DETAINEES (Right to see Solicitor)

Mr Lee Kuan Yew asked the Chief Secretary what right the Government has in preventing the following persons now under detention at Changi Prison under the Preservation of Public Security Ordinance, namely, the Member for Bukit Timah, Messrs. Devan Nair, Fong Swee Suan and James Puthucheary, from seeing their solicitor.

Mr S. T. Stewart: Sir, section 3, subsection (3) of the Preservation of Public Security Ordinance (No. 25 of 1955) provides that every person detained in pursuance of an order made under the provisions of subsection (1) of that section shall be detained in such place as the Chief Secretary may direct and in accordance with instructions issued by the Chief Secretary. The Chief Secretary allows detainees to interview their legal advisers if he is satisfied that the interview is sought solely for the purpose of obtaining professional legal advice on purely legal matters. It follows that detainees are not allowed to see their legal advisers if the Chief Secretary is not so satisfied. No exception to this rule has been made in the case of the detainees mentioned in the question.

Mr Lee Kuan Yew: Sir, is the Hon. the Chief Secretary seriously suggesting that he must first satisfy himself what is in the mind of the detainee when he wants to see a solicitor?

Mr Stewart: Sir, the Chief Secretary has a discretion to allow visits by people to detainees, and previous experience has shown that political discussions took place on some such visits.

Mr Lee Kuan Yew: Does the Chief Secretary not recognise the fact that under the present law in this Colony, every citizen has an inalienable right to seek legal advice and assistance from an advocate and solicitor of the Colony?

Mr Stewart: That is agreed, Sir. We have not denied that right. Detainees can see their solicitors if the Chief Secretary is satisfied.

Mr Lee Kuan Yew: Why was the Chief Secretary not satisfied in these cases?

Mr Speaker: That is a matter of opinion.