FCO 40/111 Emergency regulations detention and deportation





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File No

14/20/2

PART

(N.B. The grading of this jacket must be the same as that of the highest graded document contained in it. The appropriate upgrading slip must be affixed when eg

SECRET

COMMONWEALTH

OFFICE

ITLE:

DEPF

WERE

126

1926

HONG KONG: LEGAL AFFAIRI:

EMERGENCY REGULATIONS:

DETENTION: DEPORTATION:

REFER TO

REFER TO

DEPT.

NAME

DATE

DEPT.

NAME

DATE DEPT.

REFER TO

NAME

DAT

IT

me leed 31/3

Read

A

Me Rushfew 17/1

 

2076

Din Kent #t Mr. Carte Nr. Gordon-Sm42 256 M. Rushford 25.6

Mmm Kent 2560 Mr Carter 2616 Mr. Gamerama 2016.

318

27/6

Mer Exminan 14/1

In Samciga 25/7

368

29

Mr Lamiar 9/8

Mr. Camina

12/8 12/8

Lolly

REGISTRY ADDRESS

Room No.

318

Curtis Green Building

DO NOT RETAIN FILES AND PAPERS UNNECESSARILY RETURN THEM TO REGISTRY FOR B.U. OR P.A.

FILE

OPENED

CLOSED

31/3/621

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FILE No.

B14/20

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SECRET

+kk Add A 10 A

ATA DE J

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PART

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FOLIO NUMBERS OF TOP SECRET AND SECRET DOCUMENTS IN THIS JACKET

FORMER FILES

FED 76 / 400/01 (1966-68 Detention without dicat, they thong

RELATED FILES

9

HWA 14/41 Emergency Regulation & Orders -Lezislation

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CONFIDENTIAL

Secretary of

State's limit.

}

Detention

Neeting with Senior Officials.

The Governor emphasised that it was important to keep

existing powers to detain, even though there was now only one person

in detention. These powers could be justified on the grounds that

they were used against illegal immigrants who were aliens and a

menace to public order in the Colony but whom China would not

accept back.

CONFIDENTIAL

RECEIVED IN

ARCHIVES No. 63

کون سات

Tad

UNA14/20

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with (

Hong Kong Registry

Please register the attached letters and

circulate urgently to Mr. Rushford.

Vilates to matus I propos & kisum with Si Orlow P.S. The than hitta repow to Mr Roberts is stils with nu

-

Sreha. Bills

this will

M. Lawrence

14 June, 1968.

Mr Carter.

Please

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(2).

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Sir Janus

Janus with wish

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cannot issue

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Mr Gordon Suits with awang

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Ref: AGO/5/3/1250/67S

SECRET

2

ATTORNEY GENERAL'S CHAMBERS

HONG KONG

3rd June, 1968.

|

2/6/

T

Sir James McPetrie, K.C.M.G., O.B.E., Commonwealth Office,

ARC

1968

Downing Street, LONDON, S.W.1.

Dear Hamish,

LAST

Hong Kong Emergency Regulations.

I have been asked by the Government to write to you about our Emergency (Principal) Regulation 31, a copy of which is attached.

   As you will see, paragraph (1) of the regulation only allows the Colonial Secretary to make an order for detention for a period not exceeding one year.

I have advised the Government that the wording of that paragraph is such that I do not consider that it would be proper for a detention order to be renewed. However, although I do not think that renewal is proper, I have also advised that there would be no objection in law to the Colonial Secretary making an entirely fresh order, at the end of the first year of detention, provided that the whole process which is necessary for the initial order is gone through again.

I am given to understand that the security situation here is such that it is unlikely that we shall be able to release more than a few of those who are being held in detention for a considerable time without a substantial risk to our internal security.

In these circumstances, the Government is contemplating an amendment to paragraph (1) of regulation 31 so as to extend the maximum period of detention which the Colonial Secretary can order to a longer period than one year.

   Such an amendment can be made by the Governor in Council by regulation and no reference back to the Secretary of State is strictly necessary. However, it is fully realised here that the power of detention is one which can cause the Commonwealth Office considerable political difficulty.

It is therefore felt that I should sound out the reactions of the Commonwealth Office on a demi-official basis before the Government here decides whether or not an amendment of this kind should be made.

   I expect to be arriving in England for a short leave during July and suggest that we might perhaps have a discussion about this problem then. I will write you a separate letter about possible dates and about one or two' other matters that I should like to take the opportunity to mention.

HWB22/25

2

Yours

einer

Derry?

D.T.E. Roberts Attorney General!

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F 24

[Subsidiary]

Fewer to order detention.

In fores

2/6/1

CAP. 241]

Emergency (Principal) Regulations.

(1964 Ed.

31. (1) The Colonial Secretary may by order under his hand direc that any person named in such order shall be detained for any period not exceeding one year in such lace of detention as may be specified by the Colonial Secretary in the order.

