TNAG-0112-FCO40-148-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 89

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12. As regards (b) Far Eastern Department continue to stress that

prisoners in Hong Kong are, from the Chinese point of view, the

crux of Sino-British relations. They believe that the release of

the remaining detainees, while unlikely of itself to secure the

release of Mr. Grey and other British subjects, would improve the

atmosphere and help towards a solution of outstanding problems.

13. As regards (c) there has been some correspondence on this

subject in the Press, originated by legal circles in Hong Kong.

Parliamentary interest in the detainees has taken the form of a

series of Farliamentary Questions concerned principally with the

details of detention and with the procedures and facilities available

to detainees for the review of their cases. They have been answered

without difficulty. The need to take the power of detention to deal with the situation confronting the authorities in 1967 has not been queried. Its retention today (after violence has ceased for over a year) in order to provide for the continged detention of a few "hard core" militant communists is not likely to be widely

questioned provided this is justified solely on the threat they

personally pose to security and no grounds are given for public

supposition that detainees are perhaps being held as political pawns or as hostages for communist good behaviour. A major difficulty arises in answering the question why these people cannot be dealt

with in the courts. The essential point is that detainees against

whom admissible evidence could be obtained of involvement in

specific offences would have been charged and tried in the Courts. They have been detained under emergency powers because such evidence of direct participation in illegal acts has not been forthcoming, although it has been known on reliable information (some of which comes from delicate sources which must be protected), that they have

played a part behind the scenes in planning and organising such acts. We cannot say all this publicly, but there has been no disposition so far to press the Questions asked on this point.

/ 14.

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