TOP SECRET
INWARD TELEGRAM
TO THE COMMONWEALTH OFFICE
(The Secretary of State)
FROM HONG KONG (O.A.G.)
Cypher
D. 26 July 1967 R. 26
12
0500Z
IMMEDIATE
TOP SECRET
No.1113
09335
354
ཏཱ་
Following for Galsworthy.
Begins.
(332
236
My telegram No.1061 and No.1086.
Confrontation.
We have now been holding 20 persons for periods ranging from five to twelve days under warrants issued under section 5(1) of Cap.240. Limited extensions for further enquiries are
permissible under section 5(2) but sooner rather than later it will be necessary to put these cases to Executive Council for the making of deportation orders. We shall then be faced with attempting deportation and if it fails as seems likely reference to the tribunal for detention proceedings.
2. Use of the tribunal procedure involves very great security objections.
First, it means we cannot fully interrogate the detainees for the best intelligence dividend. Secondly, it means that the evidence before the tribunal will be very limited as we cannot afford to introduce Special Branch evidence before it. The effect could only be to detract from the whole purpose of the tribunal procedure.
3. The use of Cap.240 and the tribunal procedure furthermore makes action against Hong Kong born communists impossible.
40 The bringing into operation of Regulations 29, 30 and 31 of the Emergency (Principal) Regulations is the only effective way of meeting these very great difficulties. The Committee of review will be carefully selected and responsible body and the rules provide that the detainee may be represented by a lawyer or agent in lödging his objections to detention. The issues before the Committee are, however, simple and the security of our intelligence sources can be preserved.
5. In the situation as it now stands I do not expect the numbers likely to be involved to exceed the 30-40 referred to in paragraph 6 of my telegram No.1084. If we cannot act in this way and we are unable to effect deportation under the existing regulations we shall have a broken weapon in our hands.
7. The question is now urgent and I should appreciate your very early decision.
(Passed to D.S.A.0. for Commonwealth Secretary and
Far Eastern Dept., Foreign Office)
Distribution:
P.S. to Minister of State
Sir A. Galsworthy
Mr. W.S. Carter
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Ends.
SPECIAL CARE
26 JUL 1967
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