4. While there is no objection at the present time to naming the remaining detainees (as the Governor says in paragraph 4 of Hong Kong telegram No. 69), I do not advise conceding the principle of publication in any way, because we may need to resist publication on some future occasion for the reasons set out in paragraph 3.
These are not reasons we can make public; nor is it open to us to claim in general terms that publication is withheld on "security grounds", when in fact the families of the detainees are told what action has been taken and can give it what publicity they
choose.
5. In paragraph 5 of Hong Kong telegram 69 the Governor suggests we might rely on the proposition that publication of a detainee's name would be an infringement of the individual's rights. I have discussed this point with Legal Advisers. We cannot see what "right" of the individual, legal or otherwise, could be said to be infringed; and to rely on this would invite the retort that solicitude for this aspect of a detainee's rights was difficult to reconcile with the action taken to deprive him of his right to
liberty.
6. I recommend that we say quite baldly that it has not been the practice to publish and add, to avoid any impression that we are seeking to shroud detentions in secrecy, that the families are informed and are free to make what public use they wish of the
fact that their relatives have been detained.
W... Carter
(W. S. Carter)
Hong Kong Department
23 January, 1969
Copy to: Mr. Godden
23
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