TNAG-0004-FCO40-40-Departmental-briefs-about-Hong-Kong-1968 — Page 26

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Powers of Detention

The Governor bas sumary powers to detain aliens pending

deportation. These powers are normal and internationally accepted;

in Britain they are exeraised by the Home Secretary»

In ad^ition the Governor has powers to order contimed detention

of aliens whose deportation is impracticable. These powers are

necessary in Hong Kong because of the refusal of China to accept the

return of known or convicted ordainals. The powers are of particular

importance in combatting the activities of Chinese criminal and

societies whose evil influence in the commanity is such that it is

rarely possible to get witnesses to testify against them in open court 4 Their main activities are extortion, protection rackets and

narootics trafficking. The powers have also been used in the recent

emergency to aurt the violent activities of those local com unista

who are not British subjects.

The Gases of all persons in detention under these powers are

reviewed at periods or not more than twelve months.

(For the Minister'a own information. Nobody has been detained under these powars for longer than two years; but this is information which the Governor has specifically asked us not to make public).

In the emergency the Governor brought into force Regulation 31

of the Principal Suergency Regulations empowering the detention of

British subjects without trial in the publio interest for a period

not exceeding one year. This is the usual special power assumed by

Governments in times of emergency.

These powers of detection were directed against those few

persons in the Colony who organised the campaign of terrorisa

(including bomb incidenta) while carefully avoiding any action on

their own part which would bring them within the scope of legal

proceedings. On latest information there are 50 detainees. Publicity

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