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HKRS No.

163

D-S No.

1-2395

0000800

/634/39

4/22811/2

CONFIDENTIAL CR6/$251/57 Hd

CRE/SIS

Date opened

Department

SUBJECT

EMERGENCY

LEGISLATION

Maalim

File No.

ACR. 25/1470154

430111+0

LESISCATION)

SUBJECTS UNDER WHICH INDEXED

DEFENCE

CONNECTED PAPERS

Title

ت دعا

AREA

TRIELLEC

MELENCY REYS:

to me they menthay

RETURN TO

EBORDS OFFICE

OPEN

| St. = CR 312/64

सं

4-1

SeR. 1/7568/45.

BER. 2/2621168

CR 3285/5X

CKS

EXEESCALY PLANNING & INTEL

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EMERGENCY LEGISLATION - EMERG. POWERS ORDER IN COUNCIL 1939 1967 EMERGENCY REGULATIONS

2) MISC. DESPATCHES re Policy in Retection lysoimat Legistation

1968 REVIEW OF PUBLIC ODDER BILL

LEGISKATI V

Legislation tequi

ende time,it.

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Indicate below the TITLE of the officer to whom the file is being addressed

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Date

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31.5.60

7.91

MINUTE RELATING TO EXECUTIVE COUNCIL.

HAS BEEN REMOVED TO: COUNCILS DIVISION

AND IS NOW ENCLOSURE NUMBER:

IN FILE NUMBER: COU CR 5/1136/60

PROFORMA Al.

Page

Notes on Emergency (Principal) Regulations

D.S.

Ita. A.S.

A.D.S. 8.3.62.

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Als

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Page

52.

89 Copy of Despatel No. 1866 of 10.9 60 to Sots. 90 memo of 14.9.60 four Legal Dept.

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Mr Davidson will be sending of record i.d.

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Memo of 12.10.62 from Legal Dept.

95 luemo of 25 10.62 from hegal Dept.

99. meme of 26.10.62 from D.of luarine to hegal Dept.

Fon note on Revision of Emergency & Defence Regulations decked

30.10.62 from Crown Counsel.

Memo of 31.10.62 from Legal Department.

Memo of 31.10.62 from Legal Department of..G.

From D of Marine to hegal Dept.

103) Copy of

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Letter of 7.11.62 to Legal Dept. (Mr. Davidson).

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D.S

M.94

You last saw this file at M.93. A lot of work has been done since then, most of it by Mr Davidson. The раден

are rather voluminous and I

suggest that they need not be read

"full. Starting with preliminary discussions Davidson (Dawson / self at @1) their follows scruting item by item of all seemingly redundant enactmentes culminating in formal proposals at (113) putting forward draft Orders for HE in Council.

2) Departmental Mearance has been obtained

　　　clearing up operation and should I feel be got out of the way before you consider the major policy paper at (11) from ton A.G. The dreft X to memo and Orders floating

way affect policy.

in each case. This is a

in no

AIS

7/12 AK

M.95

D.C.S. (via Hon. A.G.)

We have far too much emergency legislation in force. Mr. Davidson and Mr. Shephard have undertaken

a review of it. The first fruits are in the draft Orders at (113)1 and (113)3, supported by Mr. Davidson's memo at (113). I think they've done a very good job on a pretty tedious undertaking, and now submit these dreft Orders with the draft X.Co. Memo floating.

I assume that the Marine Fish (Marketing) Ordinance will come into force on or before 18 December.

D.S. 12.12.62.

G. F. 82

File No.

CR6/3231/59 II. ..........

5355

D.C.S.

1. This memorandum has now been seen by Han A.G,

who has made various

alterations.

as regards para 2 of M.95, the Proclamation buniging the Manie fish (Mailleting) Ordinance uito operation is timed to comicide wilt these revocation orders, morided that

these orders get to Ex-Co

on Dec. 18th

2. How A. G. would like me to attend Ex-Co

for discussion of thers item

3. Stencils have been handed to Deply cleak.

of Comcils, and

file.

a copy attached to

w/w) missen.

Cam Carsel

13.12.62.

you

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Az. D.C.S.

3/14

Date de

13. DEC. 2

115 Memorandum for Executive Council XCC(62)102. For discussion on 13.12.62.

M. 27

ICR

action

then

Hon. C. S.

You wished to see the Schedules at (115)1 ard (115)2. Crown Counsel's covering Meno is at (113).

I attach a copy of the "efence Regulations 1940 as you may not have these ready to hena.

Thank you To

Als

17/13/1962.

117/12

Page.

116

EXTRACT OF EXECUTIVE COUNCIL MINUTES

NO 148

OF 1962

BL. 21/12 pl.

išfız

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memb

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118

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memo

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to. C. P

NFA

(1) Letter of 18.12.62. from Headquarters British Forces.

Memo of 31/12/62 from Legal Department

120,

D.S.

M.98.

x with ADS

(114) from the A.G. referred.

The file has been taken up with

the revocation of redundant legislation and I must therefore apologize for some delay in processing.

