TNAG-0109-FCO40-145-Detainees-and-prisoners-following-19671968-disturbances-1968 — Page 33

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HONG KONG BAR ASSOCIATION

- 3.

26th November, 1968.

Anthony Royle, Esq., M.P.,

Mr. John Rear's letter.

In taking issue with Mr. Rear, Mr. Sedgwick states that while "detainees have never been publicly accused they have nevertheless all been accused and their cases were most carefully examined by law officers before Detention Orders were issued". The Bar Committee views with some alarm the fact that the Hong Kong Govern- ment seems to think that bland assurances or this sort could be a substitute for the rule of law. The evil of the Emergency Regulations is that it leaves it to the benevolence of the Hong Kong Government to observe the basic principles of the rule of law without making it a legal requirement. If it is indeed the intention of the Hong Kong Government that detainees should be told what accusations have been made against them and should have their cases "most carefully examined by law officers", then it is not beyond the ingenuity of the law office so to frame the Emergency Regulations that the basic rules of natural justice are required to be observed before Detention Orders become lawful. The very fact that the Regulations are not framed in this way tends to suggest that the Hong Kong Government reserves to itself a com- plete discretion to act without legal restraint or any sort and the citizen is left with no better safeguard than the hope that the Colonial Secretary might exercise his powers benevolently.

Mr. Sedgwick's letter makes the further point that "detainees have all had a chance to appeal to an independent committee of review". It is not clear whe-

ther the statement refers to the Committee of Review

i

cont.