CONFIDENTIAL
NOTE FOR DISCUSSION WITH THE GOVERNOR OF
HONG KONG
FRIDAY, 13 DECEMBER, 1968
818
Annex A
Annex B
Emergency Regulations
Lord Shepherd indicated that he wished to discuss with the Governor, before the latter's return to Hong Kong on 15 December, the question of the continued retention of emergency powers in the Colony.
2. There has been correspondence in The Times and in Hong Kong newspapers centering on the justification and need for keeping the Emergency Regulations in force.
3. This correspondence has sparked off Parliamentary interest. Two questions by Mr. Royle were answered on Tuesday, 10 December. Two further questions have been put down for reply on Monday, 16 December. Interest centres largely on the power of detention and the position of the remaining detainees. One of the questions asks what action is being taken to withdraw the power of detention.
4. This paper presents the arguments for and against revoking at this juncture part or all of the emergency regulations introduced in connection with confrontation.
Background
5. Emergency Regulations are made in Hong Kong under a local ordinance (the Emergency Regulations Ordinance). Unlike the position in most other dependent territories emergency powers can be assumed in Hong Kong without the proclamation of an emergency. This is to suit the peculiar circumstances of Hong Kong where it has been necessary to assume emergency powers over lengthy periods. Some emergency powers have, in fact, been in force since soon after the communists came to power in China. An example is the Emergency (Deportation and Detention) Regulations introduced in 1956 to deal with the problem of alien Chinese engaged in criminal activity in Hong Kong whose deportation has been ordered but has proved impracticable because of China's refusal to accept the return of
(No persons are at present detained under these
known criminals.
Regulations).
this was
6. The bulk of the Emergency Regulations now in force were, however, introduced during confrontation last year. Some of them have since been withdrawn (e.g. regulations dealing with intimidation, the dispersal of assemblies and the prohibition of meetings); made possible by the strengthening of the substantive public order legislation. There remains in force a miscellany of regulations, including notably the power of detention under Regulation 31 of the Principal Emergency Regulations and such regulations as the Prevention of Inflammatory Posters Regulations, the Prevention of Inflammatory Speeches Regulations and the Firework Regulations.
7. The regulation which gives most cause for public conern is that which confers the power of detention without trial, which was assumed in July 1967 at the height of confrontation. Sixteen persons are at present detained under this regulation. Altogether fifty four
CONFIDENTIAL
/ persons