CONFIDENTIAL
Mr. Morezon
Parliamentary Office.
The two attached Parliamentary Questions by Mr. Atkins
and Mr. Parkyn (the first for oral and the second for written
reply, both on Monday, 16 December) relate to emergency regulations
and detainees in Hong Kong. Two late notice Questions by
Mr. Royle on the same subjects were answered by written reply
on 10 December. These latter questions, however, did not raise
the question of the revocation of emergency powers of detention.
2.
Sixteen persons are at present detained in Hong Kong under
Regulation 31 of the Principal Emergency Regulations. (The
last five releases took place on 11 December).
Altogether
54 persons were originally detained, as being a danger to
security, during the recent Communist confrontation.
been released.
38 have
3. A number of the emergency powers taken at the time of
confrontation have already been dispensed with. The remainder,
including the power of detention under Regulation 31, will not
be retained for longer than the security situation requires.
4. The current Parliamentary interest seems to be based on
a doubt whether the retention of emergency powers can still be
justified; and if such powers are still required, on distaste
for the continuation in being of the power to detain without the
need to bring the case before the courts on a specific charge.
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:
(a) careful