CO 1030/1737 Emergency (Deportation and Detention) Regulations, 1962 UK concern at indefinite period of detention without trial





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SECRET

FILE PERIOD

FAR EASTERN DEPARTMENT

1966-1968

PART

FILE NUMBER

L8

FILE NUMBER

FED 96

6/4/50/01

PART

FILE TITLE

Detection without Trial

Hoy Key

Detention's and Delainces

4631 Mr. Reed.

H631 HASH (Po 7631 Mr Read

1631 Mi Corter

1631

......

135

INDEX HEADINGS

Hong Kong

FED

76/400/01

184

201070/17373

19/4 CO

WS.C $1-6256

-------------

 

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CLOSED

UNTIL

1999

C.O.R. 7.

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to sofs

Extract from ders White's report

on

how visit

mit to

to Hong Kong. SECRET

26.

us

Visit of 4.5.&.8. to Hing thong

Hith. 1d January 1966

in

Under Emergency Regulations the Governor has power to detain, without bringing to trial, aliens engaged in criminal activities whose deportation has proved impracticable (neither Communist nor

Nationalist China will accept common criminals). The powers are

used only in respect of aliens engaged in organised crime (e.g. traid societies, drug trafficking) against whom it is impossible to

proceed by way of due process of law because of intimidation of

witnesses.

The cases of such detainees are reviewed regularly by

an Advisory Tribunal headed by a judge. A detainee is released

when the Governor is satisfied that the risk of his taking up his

old associations and resuming his former activities is an

activiti

¿

Extract to

FED 76/400/4

acceptable' one.

27. There are 23 detainees at present, none of whom have been.

detained for more than 2 years. The longest that any person has

been held under these powers', is 2 years 3 months.

!

28. The necessity for these powers remains (ip is reviewed annually)

But the Indefinite na

nature of the term of detention,

/while

It has

while useful as a deterrent, is awkward to defend. therefore been agreed (and the Governor will send a written undertaking to this effect) that a full report will be furnished

to the Secretary of State in any case where detention for more than 3 years is proposed.

L

T

201

CONFIDENTIAL

at

Extact fear Noterys decussion of

!

Government House Monday

10.1.66

Orgon F21 455/400/on

Emergency (Deportation & Detention) Regulations (Item 2)·

3.

Mrs. White said that the necessity for these measures were appreciated but that they were always open to criticism. The most objectionable features were that the Tribunal was only advisory and that the detainee could be kept in dctention indefinitely. She enquired whether it would be possible to impose a statutory time limit.

4.

The Attorney General said that it would be possible in law to set a time limit. The 1959 orking Party did recomiend a maximum of five years but the Governor in Council considered that five years was too long and in any casc appeared to be too similar to a sentence of imprisonment. The Executive Council consequently preferrcd the present formula; i.e. that the detainee should be detained until his deportation could be effected or his release in the Colony could be tolerated. It was necessary to protect the public from undesirable characters and to keep them out of circulation. It was important that the detention should not be regarded as a punishment. The indefiniteness of the period of detention also had some value as a deterrent. The test was the likelihood of the detaince resuming the activities that had brought about his detention; this was related to the length of time during which he had been separated from his associates and changes in circumstances in the neighbourhood, etc.

5.

Mrs. White said that the Colonial Office appreciated our difficulties but wished to be in a defensible position if this matter became subject to criticism in Parliament.

6.

His Excellency the Governor agreed to write giving an assurance to the Secretary of State that, if any detainee was detained for longer than three years, a full report would be furnished.

7.

The Commissioner of Police thought that in most cases release after three years could probably be tolerated but that if a specific period was known

the Triad societies might well await the detainee's release in order to resume their undesirable activities.

F CONFIDENTIAL

76/400/07 (66-8)

COLONIAL Secretariat FILE

NO.

SCR 1/2706/58-

No.

Sir,

CHIF

REGISTRAKS UN'E

?: FEB 1966

COLONIAL Calc

בי

GOVERNMENT HOUSE.

HONG KONG,

14 February, 1966

I have the honour to address you on the

subject of the Emergency (Deportation and Detention) Regulations, 1962, with special reference to the period of detention of aliens against whom detention orders are made under regulation 12.

2.

During her recent visit to Hong Kong

Mrs. Eirene White, M.P., Parliamentary Under Secretary of State, indicated concern that under these Regulations detention orders were of indeterminate duration and that no statutory time limit was imposed. She enquired, inter alia, whether some provision to limit the period of detention could not be introduced into the legislation.

3.

I am advised that it would be possible in law to set such a time limit and that when the Regulations were first under consideration in 1959 a maximum period

This, of detention of five years was in fact proposed. however, was not adopted because it was considered, first, that as a general rule the period of five years was too long (although it was then thought that in rare cases it might be necessary) and, secondly, that it gave an undesirable and misleading impression of similarity between detention and a sentence of penal imprisonment. Accordingly, the present formula was agreed upon, under which the alien is detained until either his deportation can be effected or his release in the Colony can be tolerated in the public interest. The test applied is whether the detainee is likely to resume the activities

This is which brought about his original detention. dependent on a number of factors and not only on the length of time during which he is separated from his associates. Each case is, of course, reviewed at intervals not exceeding twelve months.

4.

In general, it is considered unlikely that circumstances will require any alien to be detained beyond

THE RIGHT HONOURABLE

THE EARL OF LONGFORD

FAR EASTERN 22 FEB 1966

1

LEGAL

22FEE

CONFIDENTIAL

4

CONFIDENTIAL

-2-

three years and none has in fact been detained for so long a period under these Regulations. I understand, however, that it might assist you to meet possible public criticism of the Regulations if I were to report to you the full circumstances of every such case that may arise.

5.

     Accordingly and as agreed with Mrs. White, I propose to report at once to you the full details of any case in which it has been considered to be in the public interest to detain any individual under these Regulations for a longer period than three years and to explain in full the reasons why continued detention is believed to be necessary. In all such cases I would arrange administratively for reviews to be undertaken at periods not exceeding six months, instead of the statutory twelve months, and I would report again after each such review.

I have the honour to be,

Sir,

Your most obedient, humble servant,

Shunch

GOVERNOR

CONFIDENTIAL

·

CONFIDENTIAL +

From the Governor, Hong Kong

SAVINGRAM

To the Secretary of State for the Colonies

No.

473

I

Repeated to:-

Repeated to:-

No.

No.

Date

March 1966

My Reference Temp> 25/65

Your Reference

63657

Emergency (Deportation and Detention) Regulations,

1962.

Further to telegrams ending with your 2015 of 26.11.65 and my 1409 of 29.11.65, you will wish to know that at the meeting of Executive Council held on 22.2.66, Council advised that the release in the Colony of the six persons concerned could now be tolerated. I accepted the advice of Council, and they have accordingly been released.

FAR EASTERN -19 MAR 1966

CONFIDENTIAL

3.4.14/4.

Mr. Rushford

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thanks

ARR.

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