PERSONAL
ર
CONFIDENTIAL
SAVINGRAM
From the Governor, Hong Kong
To the Secretary of State for the Colonies
Repeated to:-
No
Repeated to:-
Date 17th April, 1962
6/3231/59
No ..7.97......................
No
My Reference
CR L/M 35/62
Your Reference FED 370/400/01
Onch 43/20
E
Your savingram No 64 of 11th January, 1962.
The Rule of Law in Hong Kong.
Although no specific review has been undertaken of the legislation
enacted under the Emergency Regulations Ordinance (Chapter 241 of the
Revised Edition of the Laws of Hong Kong), as a matter of principle I
have kept constantly in mind the desirability of either dispensing with
such legislation or incorporating it into the substantive law; and where
possible opportunity has been taken to achieve this end. From Appendix
"A" attached you will see that in Items 2, 6, 8, 13 and 15 there has
been either revocation or incorporation.
2
When this action is completed (which should in no case be later than the
end of this year) there will be left only the following:
(a) The Emergency (Requisition) Regulations, 1949 (GNA 167/40); (b)
Emergency (Detention Orders) Regulations, 1956 (GNA 104/56,
as amended); and Emergency (Review of Detention Orders) Rules, 1956 (GNA
108/56, as amended);
(c) The Emergency (Principal) Regulations, 1949 (GNA 277/49,
as amended) (see paragraph 4 below).
Of these (b) requires further comment here. The intention is that the
Executive Council will shortly be invited to consider revoking these
Regulations and Rules and replacing them by new Emergency (Deportation
and Detention) Regulations.
3
Under the draft of these new Regulations (which will not apply to
summary deportation cases, i.e. under section 3(1) of Chapter 240) an
undesirable alien may be deported or detained by order of the Governor
in Council only after his case has been referred to and reported on by
an independent tribunal presided over by a Judicial Officer (or other
legally qualified person) appointed by the Chief Justice. It is also
intended that the present "long procedure" inquiry made under section 4
of the Deportation of Aliens Ordinance, Chapter 240, by the Secretary
for Chinese Affairs, other than the specific inquiry into the fact of
the undesirable's alien status, be replaced by an investigation
conducted by the new independent tribunal, which will also consider and
report on the necessity for detention before a Detention Order is made
in any particular case.
Further safeguards include provisions which will ensure that a person
arrested under a Deportation Warrant may not be held in custody for
longer than 14 days except pursuant to an order of the Tribunal.
Provision is also made for legal representation
before the Tribunal, with its permission.
4
The Emergency (Principal) Regulations, 1949, are in a special category
in that they are designed to be available to meet
a full state of emergency. Only the Regulations specified in
Appendix "B" are presently in force by order of the Governor made under
CONFIDENTIAL
/regulation ...
}
#
regulation 137.
-2-
CONFIDENTIAL
I propose to review the necessity to keep any of these
Regulations in force, in view of the ease with which they can, if
necessary, be restored to force in an emergency, and I shall report the
action taken as soon as possible.
5
Law before the Courts.
The JUSTICE report in commenting on the use of emergency powers asserts
that wide use is made of these powers "in the course of the
administration of justice" in Hong Kong. This I understand to mean, from
the context, the enforcement of the ordinary Criminal
The "murder trial which occurred over a year ago" may
refer to the murder of a Chinese in the Walled City on 24th July, 1959.
There is no question whatsoever of any person having been detained under
energency powers for the purpose of securing his attendance at this
trial as a witness for the prosecution, and I know of no evidence to
support such a statement in regard to any other trial. I wish to
emphasize that in no way are emergency powers being employed to enforce
the Criminal Law before the Courts and, further, that there is no law of
any kind in the Colony which authorises detention of prosecution
witnesses for the purpose of securing their attendance at trials.
