TNAG-0112-FCO40-148-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 162

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

(ii) The powers under Regulation 31 need not even be exercised personally by the Colonial Secretary and may be delegated to some other officer-see Regulation 2(6) which applies the Interpretation Ordinance. Section 43 of

the Interpretation Ordinance provides that when powers are conferred upon a specified public officer such officer may delegate any other public officer to exercise such powers;

(iii) At no stage is a detained person told what

accusations are alleged against him.

(iv) When a detained person goes before a Com- mittee of Review he is permitted under Rule 4(3) of the

the Emergency (Committee of Review) Rules to submit “a statement of his objections against the detention order". It is difficult to imagine how he could formulate objections to the detention order unless he is told what accusations have been brought against him.

9. In the light of the points above-mentioned the Bar Committee wishes to make the following representations:

(i) Regulation 31 be amended and brought in line with Regulation 18B of the Defence (General) Regulations, 1939;

(ii) Alternatively, the Emergency (Committee of Review) Rules, 1967 be amended to require particulars of the reasons for a detention order to be given when a person makes objections to the Committee of Review;

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