TNAG-0112-FCO40-148-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 158

APPENDIX “A”

15th August, 169.1967.

The Hon. The Attorney-General,

Attorney-General's Chambers,

Legal Department,

HONG KONG.

Dear Graham,

Re: Regulation 31 of the Emergency

(Principal) Regulations

1. The Bar Committee views with some concern tne powers of arrest and detention conferred by Regulations 29(1), 30 and 31 of the Emergency (Principal) Regulations which came into effect on the 28th July, 1967 and wishes to make representations thereon.

2. The Bar Committee recognizes that, in times of emergency, considerations of public security might justify the conferment of exceptional powers on the Executive branch of Government and that to this extent the rule of law must of necessity be curtailed in Hong Kong. Whether such a state of emergency exists is a matter of Governmental deci- sion and on this aspect of the matter the Bar Committee wishes to make no representations.

3. The powers conferred on the Colonial Secretary by Regulation 31 are, however, very wide and in this con- nection the Bar Committee notes the following:-

(i) Regulation 31 does not specify the grounds.

upon which detention may be

be lawfully

ordered;

(ii) There is no requirement for particulars of the reasons for detention to be given at any stage.

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