It isn't really possible to summarize (114). Paras. 2 and 3 state the gist of legal policy on this matter. We need to approve the implications of para. 3 in particular which puts our "temporary wartime and emergency legislation" into 3 categories and suggests the way in which each can be handled.

A.G. suggests:-

(a)

that of this legislation some has been shown to have a permanent peacetime application and should there- fore be incorporated into the permanent law.

I can find no possible objection to this and you will see that Davidson has done much of the spade-work on this already. From (90) onwards you will find re- cords of meetings Davidson/Dawson (Police HQ.)/A.D.S. which together with queries to individual heads of departments both assume this transfer of powers to the permanent law and clear the way for putting the transfer into effect.

There were a number of provisions which we were doubtful of incorporating into permanent law in- mediately because of the drafting problem, but A.G. has now assured us in the 2nd. part of para. 4 that he will have the necessary drafting done by 30th. June, 1963.

In view of the work already done I was doubtful of the value of circularizing all departments as A.G. suggests in para. 4, but I think now that this would be as well to avoid any loose ends. A draft circular ✰ floats.

0000820

G.F. 82

File No... CR

CR6 / 3231/59 I

Page

(b) that all temporary and defence legislation which

We have

has been or will be rendered obsolete by permanent legislation should be revoked. already (blest this policy with the revocation of (116) and I assume that it may continue.

which is not required to be in operation but which might be needed in an emergency should be held in draft form ready to be enacted if full emergency arises".

This is the most difficult point to be resolved. By the time we have acted on (a) above there will be no essential emergency powers that I can think of which are not covered by the Emergency (Principal) Regulations of 1949. There are two points here:- (1) these regulations can certainly be reduced. They are a hotch-potch cribbed mainly from Palestine and Malaya at a time when there was a need for most urgent legislation to cope with a lasting state of emergency. Thus they duplicate pieces of legislation already in force under the 1940 Defence Regulations, ((113)4 gives some idea of this duplicate cover). Certain E. (P)R's. either are now covered or can be covered in permanent legislation (see the comments pages 5 to 9 of (91)1).

(ii) there will always be a substantial mass of genuine emergency legislation, which cannot be covered in substantive legislation. A.G. argues that this should not be enacted but held in draft. He alleges both practical and juridical grounds for this, the former in that draft laws will make far easier amendment and revision and the latter in that draft laws cannot possibly become the whipping-boy of the jurist. At the moment it appears that we are fair game being the only Colony retaining emergency legislation on the Statute Book with no emergency (Paras. 6, 7, 8, 9 refer).

A.G. proposes that we revert to the normal colonial pattern of emergency legislation which prescribes that the Governor alone declares an Emergency and goes on to make such regulations as he thinks necessary under the 1939 Order-in-Council. But para. 10 (a) relates this only to what A.G. calls "full-scale emergency". He goes on to suggest that our Cap.241 should still be used to make regulations for a limited and unforeseen emergency he quotes the recent immigration crisis.

His para.10 (c) on the "Atomic Emergency" does not need to be

considered at this stage.

Against this it can still be argued although with diminishing force, that the show of emergency legislation on the Statute Book confort the well-disposed and warn the ill-disposed (see para. 3(b), of (100)). That was the view of the then A.G. in 1949.

All in all there is little to object to in A.G's. proposals. He has already shown himself willing to carry out the bulk of the detailed work involved. Mr. Davidson has all the tidying operations well in hand. It is merely a question of whether changed conditions in the Colony and the more stable political climate justify a graceful deference to the legal proprieties which I am sure will in no way weaken our preparedness for an emergency.

ALS

A.D.S.

2/1/1963.

Page

M.99

Extract of Min 23 in CR 17/1476/59 III

M.99

What is the position or state of progress regarding the Emergency (Principal) Regulations?

KBB

31/12/62

12-1

Memo of 9.1.63. to Solicitor General.

b.w 25/1 for query to G.P

Memo of 11.1.63 to Office of the Commodore & H.Q.L.F.

(123) Kemo.

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M.100

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114

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0000820 G.F. 82

File No.

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124

Memo of 5.2 6.3 from Legal hept.

125 Memo of 4/2/63 to Chief of Staff, H.Q.L.F.

(125) Copy / Secretariat Tempory levantar HE 'L' 5 7 4.363

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Meino of 6.2.63 from Gost Princes

128

hemo of 1.2,63

63 from

from Legal webr.

D.S.

M.103

(128) from Crown Counsel suggests the revocation of three Emergency (Principal) Regulations which are covered beyond doubt by existing permanent legislation. This follows para.3(b) of (114) from A.G. and para.3 of our (121).

I think we should push these 3 revocations through because

(a) they will complete a stage

albeit the simplest -

of the overall revision of E.L.

(b) they will lend substance to the report to be made

at the end of this month to S. of S. (para.4 of (85)).

I have checked the points arising from C.C's comments on the three E. (P) Rs. at para.3 of (128) and I can find no record of any use of E.(P) R. 57. It is highly improbable that it would

have been so used.

May I ask Mr. Davidson to prepare a suitable cover ing X.Co. memo or would you sooner I did it?

