HC Deb 20 December 1968 vol 775 cc502-3W
Mr. Newens

asked the Secretary of State for Foreign and Commonwealth Affairs what are the terms of Regulation 31 of the Hong Kong Emergency (Principal) Regulations which permit the detention of any person for periods of up to one year without trial.

Mr. Whitlock

The following is the text of Regulation 31 of the Hong Kong Emergency (Principal) Regulations:

31.—(1) The Colonial Secretary may by order under his hand direct that any person named in such order shall be detained for any period not exceeding one year in such place 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 constitute a quorum.

(3) The functions of any such Committee shall be to consider, and make recommendations to the Colonial Secretary with respect to any objections against any order made under paragraph (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 in which objections against such an order as aforesaid may be made to such a Committee of Review, and such rules shall contain 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 authorised 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.

(8) Where an order is made under this regulation against a person to whom an order under regulation 37 or 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 in connexion with any place of detention specified in any order made under paragraph (1) or (6) and as to the discipline of persons detained therein.

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