}
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
-------------
JE
www
CLOSED
UNTIL
1999
C.O.R. 7.
i
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
·
募
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
See Illa
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Your minute below. Plse
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(2) on FET) 76/nodor altached.
Many
22/2
thanks
ARR.
24.2.
Mr. Bose K 30/3
Mr. Rela
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(4)
In dre
course (after 28/3)
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within should be submitted to Me White
Live 24/3
for information,
zipel
4th.
L
Visit of 1.8 of 8. to Hong Kong
70) 455/402/07 Orgon
to
Bu.
5.11th Janway 66
one month to Kiv.
DUR). 12.
2 Extract from Notes of discusion at Arout. House
-
on FZD 455/400/67
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