6
The "two Ordinances dealing with the deportation of aliens and
undesirables" (page 2, line 23 of the Report) probably refer to the
Deportation of Aliens Ordinance, Chapter 240, and the Expulsion of
Undesirables Ordinance, Chapter 242. The propriety of having legislation
similar to the former on any country's Statute Book cannot be seriously
challenged, and the latter was repealed by Ordinance 43 of 1961. If, on
the other hand, the references are to the Emergency (Detention Orders)
Regulations, 1956, and Rules, 1956, then, while I agree that the
existence of such legislation is always a matter of grave concern,
prevailing conditions in Hong Kong must be regarded as sufficient
justification for the retention of such powers.
If the deportation of Chinese criminals to China were generally
practicable, the need to detain such people would lapse.
With regard to the allegation at the bottom of page 2 of the JUSTICE
report that the "detainee in those cases faces the formidable task of
having to defend himself unaided against charges the exact nature of
which he does not know", I invite reference to section 43) of the
Deportation of Aliens Ordinance, Chapter 240, and the Fourth question
set out in Form 2 of the First Schedule thereto. This question reads as
follows:
"It is alleged against you that
Have you anything
to say in answer to this charge or any reason why you should not be
deported ?"
There is also rule 4 of the Emergency (Review of Detention Orders)
Rules, 1956, which applies to periodic review of the case of a detainee.
7
With regard to jurors, it was formerly the case under section 7 of the
Jury Ordinance, Chapter 3, that a person might be required to serve on a
jury by virtue of his employer certifying that he had a sufficient
command of the English language. This is no longer so, as section 7 has
now been repealed. The new procedure is laid down in section 8 which
provides a method of screening in that the Commissioner of Registration
has an opportunity of interviewing all persons applying for identity
cards to assess whether they have a sufficient knowledge of English. In
practice it has been found that only 0.5% of persons applying for
identity cards eventually come on to the jury lists. There are indeed
cases where aliens qualify for jury service under section 4 of the Jury
Ordinance and serve as jurors. Consideration has been given to exempting
all aliens from Jury Service, but in view of the number of persons who
already qualify for exemption, it has been thought that there would be
practical difficulties in exempting all aliens, as jurors with a good
/ knowledge
CONFIDENTIAL
по зае
CONFIDENTIAL
knowledge of English are already too few.
falls far more often on jurors than it does, for example, in the
Jury Service already U.K. and any
extension in the categories of exemptions must therefore be fully
justified before being granted.
8
9
The Chief Justice has commented as follows :
"The writer (of the JUSTICE report) appears to accept the view that the
present arrangements for hearing appeals is as satisfactory as can be
expected. (As regards the appointment of a Judge with commercial
experience,) it is quite recognised that the nature of their work may
result in certain officers who are appointed to the Bench having gained
their experience predominantly on the criminal side, but I would point
out that, in Hong Kong, officers appointed to the Supreme Court from the
District Court will already have gained considerable experience of
commercial cases, even if cases of comparatively small value, from their
work in that court, which is principally concerned with litigation of
this nature.
So far as I know, there has been no obvious indication that lack of
commercial experience has caused any substantial difficulty in cases
heard in the Hong Kong courts in recent years.
With a sound grasp of general legal
principles and a knowledge of men and affairs, both of which are
normally possessed by our Judges, it has, I think, proved possible to
deal with such commercial
matters as come before us in a reasonably satisfactory
manner.
11
New rules have just been made by the Chief Justice and approved by
resolution of the Legislative Council, for legal aid in criminal cases,
under section 9 of the Criminal Procedure Ordinance, Chapter 221. These
are published as GNA 15/62. The effect of these will be to replace the
existing rules and orders relating to legal aid in criminal cases by
rules designed to enable legal aid to be granted upon application in all
criminal cases in the Supreme Court and criminal appeals to the Full
Court, where it appears to the committing magistrate or a Judge of the
Supreme Court, or to the Full Court as the case may be, that the
applicant has insufficient means to obtain such aid for himself and the
case is one involving a capital charge, or is such that in the interests
of justice, the accused ought to have legal assistance. The question of
legal aid in civil cases is now under study by a committee appointed by
me.
