staffed that
they had not been able to spare a man to attend this meeting.
The Foreign Office would pursue the matter with them
separately.
CONFIDENTIAL
RECEIVED IN
V No.31
COM IDENTIAL.
Reference
14 AUG 1967
$43/20
Memorandum.
18
1.
RETALLATION AGAINST THE CHINESE IN DRITAIN.
Ed (1636)
See-22
N.C.N.A.
Present Situation
There are at present five China-based members
of the N.C.N.A. resident in London. The residence
permit of one (Li Fu) expired in mid-July. He has
asked for an extension and we have asked the Home
: Office not to agree to this until a decision has
been taken on our attitude towards the N.C.N.A. as
a whole. In a similar way we are also withholding
approval for the visa of one replacement for the
N.C.N.A. staff. The Home Secretary has made it
clear that he is very reluctant to take action
against the N.C.N.A. as a whole.
Possible Action
2. (a) To approve the visa application for one
· replacement and the extension of Li Fu's residence
permit and to take no further action against the
N.C.N.A. unless they take further action against
our Mission or Reuters in Peking.
(b) To give no reply on either the visa or
residence permit applications andthus keep Li Fu
here in limbo. In this case we would presumably
/decide
decide to act similarly with any further visa or
residence permit applications.
(c) To refuse the present two applications and
to act similarly with further applications. If we
did this we would have to decide on some final
objective, such as either reducing the N.C.N.A.
office to locally engaged staff plus one expatriate
(which would be the direct equivalent of British
journalistic representation in Peking).
Recommendation
3. I think a combination of (b) and (c) is the
best course of action. We would keep all visa and
residence permit applications in suspense until at
least 21 August when it will be possible to see
whether the Chinese are preparing to take further
action against the Reuters correspondent in Peking
in retaliation for the trial of the next batch of
N.C.N.A. correspondents arrested in Hong Kong,
which is due on that day. (The trial of the two
N.Ċ.N.A. employees set for 1 August has been post-
poned until 21 August). Providing that there were
no dramatic new developments by then, we would
refuse the present applications and all future ones
until N.C.N.A. expatriate representation in London
is reduced to either one or nil depending on
Chinese treatment of Mr. Grey. This process might
/take
Reference.....
त
Ed (1426)
take until the Spring of 1968.
EXIT VISAS
Present Situation
4. The Home Secretary has said his powers to
prevent aliens (i.e. non-diplomatic Chinese) from
leaving the country are not effective since it is
possible to leave the U.K. via Ireland without any
check being made by Immigration Officers. At
present he has no powers to prevent diplomats from
leaving. To take them would presumably breach the
Vienna Convention on diplomatic practice and could
be claimed to be ineffective for the same reason
as similar action against aliens.
Possible Action
5. (a) To urge the Home Secretary to take the
necessary powers to impose a system of exit visas
on all official Chinese in this country, both
diplomatic and non-diplomatic.
(b) To institute a system of exit visas on our
own responsibility only asking for the co-operation
of the Home Office in checking through Immigration
Officers that all official Chinese leaving this
country have been authorised to do so by the
Foreign Office.
Recommendation
6.I think that we should follow course (b). Hięce
we already have a travel notification scheme for
the Chinese, they cannot theoretically go to Ire-
land without our approval. It is perfectly true
that the only sanction we have against the Chinese
if they disobey a system of exit visas would be
to declare members of the Office of the Chinese
Chargé d'Affaires personae non gratae and deport
non-diplomats. This would defeat the object of the
exercise. The Chinese are however likely to obey
in being caught rather than risk the loss of face involved
obeying. (The French have instituted a system of
exit visas which apparently works efficiently and
has not caused their Mission in Peking to suffer
harassment).
TRAVEL RESTRICTIONS
Present Situation
ifs-
7. We have decided to refuse all applications to
travel by Chinese officials in the U.K. except in
cases where they are doing so for commercial rea-
sons. Mr. Hopson has recommended that we should
stop commercial visits also or at least those
undertaken by members of the Commercial Section of
the Charge's Office as opposed to members of Chin-
ese trading corporations in this country.
Possible Action
8.
(a)
Ed (1626)
3
Reference..
IIILIT‒‒
8. (a) To tighten the travel notification system
even further, either by refusing all journeys of
any sort or by reducing the present area in which
the Chinese are allowed to travel freely (1.e.
35 miles from Hyde Park Corner).
