HONG KONG BAR ASSOCIATION
Anthony Royle, Esq., M.P.,
5 -
26th November, 1968.
the Hong Kong Government's intention that persons be detained on political grounds on charges being laid and "their cases being most carefully examined by law officers" then legal provisions can and should be made to this effect. If the Hong Kong Government's attitude is that such provi- sions are no longer necessary because the emergency has passed then the Emergency Regulations ought to be repealed forthwith.
Furthermore, the Government even before Regulation 31 was proclaimed has had powers of detention over non- British subjects. These powers are exercisable under the Emergency (Deportation & Detention) Regulations which came into force on 27th July 1962. As far as one could judge (in the absence of information by the Hong Kong Government on the matter) the majority (if not all) of the detainees hela under Regulation 31 are non-British subjects and there- fore could have been dealt with under the Deportation & Detention Regulations. Detention under the Deportation & Detention Regulations is however subject to review by a Tribunal and it may be that the Hong Kong Government feels its case for detention is so weak that it could not justify its actions before the Tribunal. As far as the Bar Committee can judge, reasons or security cannot be a justification for not referring the matter to the Tribunal as the Tribunal is required in any case to act in camera and is entitled to receive evidence in the absence of the detainee whose case is being required into.
A
Yours faithfully,
(Henry Litton)
Secretary
Anton
Hong Kong Bar Association