TNAG-0195-FCO40-231-Emergency-regulations-and-orders-1969 — Page 23

In its original form it contained the power to detain ships or

aircraft, but not the power to detain persons therein.

There have been several instances of foreign military aircraft landing in Hong Kong without permission. In one case in 1956 a

Chinese Nationalist Sabre jet fighter landed at Kai Tak; there was a strong C.P.G. reaction. On that occasion doubt was expressed

in the Colonial Office whether the Governor had power under emergency regulations as they then stood to detain the aircraft indefinitely and it was thought that special legislation in Hong Kong might be necessary to put the legal position beyond question;

in

any event the Governor had no power at that time to detain the pilot. We told the Governor in March 1956 that he would be addressed

separately on the question of taking powers to facilitate in future the detention of crews of aircraft and ships as well as the vessels

themselves. In July 1956 the Governor was asked to consider making

a comprehensive regulation covering the detention of aircraft, vessels, crews and passengers whenever it appeared to him "to be necessary or expedient in the public interest" to do so. was asked at the same time to consult the Secretary of State before making use of these powers. Regulation 51 was accordingly made. In 1958 a Chinese Nationalist bomber landed at Kai Tak without

warning claiming engine trouble. As a result of this case the Governor stated that he was experiencing considerable difficulty in using his powers of detention because of the need for prior consultation with the Secretary of State. He accordingly proposed that he should be permitted to exercise those powers first and inform the Secretary of State immediately that he had done so.

was agreed.

He

This

In view of this history it would be difficult for us to argue

that the Governor does not need to retain executive powers of

detention in this field. Clearly there are circumstances in which

the substitution of a power of arrest might import an unacceptable element of delay regarding the action that needed to be taken.

I consider that these powers would be defensible if challenged and that we should accept their transference to permanent legislation.

16.