(b) To continue as at present.
Recommendation
9. I think we should follow course (b) as (a)
would probably damage trade and might cause trade
to be still further curtailed in China, making
for example the collection of supplies by our
Mission impossible.
CUSTOMS HARASSMENT
14.Present Situation
10. It has been agreed within the Office (although
with some reluctance by Protocol Department) that
! we would be justified in imposing some form of
administrative customs harassment on the Chinese.
We do not yet know whether Customs and Excise will
be prepared to help.
Recommendation
11. I think that we should discuss this with
Customs and Excise and suggest that they impose
administrative delays of up to one month on all
members of the Chinese Mission, until such time
/as
+
as the Chinese allow our Mission in Peking to have
their baggage packed and shipped in the normal way
HARASSMENT OF SHIPPING
Present Situation
12. The Chinese have over the past months detained
a number of British seamen because of alleged
"political provocation". They have also threatened
to take action against any ships which call at
Chinese ports after breaking the 'boycott at Hong Kong.
Possible Action
13. (a) We could use administrative excuses to delay Chinese ships at
British ports almost in- definitely although in practievery few Chinese
ships call here.
(b) If Chinese ships call at British ports we coulà detain members of
the crew as "undesirable". Recommendation
14. I think that no further action should be taken unless the Chinese
detain British ships or crews in China. As a precaution we could'sound
out the Board of Trade on whether they would be prepared to go along
with either (a) or (b).
NON OFFICIAL CHINESE NATIONALS IN THE U.K. Present Situation
15. There are about 2,500 Chinese in this country who hold passports
issued by the C.P.R. Mr.Rodgers asked that we should find out where
these people live and their occupation. We know from the Home office
that this will be a lengthy administrative procedure.
Possible Action
16. (a) To restrict either the place of residence or occupation of some
of these Chinese.
(b)To seek reasons for arresting some of them (doubtless they have
infringed some regulation or other if one looks hard enough):
Recommendation
17. I think we should ask the Home Office to obtain details of all these
Chinese, although we cannot expect an answer very quickly. I do not
think that any action against such Chinese citizens
would be successful.in immung the chinese
TOP
CONFIDENTIAL
Cypher/Cat A
PEKING TO FOREIGN OFFICE
lno 966
27 July 1967
72 3120 5
الان
RECEIVED IN BARCHIVES No.31
27JUL 1967
Fe 3/20
CONFIDENTIAL
My telegram number 847: Exit Visas.
During my meeting with the Deputy Head of Consular Department on 22
July, I raised question of Exit Visas valid for six months. I asked why
our applications had been ignored whereas such Visas had been issued to
the staff of the French Embassy and the Netherlands Office. After a
great deal of tautological argument, Mr. Kao made it quite clear that we
should not get Exit Visas valid for six months and he hinted that
neither the French nor the Dutch might get sny more in
future.
2.
Present Chinese practice is to insist on knowing exact date of departure
and then delay issuing the Exit Visa until
the eve of departure, thus causing maximum inconvenience and anxiety to
the person concerned.
3. This strengthens case for taking action as recommended in my telegram
under reference. I should be grateful for news.
r. Hopson
DEPARTMENTAL DISTRIBUTION
Far Eastern Dept.
Passport Control Dept.
Protocol & Conference Dept.
PPPPP
Sent 05152/27 July
Read 08302/27 July
Девой
Achon in porced
Seperality of
rescue
ex?
wi
viscie for Chence in Rriam See FC 3/20 (THE)
CONFIDENTIAL
ра
Do I to atro
Ento po
Now entant 3/20.
8.
PRIVATE SECRETARY
CONFIDENTIAL
RECEIVED IN !ARCHIVES No.31
- AUG 1967
FC3/20
16
New China News Agency
Your minute of 2 August recorded the Foreign Secretary's
comments on the Home Secretary's minute of 1 August about
the New China News Agency in London, and asked for advice
on how we should proceed.
