3. The two latest Questions on this subject seem to be based on
distaste for the continuation in being of the power to detain without
the need to bring cases before the Courts on specific charges.
Emergency powers do involve a departure from the normal legal
processes. In Hong Kong the application of these powers is tempered
by the following measures:
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(a) Careful examination by the Law Officers of each case
before the detention order is made;
(b) the reasons for detention are communicated to each detainee;
(c) the Committee of Review procedure for hearing the detainee's
objections to his detention.
The Committee of Review is a statutory advisory body which is
required to be set up for the purposes of Regulation 31 of the
Emergency (Principal) Regulations.
It makes recommendations to the
Colonial Secretary; it has no judicial functions but its
recommendations are not lightly disregarded. Each case is carefully
examined by the Law Officers before a detention order is made. The
reasons for detention are given to the detainee. At the discretion
of the Committee of Review, the detainee may present his objections
through Counsel, Solicitor or other agent.
5. The essential point is that detainees against whom admissible
evidence could be obtained of involvement in specific offences would
have been charged and tried in the Courts. They have been detained
under emergency powers because such evidence of direct participation
in illegal acts has not been forthcoming although it has been known,
on reliable information (some of which comes from delicate sources
which it is essential to protect), that they have played a part behind
the scenes in planning and organising such acts.
/ 6.