TNAG-0080-FCO40-116-Public-Order-legislation-1967 — Page 10

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

timing of the publicstion of the legislation gave inadequɛte

notice. It was in fact published nearly six weeks before its

anactment which is considered to be adequate time for any

representations to be made.

Fowers of Detention

The Gove: nor has summary powers to detain aliens pending

deportation. These powers are normal and internationally

accepted; in Britain they are exercised by the Home Secretary,

In addition the Governor has powe a to order continued

detention of aliens whose deportation is impracticable.

are necessary in Ron, Kong because of the refusal of China to accept

the return of known or convicted criminals.

These

The powers are of

particular importance in ecmbatting the sotivities of Chinese

criminal and secret societies whose evil influence in the communi ty

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

against them in open court. Their main activities are extortion,

protection rekete and narcotics trafficking. The powers have also

been used in the recent ezergency to curb the violent activities

of those local communists who are not British subjects.

The cases of all persons in detention under these powers are

reviewed at periods of not more than twelve months.

(For the Ministeria om information. Nobody has been detained under

these powera for longer than two years;

but this is

information which the Governor has specifically asked us not to make public).

In the present mergency the Governor has brought into force

Regulation 31 of the Principal Amergency Eegulations empowering

the detention of British subjects without trial in the publie

interest for a pe lod not exceeding one year. This is the usual

special power assumed by Governments in times of emergency.

These powers of detention are directed against those few

persons in the Colony who are organising the present campaign of

/terrorism ...

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