2. Mr. Rodgers held a meeting yesterday at which it was
agreed that we should pursue the question of retaliatory
measures against the N.C.N.A. in London at official level
with the Home Office and other interested Departments. In
the light of their views, we should be in a position to put
forward specific proposals which would be submitted to the
Secretary of State, together with a draft reply to the Home
Secretary urging him to reconsider his position. The con-
sultative process will probably take some days. We would hope to be in a
position to make a submission in time for the Secretary of State to sign
a minute during the weekend of 12/13 August. Whether urgent action
against the N.C.N.A. in London will be considered necessary and
therefore make an
approach to the Home Secretary before the first week of September
desirable depends on how the situation develops in China, e.g. whether
further action is taken against Mr. Grey, Reuters oorrespondent in
Peking, or against any other British subjects. If urgent action is
thought necessary, the Secretary
of State might wish to consider asking another Foreign Office
Minister
CONFIDENTIAL
CONFIDENTIAL
2
Minister to press the matter with the Home Secretary.
We shall watch developments carefully and keep you
informed.
Copies to:
Mr. de la Mare
Mr. Wright
Kr. Samuel
John Denson
(J. B. Deraon) August, 1967
ME Dhurm:
Thank
you.
It would be
halfful if we could have
your submission
the
aftamom of
11 August.
бы
3
Max Wilson
Jl. 9 Tugust.
CONFIDENTIAL
14/Win
Far Eastern Department
15
RECEIVED IN ARCHIVES No.31
- 9 AUG 1967
FC3/20
The Foreign Secretary has now seen the Home Secretary's minute about New
China News Agency staff in London (1 August, 1967). The Secretary of
State has commented as follows: "This is not very helpful. Tell him that
in such a matter foreign policy must prevail. But I am willing to
discuss It."
2. Could we please have your advice on how to proceed now - bearing in
mind that the Secretary of State is now on leave for a week: we could
not get him to sign a minute until the weekend of 12 August and he would
not be available to discuss this with the Home Secretary until the first
week in September.
P.M. Kally
(Miss P. M. Kelly)
2 August, 1967
Copies to: Mr. Rodgers
P.U.S.
Mr. Hohler
Your mumite
Mr. de la Kár
CONFIDENT IAL
Безро
RECEIVED IN ARCHIVES No.31
- 7 AUG 1967
F23/20
Mr. Rodgers held a meeting on 2 August attended by
Mr. Hohler, Mr. Wilson and myself. It was agreed:
(a) that we should proceed as proposed in paragraph 3
'below)
of my submission of 2 August and try to find ways
in which we could harass or restrict N.C.N.A. and
other official Chinese personnel within the existing
powers held by the Home Secretary. When we had
worked out specific proposals these should be put to Ministers, together
with a draft reply from the
Secretary of State to the Home Secretary's minute
of 1 August, urging him to reconsider his position, (b) that in the
meantime we should enforce the travel
restrictions more rigorously by informing the Chinese Mission officially
that the notification system applies also to the Bank of China, some of
whose officials have been ignoring it. Thereafter
action could be taken if cases were discovered
where officials had travelled without the required
notificationĮ
(c) that we should arrange for the remaining Chinese
post-graduate students in this country to be visited
by the police in order to impress on the Chinese
that we had certain powers in respect of Chinese
aliens;
CONFIDENTIAL
/(a)
CONFIDENTIAL
2
(d) that an assessment should be made of the effects on
Sino-British trade of a decision to restrict travel
2.
by Chinese commercial representatives in this country,
both from the Chinese Commercial Office and from
trading corporations (which H.M. Chargé d'Affaires,
Peking has asked for) and/or a withdrawal of British
commercial officers from Peking and a cessation of
visits by British businessmen to China.
I am taking action on these four points.
An Desson
Thank
you.
Spoken.
John Denson
(J. B. Densch) 3 August, 1967
Please speak
छ
3/8
CONFIDENTIAL
Flag A
MR. HOHLER
CONFIDENTIAL
RECEIVED IN ARCHIVES No.31
- 7 AUG 1967
13
F23/20
12
Retaliation against the Chinese in London
The Home Secretary's reply (attached) is distinctly
unhelpful. What it amounts to is that the Home Secretary
has the powers to harass non-diplomatic Chinese (e.g. N.C.N.A.
etc.) by ordering them to report to the police and to prevent
them from leaving the country. He is, however, unwilling to
exercise these powers because, in the first case, he thinks
that it could not be justified as "necessary in the public
interest" and, in the second, he says that there is a loop-
hole in that it is possible to leave this country via Ireland
without going through the motions of seeking approval from an
immigration officer.