Ade
cc:
Hon AG RSC
CP
DR (for D/ER)now CR. .4/3231/59)
<Item
1
2
る
5
6
7
85
APPENDIX "A"
Changes made (if any) since 1955.
Title
Prevention of Cholera Regulations, 1938
Emergency (Importation of
Milk) Regulations, 1938
Emergency (Requisition)
Regulations, 1949
Emergency (Royal Navy) (Police Powers) Regulations, 1949
Emergency (Anti-Aircraft
Gun Practice) Regulations, 1949
Emergency (Special
Constabulary) Regulations,
1950
Emergency (Arms and Ammunition Ordinance, 1933) (Amendment) Regulations,
1950 and 1952
Summary of provisions
These Regulations prohibit absolutely or only with permission the sale
of certain foods likely to spread cholera.
These Regulations authorise the requisition of land or articles in the
public interest (regulations 3 and 4), and empower the Governor to
authorise the use of land for military or police purposes (regulation
6).
Under these Regulations, "Commanding Officers" and "Commissioned
Officers" (both are defined) have the powers of a police inspector for
the purpose of enforcing the "appropriate laws" (regulation 3), and
"Commissioned Officers" have power to open fire by way of warning
(regulation 4) and to stop a vessel that has refused to stop (regulation
5) for the like purpose. The "appropriate laws" are the Immigration
(Control and Offences) Ordinance, 1958, The Merchant Shipping Ordinance,
1953, and regulations made under The Emergency Regulations Ordinance
(Chapter 241).
These Regulations empower the Commander, Royal Artillery, to authorise
anti-aircraft gun practice over the whole Colony.
These two sets of Regulations respectively (a) exempt from the Arms and
Ammunition Ordinance
(Chapter 238) a member of the Essential Service Corps to whom arms are
issued by the Commissioner of Police; and
(b) increase, from ten years to life imprisonment, the maximum penalty
that may be imposed on conviction, on indictment, of any offence under
the Arms and Ammunition Ordinance.
Revoked in 1960.
1
Revoked in 1959
Changes made (if any) since 1955.
Revoked in 1960
Item
9
10
11
12
Title
Emergenoy (Registration of British Subjects) Regulations, 1951
Emergenoy (Exportation) (Miscellaneous Provisions) Regulations, 1951
Emergency (Defended Areas) Regulations, 1961
Emergency (Immediate Resumption) Regulations, 1952
Emergency (Essential Supplies) Regulations, 1952
-2-
Summary of provisions
Only regulations 3 and 4 of the se Regulations are now in force.
Regulation 3(2) empowers the Director of Commerce and Industry and duly
authorised officers to require any person having possession, custody or
control of an article the export of which is prohibited except under a
licence to deposit the article in a designated place. Regulation 3(1)
contains ancillary provisions authorising the Director of a duly
authorised officer to require any person to deposit a "chattel" in a
designated place for the purpose of ascertaining whether or not it is an
"article". Regulation 4 prohibits the removal of a deposited article
except with permission.
Under these Regulations, once an area has been declared a Defended Arca,
the installation in or around the area of a "dangerous thing" is
permitted. These Regulations applied originally to an area of the Colony
north of the Walled City (Tung Tau Village, which was destroyed by
fire). They provide for a modified application of the Crown Lands
Resumption Ordinance (Chapter 124) so as to enable resumption to be
effected immediately on the posting of a notice (for the purpose of
rehousing the homeless). By the Emergency (Immediate Resumption)
(Amendment No 2) Regulations, 1952, they were applied to agricultural
land in Kowloon Tsai (for the like purpose), and by the Emergency
(Immediate Resumption) Regulations, 1953, they were applied to the Shek
Kip Mei area (also for the like purpose).
These Regulations provide for the issue by the Director of Commerce and
Industry of certificates to the effect that strategic goods to be
imported into the Colony are required for local use.
