TNAG-0112-FCO40-148-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 105

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

2

in a serion's

situation affecting The security of the

state,

the decision must therefore be his.

abese

are essentially the procedures laid down in

all Colonial emergency legislation

providing for the power of detention.

I fully understand the point of

principle raised by Mr. Litton, but the fact

is that in ite very essence emergency

often

legislation must provide additional powers for the executive and a derogation from the normal processes of the rule of law.

I am

entirely satisfied that to the extent this

has been necessary in Hong Kong there are more than adequate safeguards against any possibility of emergency regulations being used as "an instrument of oppression".

R

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