2. What the Home Secretary's minute does not appear to take
into account is the fact that we already have a system of
travel restrictions on all official Chinese in this country,
which was imposed by the Foreign Office. This system should
effectively prevent any Chinese from leaving the country via
Ireland without our knowledge. It is however true to say
that, if the Chinese disregarded these restrictions, our only
sanction is deportation and those of more than two years
residence in this country could presumably appeal. It is
however unlikely that the Chinese would ever disregard any
regulations we wished to impose or appeal against deportation
in a British court.
CONFIDENTIAL
13.
CONFIDENTIAL
- 2
3.
I think the only useful way we can now proceed is to
call a meeting at which the Home Office, Board of Trade,
Customs and Excise and Security Services would all be
represented in order to work out ways of retaliating against
the Chinese either to be used immediately or to be kept in
reserve in case the Chinese create further difficulties for
our Mission in Peking. I attach a short memorandum showing some of the
types of retaliation which might be used and
From the tone of the outlining the difficulties involved. Home
Secretary's reply I fear that we shall get very little active
co-operation from the Home Office. Even so, I think we must try at the
very least to institute a system of exit visas for the Chinese here, if
necessary by sending a note
from the Foreign Office without asking for any co-operation
from the Home Office.
4. Until we have at least explored with other interested Departments
possible retaliatory measures on the lines set out in the memorandum and
are ready to submit specific proposals to our own Ministers, I doubt
whether there would be any point in the Secretary of State returning to
the
charge with the Home Secretary-
John Denson
(J. B. Denson) 2 August, 1967
Su forth munts of 3 August
CONFIDENTIAL
CONFIDENTIAL
WE
Retaliation against the Chinese in Britain
The following is a list of the possible lines of
retaliation we might take against the Chinese here pointing
out the difficulties involved in each case.
A.
Exit Visas
(1) A system of exit visas is an almost essential part
of retaliatory action against the Chinese in Britain. We could justify
it on the grounds that the Chinese
apply such restrictions to our people in China.
(11) The difficulty is that the Home Office have no
powers to apply such a system. They say that diplomats are not covered
by the Aliens Order.
Holders of Service passports (1.e. those below
diplomatic rank but not travelling on ordinary passports) are covered by
most articles of the
Aliens Order (the Home Office are checking on
exactly which) and should therefore come under
the ruling which says that no aliens may leave
this country without authority of an Immigration
Officer. Such permission is, however, a pure
formality and never refused except in criminal
Cages.
(iii) One solution to this problem may be that the
Foreign Office could send a note to the Chinese
saying that all those travelling on Diplomatic
and Service passports will in future require an
exit visa before leaving this country. The Home
/office
CONFIDENTIAL
CONFIDENTIAL
2.
Office at official level have said that they
would co-operate by instructing their Immigra-
tion Officers to check all departing Chinese
to ensure that they had exit visas. The loop-
hole in the system would be that we do not
appear to have any legal powers to detain
diplomats if they then disputed our regulations
and, even if we detained holders of Service
passports, we might have difficulty justifying
the action if a case was taken to court. In
practice, however, one can be reasonably certain
that the Chinese would not be clever enough to
disregard such regulations issued by the Foreign
Office. If they did, we could of course take
diplomatic action against their Mission.
B. Restriction of Movement
(1) We do not appear to have any legal powers to
restrict the movement of diplomats. We could,
however, tighten even further the limits within
which the Chinese are allowed to travel freely
(at present 35 miles from Hyde Park Corner)
although in practice there would be little point
in so doing •
(11) Holders of Service passports (including expatriate
members of N.C.N.A.) can be restricted as to their
place of residence, or required to report regularly
to a police station. Such action would have to be
justified (both in the mind of the Home Secretary
and potentially in a court) as being "in the public
CONFIDENTIAL
/interest".
F
CONFIDENTIAL
- 3 -
C.
interest".
Freedom of Communiostion
The Home Office have no powers to restrict the freedom
of communication of the N.C.N.A. London Office.
It might
be possible for the Post Office to delay or interfere with
the mail but, in practice, it would be very hard to persuade
them to do this.
D. Chinese Seamen
E.
(1) Foreign aeamen on ships visiting British ports do
not go through the normal immigration procedure.
The practice is for the Immigration Officer to give
permission to all members of the crew to land and
the way in which this permission is used is then
left to the Captain. The Immigration Officer can,
however, declare any person to be "undesirable"
and refuse him permission to land. Strangely
enough, he then has the power to detain that
It does person on shore until the ship sails. not appear that the
No comments yet.
Private notes are available after approval.