Reference..
See (9)ow HWB 14/41 Kagged.
Mr. Carter
2.
The proposal in (2) is likely to present difficulties.
Persons are at present being detained in Hong Kong:
(a) under the Deportation of Aliens Regulations
(Emergency Regulations)
(b) under section 31 of the Principal Emergency Regulations
Detentions under (a), which affect only aliens, pending the making of the necessary arrangements for their deportation, are not likely to present difficulties. In any event the number of persons so detained, has decreased from thirty four (on 27 December, 1967) to six (on 29 May) and may now well be
even fewer than this.
3.
Detentions under (b) are in a different category. We do not know for certain, but we assume that most if not all of these persons are British subjects. And the number so detained has increased from twelve to forty-six over the same period: This could lead to awkward questions being put to Ministers here. We accordingly briefed Mr. Mason on this subject just before he left on his present visit to Hong Kong, (he was due to arrive there on 15 June for about a week's stay) and we asked him to try and ascertain the intentions of the Hong Kong authorities as regards this category of detaineess and in particular to try and get some idea of how long it is likely that persons in this category will continue to be detained. It may well be that Mr. Mason has discussed the matter in Hong Kong with Mr. Roberts.
4.
1200
The International Commission of Jurists ("Justice") have been criticising the Hong Kong Emergency Regulations for some time. In August 1967, they wrote to the Colonial Secretary, Hong Kong, expressing their alarm over various Emergency Regulations which had been brought into force, and in particular over "the power of detention given to the Colonial Secretary". This must, I think, be a reference to Regulation 31 of the Principal Regulations and indeed this is made clear by their accompanying memorandum in which they level a series of criticisms at this particular Regulation and suggest a number of amendments which they consider should be made to it. Lord Shepherd discussed these representations briefly with Mr. Roberts and the Chief Justice on his visit to Hong Kong last October. The latter undertook to consider the various points raised by Justice and then to write semi-officially either to Mr. Rushford or to Sir Arthur Grattan-Bellew. So far I know, no communication has yet been received from them on the subject but it may be that they have written in connection with the Public Order Ordinance
see para. 5 below. The local representatives of Justice sought an interview with Lord Shepherd while he was in the Colony, but time did not permit him to grant it.
as
-
5. The Hong Kong Public Order Ordinance, enacted earlier this year, also gave rise to a great deal of criticism from Justice. But I cannot recall whether they made any representations specifically about Regulation 31 of the Principal Emergency Regulations. The papers are with Sir Arthur Grattan-Bellew.
6. All the above information is slightly off the specific point raised in (2), but it is very relevant. It appears from (2) that the Hong Kong authorities have no intention of releasing, in the near future, persons detained under Regulation 31.
20.6.
جه
(OVER)