TNAG-0004-FCO40-40-Departmental-briefs-about-Hong-Kong-1968 — Page 6

question was enacted in 1960 (1.e. long before the unilateral

declaration of indepen ence in that country).

Powers of Detention

The Governor has summary powers to detain aliens pending

deportation. These powers are normal and internationally accepted;

in Britain they are exercised by the Home Secretary.

These

In addition the Governor has powers to order continued

detention of aliens whose deportation is impracticable.

powers are necessary in Hong Kong because of the refusal of China

to accept the return of known or convicted criminals. The powers

are of particular importance in combatting the activities of

Chinese criminal and societies whose evil influence in the

community is such that it is rarely possible to get witnesses to

testify against them in open court. Their main activities are

extortion, protection rackets and narcotics trafficking.

powers have also been used in the recent emergency to curb the

violent activities of those local communists who are not British

subjects.

The

The cases of all persons in detention under these powers are

reviewed at periods of not more than twelve months,

(For the Minister's own information. Nobody has been detained under these powers 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 Emergency Regulations empowering the detention of

British subjects without trial in the public interest for a period

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

Governments in times of emergency.

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