TNAG-0112-FCO40-148-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 217

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16. The Governor argues with some cogency (paragraph 8 above) that release under supervision orders (whether they prove effective or are ignored) lessens the possibility of detainees resorting once again to mischief, helps to reduce the risk involved in their release and accordingly makes it possible to contemplate earlier release. But it does carry the risk of a Chinese reaction. The imposition of the order on detainee No. 15 has been denounced in the Hong Kong Communist press as "fascist persecution"; but this is making no more than propaganda use of the subject. It is possible that much more might be made of the re-arrest and imprisonment of a detainee who had breached his order. The latter risk, however,

seems a slight one in view of the Governor's stated intentions on the operation and enforcement of these orders (paragraph 8 above). There is a further point which the Governor has not mentioned but has no doubt considered. The systematic flouting of these ordera must bring them into some disrepute and might be seen (and acclaimed) as overt acts of defiance of the Government's authority, producing uneasiness perhaps in Hong Kong public opinion. But this would not be the first time such orders have been breached (there are pre-confrontation examples) and as acts of defiance these would be comparatively minor affairs. I think we can safely assume that the Governor has carefully assessed this factor when formulating his proposals. On balance, I consider that the advantages of supervision orders, particularly the prospect opened up of dispensing with the power of detention that much sooner, outweigh the disadvantages.

Conclusions

17. Since the discussions on 13 December, 1968, there have been no developments to justify any change in the policy at present being pursued by the Governor whereby he keeps the individual cases of detainees under regular and frequent review, with a view to their release as soon as they are no longer regarded as a threat to security. There would be advantage in using police supervision orders wherever possible to advance the date of release.

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18.