TNAG-0110-FCO40-146-Detainees-and-prisoners-following-19671968-disturbances-1968 — Page 78

CONFIDENTIAL

Mr. Morezon

Parliamentary Office.

The two attached Parliamentary Questions by Mr. Atkins

and Mr. Parkyn (the first for oral and the second for written

reply, both on Monday, 16 December) relate to emergency regulations

and detainees in Hong Kong. Two late notice Questions by

Mr. Royle on the same subjects were answered by written reply

on 10 December. These latter questions, however, did not raise

the question of the revocation of emergency powers of detention.

2.

Sixteen persons are at present detained in Hong Kong under

Regulation 31 of the Principal Emergency Regulations. (The

last five releases took place on 11 December).

Altogether

54 persons were originally detained, as being a danger to

security, during the recent Communist confrontation.

been released.

38 have

3. A number of the emergency powers taken at the time of

confrontation have already been dispensed with. The remainder,

including the power of detention under Regulation 31, will not

be retained for longer than the security situation requires.

4. The current Parliamentary interest seems to be based on

a doubt whether the retention of emergency powers can still be

justified; and if such powers are still required, on distaste

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

need to bring the case before the courts on a specific charge.

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:

(a) careful