SECRET
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Reference....
Background to the use of the Governor's powers
of deportation and detention
3.
These administrative procedures are commonly used where, for security reasons, or because of the nature of the aliens activities, it is undesirable or impossible to bring the person before a court. In Hong Kong administrative procedures are used to deal with two distinct categories
of undesirable aliens:
(a) Agents of the C.P.G. or Taiwan authorities
engaged in intelligence, subversive or
sabotage activities;
(b) Criminals against whom it is impossible to
obtain a conviction in open court owing to
their ability to intimidate witnesses. Such
criminals are in the main, members of Chinese secret societies (Triad societies) which
have a long and evil reputation in Chinese society and which are able to strike terror
in the Chinese population to such an extent
that few will cross, much less testify against
them in open court. The Triads are not
averse to violence when the opportuni ty
occurs and took a prominent part in the
Kowloon riots in 1956. Their main activities
i.e. extortion, protection, narcotic traffick-
ing etc., are those for which evidence for
Ca
a prosecution is particularly difficult to
obtain without the co-operation of their
victims.
Both categories have presented a serious threat to security
and law and order in Hong Kong since the early 1950s and
consequently the Governor has relied rather more than usual
on his powers of summary deportation to deal with the menace
they present.
Administrative procedures
4. Under the present administrative arrangements which were introduced in 1962 an enquiry by an independent tribunal
known as the Deportation and Detention Advisory Tribunal is
necessary before a deportation or detention order may be made by the Governor in Council. The Tribunal is composed
of a president who is a judicial officer and two independent
SHEORET
/members