(2) For the purpose of this regulation there shall be one or more Committees of Review. The Chairman and members of any such Committee shall be appointed by the Governor. The Chairman and one other member of the Committee shall con- stitute a quorum.

(3) The functions of any such Committee shall be to con. sider, and make recommendations to the Colonial Secretary with respect to any objections against any order made under para- graph (1) which are duly made to the Committee by the person to whom the order relates.

(4) The Governor may make rules as to the manner ir which objections against such an order as aforesaid may be made to such a Committee of Review, and such rules shall con- tain provisions for enabling any person in respect of whom an order is made under this regulation to make objections against the order either in person or with the leave of such Committee of Review by counsel, solicitor or agent: and every such person shall be informed of his right to make objections under this regulation.

(5) All questions in any Committee shall be determined by a majority of votes of the chairman and of any member present and voting. In case of an equality of votes the chairman shall have a casting vote.

(6) The Colonial Secretary or any person authorized by him in that behalf may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person or persons detained under any order made under paragraph (1).

(7) Any person in the course of removal from one place of detention to another under paragraph (6) shall be deemed to be in lawful custody.

(S) Where an order is made under this regulation against a person to whom an order under regulation 37 er 38 is in force. the order under this regulation shall be deemed to replace such order.

(9) The Colonial Secretary may give orders or directions as to the internal management of and otherwise connexion with any place of detention specified in any order made under pare- graph (1) or (6) and as to the discipline of persons detained therein.

(10) Orders made under paragraph (1) may be cancelled by the Colonial Secretary or by any person auther red in that behalf by the Colonial Secretary by notification in the Gazette.

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Copy to: Mr. Carter

SECRET

21 June, 1968.

Casimy

ما

R. 32D

2

Hong Kong Emergency Regulations

Thank you for your letter of 3 June about this

subject. The issue is primarily one of policy and I

have therefore passed the letter on to Carter with whom

you should discuss it when you come to London. The

appropriate Commonwealth Office lawyer will, of course,

Join in the discussions as and when required.

Rak.

Ano

24.

6.

LAST

REF.

REXI

E..

(J.C. McPetrie)

The Honourable D.T.E. Roberts, O.B.E., Q.c.

15.63

+

AWS 14/20

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Reference......

4)

See (9)on HWB 14

14/41 Kagged.

:

Er. Carter

The proposal in (2) is likely to present difficulties.

2. Persons are at present being detained in Hong Kong:

(a) under the Deportation of Aliens Regulations

(Emergency Regulations)

(b) under section 31 of the Principal Emergency Regulations

Detentions under (a), which affect only aliens, pending the making of the necessary arrangements for their deportation, are not likely to present difficulties. In any event the number of persons so detained, has decreased from thirty four (on 27 December, 1967) to six (on 29 May) and may now well be

even fewer than this.

3.

We do

Detentions under (b) are in a different category. not know for certain, but we assume that most if not all of those persons are British subjects. And the number so detained has increased from twelve to forty-six over the same period: This could lead to awkward questions being put to Ministers here. We accordingly briefed Mr. Mason on this subject just before he left on his present visit to llong Kong, (he was due to arrive there on 15 June for about week's stay) and we asked him to try and ascertain the intentions of the Hong Kong authorities as regards this category of detainees; and in particular to try and get some idea of how long it is likely that persons in this category will continue to be detained. It may well be that Mr. Mason has discussed the matter in Hong Kong with Mr. Roberts.

4.

The International Commission of Jurists ("Justice") have been criticising the llong Kong Emergency Regulations for some time. In August 1967, they wrote to the Colonial Secretary, Hong Kong, expressing their alarm over various Emergency Regulations which had been brought into force, and in particular over "the power of detention given to the Colonial Secretary", This must, I think, be a reference to Regulation 31 of the Principal Regulations and indeed this is made clear by their accompanying memorandum in which they level a series of criticisms at this particular Regulation and suggest a number of amendments which they consider should be made to it. Lord Shepherd discussed these representations briefly with Mr. Roberts and the Chief Justice on his visit to Hong Kong last October. The latter undertook to consider the various points raised by Justice and then to write semi-officially either to Mr. Rushford or to Sir Arthur Grattan-Bellew. So far as I know, no communication has yet been received from them on the subject but it may be that they have written in connection with the Public Order Ordinance see para.5 below. The local representatives of Justice sought an interview with Lord Shepherd while he was in the Colony, but time did not permit him to grant it.

5.

-

The Hong Kong Public Order Ordinance, enacted earlier this year, also gave rise to a great deal of criticism from Justice. But I cannot recall whether they made any representations specifically about Regulation 31 of the Principal Emergency Regulations. The papers are with Sir Arthur Grattan-Bellew.

6. All the above information is slightly off the specific point raised in (2), but it is very relevant. It appears from (2) that the Hong Kong authorities have no intention of releasing, in the near future, persons detained under Regulation 31.

206.

(OVER)

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Record.

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Mr Center.

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12.8.68.

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