TNAG-0356-FCO40-392-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 17

CO

FIDENTIAL

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situation at that time in Hong Kong was in fact a

public emergency threatening the life of the nation" within the terms of the Convention, such as justified special restrictive measures and, provided that this was accepted, he was prepared, albeit reluctantly, to have the Convention applied to Hong Kong.

The situation has

changed since then and it is less easy to maintain that there exists such a state of emergency at the present moment although, as we all know, it is always possible one could arise with little or no warning. In making the Deportation and Detention Regulations we used the formula "an occasion of public danger" and this I regard as a fair assessment of the position today.

I think, therefore, that there is a probability that if challenged our detention legislation would be held to be in conflict with the Convention. Bearing this in mind I have further considered whether we can accept the risk of such a challenge and the subsequent abandonment of this legislation and have reached the conclusion that we cannot safely do so.

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We are at present applying this legislation to Chinese aliens in three categories only those engaged in triad society activities, in narcotics trafficking, and in illegal immigration rackets. All three are vicious and dangerous threats to the security of the community. By the very nature of these rackets conviction of the leaders in the courts is almost impossible to obtain. The immense influence for peace and good order that the detention of these leading criminals has is out of all proportion to the very small number actually detained. So long as the Chinese People's Government refuses to accept these people back and we are unable to deport them, there is no alternative in our view to the retention and use of this legislation, however distasteful in principle it

may be.