TNAG-0195-FCO40-231-Emergency-regulations-and-orders-1969 — Page 73

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

2600027 C.S. 20A

CONFIDENTIAL

SAVINGRAM DESPATCH

From the Governor, Hong Kong,

To the Secretary of State for the Cabi

Foreign & Commonwealth Affairs

No.

70

GAME..

UFTIGE

No.

Repeated to:-

Repeated to:-

Date........

29 JAN 1969

No.

My Reference........

21st January, 1969. CR 6/3231/59IV

Your Reference

Emergency Legislation

The need to continue emergency legislation in force in Hong Kong is under regular review here, and, as discussed by me with Sir Arthur Galsworthy in London, I enclose for your information a tabulated statement showing the present position regarding the various items introduced in 1967 specifically to meet the Communist disturbances. This statement is in two parts; Part I lists Emergency (Principal) Regulations and other Emergency Regulations which it is not proposed to incorporate in permanent legislation, while Part II lists emergency legislation which has been or will be incorporated (in some cases in less stringent form) in permanent legislation.

2.

The only Emergency Regulations which it is proposed for the time being to keep in force, and which there is no intention to replace by permanent legislation, are the Detention Regulations, E(P)R 29 to 31. The reason for keeping them in force is that it is not for the present desirable to release the remaining five detainees, and it would be open to question to de-activate these regulations while at the same time keeping these men in detention. I am considering whether there is any possibility, when the time comes to discontinue these regulations, of amending them so as to go some way towards meeting the objection that they do not provide adequate safeguards for the individual, while at the same time ensuring that they can be effectively applied in need. Discontinuance would have to be accompanied by a clear assurance to the public that these powers can be revived again at short notice should the need arise.

Encl.

IML/mjc

RECEIVED IN ARCHIVES No.31

29 JAN 1969

HKK 14/20

6)

CONFIDENTIAL

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