1
R
Title
Item
13
The Emergency Resettlement Regulations, 1952 - 1954
Emergency (Importation and
14
Exportation Ordinance)
(Amendment) Regulations, 1954, 1955.
1953,
-3-
Summary of provisions
The 1953 Regulations made various modifications to the Importation and
Exportation Ordinance (Chapter 50). The 1954 and 1955 Regulations
amended the modified application of the Ordinance effected by the 1953
Regulations.
Changes made (if any) since 1955.
Formerly, this was one of the most important matters dealt with by
emergency regulations.
All the
emergency legislation was revoked in 1958 by the Emergency
(Resettlement) (Rescission) Regulations, 1958 (see the Schedule to the
Regulations) and replaced by the Resettlement Ordinance, 1958 and the
Resettlement Regulations, 1958.
Revoked in 1960
15
15
13
16
17
Emergency (Public Health (Sanitation) Ordinance) (Amendment)
Regulations, 1953 Emergency (Agricultural Poisons) Regulations, 1955
Emergency (Detention Orders) Regulations, 1956, and Emergency (Review of
Detention Orders) Rules, 1956
The
These Regulations prohibit the possession, purchase, import or use of
certain agricultural poisons except under a licence. The poisons to
which the Regulations apply are certain organic phosphorus compounds
originally produced for war purposes but since developed for use as
insecticides. Regulations were introduced following upon a number of
fatal poisonings in both persons and animals. These Regulations provide
for the detention of an undesirable alien where a deportation order
issued against him cannot be enforced, and the Rules provide for a
periodic review of the case of a detained person.
PEROSUNAG
Item
1
Title
Emergency (Principal) Regulations, 1949
APPENDIX "B"
Regulation in force
Regulation 21. Unlawful possession of apparatus used or intended to be
used for wireless transmission
Regulation 25. Prohibition of the posting or distribution of documents,
etc. inciting to violence or counselling disobedience of the law.
Regulation 26. Power to prohibit printing, sale, etc. of document, etc.
of the kind specified in regulation 25.
Regulation 34. Power of the Commissioner of Police to declare an area to
be a special area for the purpose of preventing malicious injury to
person or property.
Regulation 36. Power of the Colonial Secretary to direct by warrant that
any person in police custody (whether under the Emergency (Principal)
Regulations or otherwise) to be detained in or transferred to or from
any prison or police station or any similar place authorised by him,
until dealt with in due course of law.
Regulation 37. Power of the Commissioner of Police to make restriction
orders, that is to way, orders prohibiting a person from being in a
specified area of the Colony, requiring a person to notify the
Commissioner of his movements, prohibiting a person from possessing or
using specified articles or imposing restrictions upon a person in
respect of his employment or business or in respect of his association
with other persons or his activities in relation to the dissemination of
news.
Regulation 50. Power of the Governor to give directions prohibiting a
ship or aircraft from entering or leaving the Colony or requiring a ship
or aircraft to leave the Colony within a specified time.
Regulation 50A. Power of the Governor to order detention of vessels,
aircraft or vehicles or classes thereof.
Regulation 51. Power of the Governor to prohibit a ship or aircraft from
victualling or refuelling or being repaired in the Colony.
Regulation 57. Power of the Governor to prohibit or restrict the use of
Colony waters.
Regulation 58. Power of the Commissioner of Police to close, or restrict
use of, roads, to regulate the transport of any person in a train, tram
or other vehicle and to control movement in Colony waters.
Regulation 65. Power of police officer or member of Her Majesty's Forces
to require vehicles to stop, to search them where there is suspected to
be evidence of the commission of an offence under the Regulations and to
seize evidence of the commission of such an offence.
/Regulation 67 ...
Item
Title
→2→
Regulation in force
Regulation 67. Power of the competent authority, in the public interest,
to requisition property
other than land.
Regulation 67A. Power of the Commissioner of Police, in the public
interest, to commandeer property other than land.
