CONFIDENTIAL
CYPHER/CAT A
IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE
TELEGRAM NUMBER 191
CO IDENTIAL
210
YOUR TELEGRAM NO. 236: LETTER FROM J. ALLO.
TO CANBERRA
211 TOP COPY
10 MARCH 1969
(HKD 1/12)
09 PARAGRAPH 2 OF OUR TELEGRAM NO. 184 WAS INTENDED TO DEAL WITH POINTS RAISED IN LITTON'S LETTER OF 2ND DECEMBER, THE POINT OF PRINCIPLE RAISED BY REAR AND LITTON IS FULLY APPRECIATED BUT THE FACT IS THAT EMERGENCY LEGISLATION MUST OFTEN PROVIDE, IN A SITUATION AFFECTING THE SECURITY OF THE STATE, ADDITIONAL POWERS FOR THE EXECUTIVE AND DEROGATION FROM THE NORMAL PROCEDURES OF THE RULE OF LAW. TO THE EXTENT THAT THIS HAS BEEN NECESSARY IN HONG KONG THERE ARE MORE THAN ADEQUATE SAFEGUARDS AGAINST THE MISUSE OF THOSE POWERS.
"
2. IT SHOULD ALSO BE NOTED THAT THE VIEWS EXPRESSED BY REAR AND LITTON DO NOT, REPEAT NOT, REPRESENT THE GENERAL VIEWS OF THE PUBLIC IN HONG KONG, WHO FULLY REALISE AND ACCEPT IN THE CIRCUMSTANCES THE NEED FOR THE VESTING OF SUCH POWERS IN THE EXECUTIVE, INCLUDING THE POWER OF DETENTION CONFERRED BY REGULATION 31. THIS HAS BEEN CLEARLY INDICATED BY CORRESPONDENCE IN THE HONG KONG PRESS INCLUDING LETTERS FROM THE PRESIDENT OF THE HONG KONG LAW SOCIETY AND MEMBERS OF THE LEGAL PROFESSION IN THE COLONY.
3. THE MAJORITY OF EMERGENCY REGULATIONS HAVE ALREADY BEEN DISCONTINUED AND, NO NEW DETENTION ORDERS HAVE BEEN ISSUED SINCE APRIL 1968. THIS ACTION HAS BEEN MADE POSSIBLE IN PART BY THE FACT THAT ORGANISED VIOLENCE HAS CEASED: BUT THE POWER OF DETENTION UNDER REGULATION 31 MUST CONTINUE SO LONG AS IT PROVES NECESSARY, IN THE INTERESTS OF SECURITY, TO RETAIN PERSONS IN DETENTION,
4. YOU MAY MAKE DISCREET USE OF ANY OF THE ABOVE INFORMATION.
STEWART
DEPARTMENTAL DISTRIBUTION
H.K. DEPT.
F.E. DEPT.
GUIDANCE DEPT.
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