TNAG-0111-FCO40-147-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 139

John Tilney, M.P.,

3

28th November, 1968.

The fact that the powers have, as we are informed, been used sparingly does not make the exercise of such powers

any more lawful which, as the Bar Committee understands it, is precisely the point made in Mr. John Rear's letter.

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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 of 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 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 com- plete discretion to act without legal restraint of any sort and the citizen is left with no better safeguard than the hope that the Colonial Secretary might exercise

his powers benevolently.

a

Mr. Sedgwick's letter makes the further point

that "detainees have all had a chance to appeal to an

SO

cont.