Page
Page
fhagva Flag B
Flag C
FUND
Flag B
Flags A and
332
TOP SECRET
Secretary of State
Minister of State
Reference. Wisc
4637
Req.
A
(356)
Neunw
Lose
27/7
The Acting Governor of Hong Kong seeks authority in his telegram No.1061 to bring into force Regulations 29, 30 and 31 of Part III of the Emergency (Principal) Regulations conferring powers of detention without trial.
2. These Regulations should be distinguished from the Emergency (Deportation and Detention) Regulations which have been in force since 1956. As explained in the Background Note attached, the latter Regulations provide for the continued detention of aliens whose deportation
has been ordered but has proved impracticable. They were designed to deal with known criminals (e.g. members of
"Triad" Secret Societies and of gangs operating illegal immigration rackets and engaged in the narcotics traffic)
whose return China and Taiwan have usually refused to accept.
A quasi-judicial tribunal advises on the initial detention
orders and reviews the continuation of such orders at regular
intervals; detainees may be legally represented before these
tribunals. These Regulations have not been used for cases involving security or intelligence matters (e.g. those detained for espionage on behalf of China or Taiwan). It
has always been possible to deport such people and, for the
protection of sources and information, it would not in these
cases be desirable to go through the proceedings laid down
under these Regulations. In fact, the Governor has power to
certify such cases as unsuitable to be dealt with under these
Regulations.
J
32
3. The Emergency (Principal) Regulations Nos. 29
which the Acting Governor now wishes to bring into force,
are the usual special powers of detention assumed by
governments in times of war or other emergency. The
procedure for which they provide is less formal than that
described in paragraph 2 above. Persons, whether aliens or
not, can be detained for any period up to one year. A person detained under the Regulations may make objections against
his detention to a Committee of Review.
4. The Acting Governor explains in paragraph 2 of his
336 33 telegram No.1061 and in a further telegram No.1086 why he
wishes to assume these powers. The most important reason is that he must have the power to detain, when necessary, any
No comments yet.
Private notes are available after approval.