Regulation 109. Persons injuring, or doing anything calculated to injure
or to prevent proper working of, public buildings or utility or
essential services to be guilty of an offence.
Regulation 117. Prohibition of the carrying or possession of an
offensive weapon, other than a firearm, in circumstances indicating that
it has been used or is about to be used.
Regulation 118. Persons prohibited from consorting with, or being in
company of, a person who, without authority, is carrying or in
possession of arms, ammunition or explosives in circumstances indicating
that they are about to act, or have recently acted, with such other
person in a manner prejudicial to the public interest.
Regulation 119. Failure to report that another person is carrying or is
in possession of arms, ammunition or explosives without authority to be
an offence.
Regulation 120. Consorting with or harbouring a person about to act or
who has recently acted contrary to the public interest to be an offence.
Regulation 124. Robbery, larceny or malicious damage in a destroyed,
damaged or evacuated closed area or protected area to be punishable with
life imprisonment.
Regulation 125. Interfering with or damaging means of communication or
transport to be an offence.
Regulation 126. Power of the Governor in Council to proscribe
organisations.
I
:
CR 6/5251/59 II
Dear
19th July 1962
86
We recently discussed the need to retain certain of the Emergency
(Principal) Regulations. I had not then to hand the comments which the
Attorney General sent up on these Regulations in another connection some
months ago.
I have precied them and a copy is attached.. I do not think there is
much point in meeting as I previously suggested until your D.S.B. has
got his side of things completely sorted out. Perhaps you could take up
the comments listed in the attachment with the Legal Department direct
before coming back to the Secretariat with detailed recommendations.
C. J. R. Dawson, Esq.,
Senior Superintendent of Police
Police Headquarters
Arsenal Street
HONG KONG
(A. J. Shepard)
OUT
3059
"
1917.
CONFIDENTIAL
1
2
E
эт
bm ..:
Colonial Secretariat.
Telephone... 95,02
MEMO
To....Hon...A.D.
in...
AGO/1/4/135/57 (T.6.2/62).
Your Ref:
Date......... 9th Au ust 1962
My Ref:.
(87)
in..
CR 6/223/50 II
-
Emergency (Principal) Regulations 1949
Reference your memo of the 26th January 1962 in which you mado certain
preliminary comments on the need to retain in operation certain of these
Regulations.
2.
-
It is clear from discussions between the Defence Brinch and the Police
that we can not afford to lose the powers which the Roqui:tions confor,
wh ther they are in operation or "on lee". However, as you have
aupgested, there appears to be no reason why much of these acqulutions
cummot be incororuted into substantive legialetion. Ind ed, I sus, cut
that some of the Regulations now in op ration are already aequately
covered by substantive logislation. For exemple, Regulation 109
Malicious Danogo to Public Buildins and Utilities. If you a rec,
therefore, the way now seems clear for a detailed examination of the
Emergency Regulations siąc by side with existing substantivo legislation
so that we on do away with as much as possible of the former. As a
prolinimry you may find it desir ble to discuss this matter with the
Defence Brunch and the Folice. Perhaps you could appoint a Crown Counsel
to contact the Assistant Tofonoe Secret: ry and Ir. Dawson of Police
leadquarters with a vicu to getting this sorted out as curly as
possible.
3.
There is one further point which comes to mind: There is at the moment
no provision in the Racrgency Regulations for taking ordera out of
operation. It is easy enough to brin: thom in by oxler of the Governor,
but regulation 137 does not provide for their return to "ice". I spoke
to Mr. McRobert about this before he went on le vc cnd he mentioned that
the Governor has the power to "amend or suspend" his ordera un'er the
interpro- tation Ordinence Scution 116, but it was 'r. ckobert's view
"nd I areo with it that this is not really adequate. It seems that wo a
cẻ to bear in ind the nood to add cnother sub-section to le, ulution 137
to speed y that "The Governor may remove from op ration any Rouletion(s)
or part thereof" in orer to make these Regulations completely
self-contained.
