TNAG-0018-FCO40-54-Kowloon-disturbances-1967 — Page 14

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members selected from a panel. During the initial enquiry

by such a tribunal, detention is ordered by the President. The alien whose case is being enquired into is entitled to be heard in the course of the tribunal's enquiry and to be represented before the tribunal by counsel. The normal procedures of a court are followed as far as possible, the

major difference being that witnesses are permitted to give evidence in the absence of the detained person or his

counsel, in order to protect them from reprisals should

their identity become known to the detainee or his

associates.

5. In those cases where a person is detained because a

deportation order cannot be carried out the circumstances

are reviewed annually by the Advisory Tribunel and their

recommendation is considered by the Governor in Council.

6. During the 1962 review consideration was given to

the continuation of the Governor's powers of detention

under emergency regulations. It was then advised by the Executive Council (and accepted by the Secretary of State)

that the activities of the narcotics syndicates and Triads

societies constituted "an occasion of public danger"

justifying the retention of such powers. It was also agreed that while it was not possible to foresee when the powers

of the Triads societies would be destroyed and or normal

deportation facilities for criminals restored, it was

important that the Governor's powers of detention should

remain a temporary measure and not be incorporated in the substantive law of Hong Kong. The Governor emphasised that his emergency powers were in no way being employed to replace the criminal law of the colony. His intention was that, wherever possible, criminal proceedings should be instituted

in the normal way and instructions have been issued to

this effect. All proposals for deportation under administra- tive procedures are referred to the Advisory Tribunal except those "political" cases referred to in paragraph 3(a) which the Governor certifies as unsuitable for such procedure. The Advisory Tribunal is charged with advising the Governor in Council on two main points: i.e. whether they consider

that there are good grounds for making a deportation order against the alien concerned; and whether, if deportation is not practicable, it would be contrary to the public interest that such person remains at large in the colony.

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