TNAG-0110-FCO40-146-Detainees-and-prisoners-following-19671968-disturbances-1968 — Page 64

3. The two latest Questions on this subject seem to be based on

distaste for the continuation in being of the power to detain without

the need to bring cases before the Courts on specific charges.

Emergency powers do involve a departure from the normal legal

processes. In Hong Kong the application of these powers is tempered

by the following measures:

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(a) Careful examination by the Law Officers of each case

before the detention order is made;

(b) the reasons for detention are communicated to each detainee;

(c) the Committee of Review procedure for hearing the detainee's

objections to his detention.

The Committee of Review is a statutory advisory body which is

required to be set up for the purposes of Regulation 31 of the

Emergency (Principal) Regulations.

It makes recommendations to the

Colonial Secretary; it has no judicial functions but its

recommendations are not lightly disregarded. Each case is carefully

examined by the Law Officers before a detention order is made. The

reasons for detention are given to the detainee. At the discretion

of the Committee of Review, the detainee may present his objections

through Counsel, Solicitor or other agent.

5. The essential point is that detainees against whom admissible

evidence could be obtained of involvement in specific offences would

have been charged and tried in the Courts. They have been detained

under emergency powers because such evidence of direct participation

in illegal acts has not been forthcoming although it has been known,

on reliable information (some of which comes from delicate sources

which it is essential to protect), that they have played a part behind

the scenes in planning and organising such acts.

/ 6.