NS
LS
o.c. C.P. (7)
(A. J. Sho,hord) for Colonial coretery
3346
9/8
1
>
JA
From ...
Legal Department.
Telephone........ 95219
Date 11th September, 1962.
Your Ref:
My Ref:
CONTTIENTIAL
ΜΕΜΟ
To Hon. C.S. (Attn: Mr. Shephard).
CR6/3231/5911 dated 9.8.62.
in.. 60 14435/57 AGO/8/1250/62
Emergency Regulations
87
With reference to your memo, I have been asked by Hon. A.G. to take up
the job of revision of the Emergency (Principal) Regulations 1949,
promised in paragraph 4 of 85 Savingram No. 797, dated 17th April, 1962.
2.
I have also been asked to take up the question of Emergency
Regulations generally, with a view to either revocation or incorporation
in the permanent law. The following Emergency Regulations, still in
force, appear to concern you:-
3.
Emergency (Royal Navy) (Police Powers) Regulations, 1949. Emergency Arms
and Ammunition Ordinance, 1933) (Amendment) Regulations, 1950 and 1952.
tthis
As soon as I have briefed myself on this subject, I would welcome
a conference with you and a representative of the Commissioner of
Police.
C.C.
C.P.
5944
10219
приидентли
(W.S.W. Davidson)
Crown Counsel.
CONFIDENTIAL
CR 2/3221/62
1866
CONFIDENTIAL
1.13231157
(60)
10th September 1962
Sir,
I have the honour to refer to paragraph 3 of my savingram
85 No 797, dated 17 April, 1962, and to report to you upon the action
which I have taken since then to replace the Emergency (Detention
Orders) Regulations, 1956 (GNA 194/56, as amended), and the Emergency
(Review of Detention Orders) Rules, 1956 (GMA 109/56, as amended).
2
It may help if I outline the background to this action. As you are
aware, the previous arrangements arose from two circumstances the alien
secret society menace, and the refusal of China and Taiwan to receive
back their criminal nationals whom we wished to deport. During 1960 a
Working Party of officials had sat with the following Terms of
Reference:
"To review the existing arrangements for deportation
and detention, both legal and administrative, and to make
recommendations for improvement; with a view to achieving the maximum
degree of just dealing consonant with the need to preserve peace and
good order in the Colony; coupled with the maximum attainable
administrative simplicity".
The direct and very considerable defects in the system then in force
were
(a) the delays between the initial arrest of alien persons
under the provisions of section 4(1) of the Deportation of Aliens
Ordinance, Chapter 240, and their ultimate appearance before the
Committee of Review appointed under regulation 5 of the Emergency
(Detention Orders) Regulations, 1956; and
(b) the cumbersome precautionary procedures involved, which included the
regular and detailed references (including periodic reviews of the whole
of each case) to a very large number of people, including my Executive
Council.
The Working Party in its report sought to contract and simplify all
these procedures, through a development of the Committee of Review. The
report itself is of no direct interest now, since it envisaged the
permanent establishment of special procedures under the substantive law,
including a deliberate relaxation of the normal rules of evidence.
