Ref: AGO/5/3/1250/67S
SECRET
2
ATTORNEY GENERAL'S CHAMBERS
HONG KONG
3rd June, 1968.
2/6/
Х
1968
Sir James McPetrie, K.C.M.G., O.B.E.,
Commonwealth Office,
Downing Street,
LONDON, S. W. 1.
Dear Hamish,
LAST
REE.
REX!
Hong Kong Emergency Regulations.
22
I have been asked by the Government to write to you about our Emergency (Principal) Regulation 31, a copy of which is attached.
As you will see, paragraph (1) of the regulation only allows the Colonial Secretary to make an order for detention for a period not exceeding one year.
I have advised the Government that the wording of that paragraph is such that I do not consider that it would be proper for a detention order to be renewed. However, although I do not think that renewal is proper, I have also advised that there would be no objection in law to the Colonial Secretary making an entirely fresh order, at the end of the first year of detention, provided that the whole process which is necessary for the initial order is gone through again.
I am given to understand that the security situation here is such that it is unlikely that we shall be able to release more than a few of those who are being held in detention for a considerable time without a substantial risk to our internal security.
In these circumstances, the Government is contemplating an amendment to paragraph (1) of regulation 31 so as to extend the maximum period of detention which the Colonial Secretary can order to a longer period than one year.
Such an amendment can be made by the Governor in Council by regulation and no reference back to the Secretary of State is strictly necessary. However, it is fully realised here that the power of detention is one which can cause the Commonwealth Office considerable political difficulty.
It is therefore felt that I should sound out the reactions of the Commonwealth Office on a demi-official basis before the Government here decides whether or not an amendment of this kind should be made.
I expect to be arriving in England for a short leave during July and suggest that we might perhaps have. a discussion about this problem then.
I will write you a separate letter about possible dates and about or two other matters that I should like to take the opportunity to mention.
one
HW√22/25
Jours
ever,
Deny?
(D.T.E. Roberts) Attorney General!