}
Mr. John Tilney, M. P.,
5
It
28th November, 1968.
assume
هم
emergency powers in times of emergency, attempts by the Hong Kong Government to justify the exercise of those powers in terms of regularity when the emergency ·
If it is has passed must give cause for great concern. 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such provisions are no longer necessary because the emergency has passed then the Emergency, Regulations ought to be repealed forthwith.
As far as one
Furthermore, the Government even before Regula- tion 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. could judge (in the absence of information by the Hong Kong Government on the matter) the majority (if not all) of the detainees held under Regulation 31 are non-British subjects and therefore could have been dealt with under
Detention under the Deportation & Detention Regulations.
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 Dar Committee can judge, reasons of 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.
cont.