3
It was my opinion that, notwithstanding the cogent and persuasive
arguments which the Working Party had adduced in favour of making
provision once and for all in the substantive law of the Colony to deal
with a situation which, though probably now unique in the dependent
Commonwealth, is only too likely to burden this Colony indefinitely, it
would be politically unwise to attemptto introduce correctives by means
of the substantive law at the present time. Accordingly, the decision
was taken to seek new and betar provisions, adhering as far as possible
to the principles and traditional methods of English law, but still
using the provisions
/ of
THE RIGHT HONOURABLE
DUNCAN SANDYS, MP
CONFIDENTIAL
:
2
2
CONFIDENTIAL
-2-
of the Emergency Regulations Ordinance, Chapter 241, thereby emphasizing
the unusual nature of the problem and ostensibly treating it as
temporary only, pending the eventual destruction of the alien secret
organizations and restoration of normal deportation facilities; a
culmination which, though it is impossible officially to envisage, is
important to keep in the public view. In April, 1961, the Executive
Council, after studying the report of the Working Party, advised me that
consideration should be given to the setting up of an Advisory Tribunal,
(with power to enquire into and report upon the facts relevant to the
undesirability of an alien), to which all proposals for deportation
under the Deportation of Aliens Ordinance should be referred, except
such "political" cases as I certified to be unsuitable for such
procedure. There has, in fact, never yet been any difficulty in
deporting Chinese aliens taken in acts of espionage or subversion, since
it is presumably understood by all concerned that those who sent them
will receive them back if the necessity arises. After careful
consideration by the Executive Council of all the arguments and
circumstances I was advised to make the Emergency (Deportation and
Detention) Regulations, 1962, which, as you will have seen, were
published in Supplement No 2 to the Hong Kong Gazette on 8 June 1962, as
GNA 50. For convenience I attach a copy to this despatch, and would draw
your attention to the Explanatory Note. You will have observed that,
contrary
to what was said in paragraph 3 of my above quoted savingram, provision
has been made for legal representation before the Tribunal of the alien
concerned, without any necessity to obtain the President's leave. It is
perhaps appropriate at this point to record that, before giving this
advice, the Council confirmed the opinion, having regard to the
following considerations
(a) that undesirable aliens of evil character whose country
of nationality refused at present to accept their return, in opposition
to the law of nations accepted by civilized countries, were present in
the Colony in dangerous numbers; and
(b) that those persons were largely responsible for the menace to peace
and good government which the continued existence of the triad societies
and of the narcotics traffic represented; and
(c) that there was usually great difficulty in dealing with
triad cases and some narcotics cases through the Courts, and furthermore
that even in cases where there was evidence which secured a conviction
it was still almost impossible to get rid of the convicted alien person
on his release from gaol
the present occasion should be considered an occasion of public danger
under the provisions of section 2(1) of the Emergency Regulations
Ordinance.
4
The new regulations received some publicity, which emphasized the
continued need for the power to detain, pending deportation, certain
aliens whose presence at large in the Colony was contrary to the public
interest and represented a menace to peace and good order, as long as
their deportation remained for any reason impracticable. Press reports
pointed out that one of the main objects of the new regulations was to
introduce into such cases an independent Tribunal. presided over by a
judicial officer, which would make recommendations to the Governor in
Council on whether there were grounds for the issue of a deportation
order in the first place, and further on whether, if deportation was
impracticable, the alien should be detained, Emphasis was also laid on
the change which transferred from the Governor to the President of the
new Tribunal the authority to issue periodic warrants for the continued
further detention of an alien whilst enquiries were being made into his
case,
Editorial comment
was uniformly favourable and no critical public reaction has come to
notice.
CONFIDENTIAL
15.
....
COIDETIAL
-3-
5 The Chief Justice appointed a Puisme Judge to be the first President
of the Deportation and Detention Advisory Tribunal, thus showing clearly
that he shared my views of the importance and status of the new body.
Discussions then took place between the Attorney General and the
President on the necessary administrative arrangements before the
Tribunal could begin its work. At this stage the
Commissioner of Police pointed out that, in all the cases likely to be
put to the Tribunal, there was a very real danger of intimidation or
reprisal if the identity of witnesses became known to the alien
concerned or his accomplices; he also considered that the Tribunal
should be entitled, if it thought fit, to receive evidence that would
not be admissible in Court. These difficulties had not arisen in respect
of the earlier Committee of Review, as the procedure adopted by the
Committee permitted witnesses to be heard in the absence of the
detainee,
The President then expressed reservations on whether, under the
regulations as made, he would feel able to relax the strict rules of
evidence; and, relative to the possible confrontation of the alien
concerned with the witnesses against him, expressed some doubts on
whether he would be empowered to waive the rules of natural justice in
No comments yet.
Private notes are available after approval.