Als

A.D.S. 11.2.63.

(Copy)

29 hetter of Feb. 63 from Bruit, Forces Secretarint HK.

120

$.4 15/2

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M.104

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(131) Memo of 18.2.63 from Die of Education

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from Legal wept to Dis of Education

(133) Copy & thimo o 20.20.63 Rambagal Dept to Custodian of Enemy koperty with at

(135

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themo of 20.2.63 from Registions General. Kiv

136) Theme

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25.2.63 from D.C.N.T.

138) Copy of themo o 23.2.63 from C.P. Attorney General.

121) Menno 6 2812-63 from D.P.W

Themo $128.263 from Commn of Prisons

Memo of 5.3.63. to Office of the Commodore.

(142) Memo of 5.3.63. to Government Printer

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Насто

7.3.63 from Your Printés

0000820

G.F. 82

D.S.:

File No.

M. 105.

... Page

draft.

M.100 refers. You wondered what had happened to A.G's. It is at (130)1 and I must apologize for not noticing it amid the welter of succeeding papers.

(a) The draft has been overtaken by the

decision at M.104 not to proceed with the revocation of redundant E. (P) Rs.

(b) I am not sure that paragraph 3 (c) of A.G's. draft is a sensible inclusion. I don't know that we shall need legislation specially designed for atomic panic. See also paragraph 10 (c) of A.G's. 114- "all you really need is a sort of martial law". revised form of the E. (P) Rs. should,

in my opinion, be adequate.

deletions on the draft (130)1.

The

Appendix "A" : Summary table of present position re Emergency Legislation (less E. (P) Rs.). This is all fair comment. I see no need to change anything.

Appendix "B" :

　　　　　Summary of present position re E.(P) Rs. I think it fair to leave "To be revoked in the near future" against Regulations 21, 34 and 57 despite M.104. Your decision, as I see it, only ruled out going ahead now with revocations.

　　　　　　　　　　　　　　　　　　　　　　　　　No changes necessary to this draft.

Appendix "C" : Other temporary legislation and Defence Regulations. This summary is in order and no changes are necessary.

AIS

(130)2

12.3

M.106

A. D. S.

8.3.63.

　(5) in GR 2/3011/46

(128)

Hon. C.S. (via A.C. (C) and DCS)

At (95) we told the S. of S. what we were doing about cur emergency legislation and said we hoped to have it cleared up by the end of 1962. At para.3 of (99) we undertook to inform hir of progress which we are in any case obliged to do at six-monthly intervals under a S. of S. savingrax of 1946.

At M.99 H.E. enquired on the state of progress, and at M.100 I proposed to report to H.. by submitting the draft savingram which the A.G. had promised. I now submit, with apologies for the delay, the draft at (130)1. I have left it with the amendments I propose in pencil so that you can see the changes. There are only two differences of any substance. One is that we did not proceed with Crown Counsel's suggested revocation of three Emergency (Principal) Regulations already covered by the permanent law. I thought it was a waste of time when the whole lot are to be revoked later this year and we can claim no great credit for revoking emergency powers when we've previously incorporated them in permanent law. Mr. Davidson accepted

this.

.../over

Page

§ 10(c) of

(114)

The other difference is that I thought it premature to commit ourselves to regulations for the atomic emergency', when we have agreed that this should be deferred until we've completed the present exercise.

changes.

I have spoken to the A.G. and he has accepted both these

On the revocation and replacement, either in permanent law or in draft regulations, of the powers conferred by the Emergency (Principal) Regs. and still required, either in normal times or in emergency, we have, as you know, issued the 3.1.0. at (126). We have also put the Jervices in the picture, (()). Action is proceeding.

Y.E.

Dt. 70 2.3.63.

M.107.

We are required to report from time to time to the S. of S. on winding-up our emergency legislation. There has been a good deal of activity on this lately and Y.E. enquired at M.99 about progress. This is reported in the draft savingram at (130)1.

C.S. 13.3.63.

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File No.

6/3231/59

63.

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hes. 588 dated 22.3.63 to

avingrom

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Copy of Memo of 21.3.63 from C.P. To dom A.G

140 Mems of 25 3.63 from logal Dept. with att.

themo of 26 3.63 from your Pinter

25/3

See M, 103.

148 hetter of 28.3 63 from Commodore in Charge H.K.

✓

11tems of 28.3.63 from Legal Deper.

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-2/4521/7/6

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Copy

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of themo of 28.3.63 kom Dir of Marme to legend Def

memo of 27.3.63 from Legal Dept.

Copy of memo of 27 3 63 from Legal Depr. 6. Wir masine o C.P.

15: memo of 29.3.63 Law Dis of Immigration

54 Memo of 1.4.63. to Commodore-in Charge, Hong Kong.

Page

شتا

153

themo of 3.4.63 from Comm. £.S.C.

D.S:

M. 108.

WIA

NEBA AUS

Please see (146) from Mr. Davidson in which he recommends that the Emergency (Arms and Ammunition Ordinance) (Amendment) Regulations, 1952 be revoked without replacement. This suggestion has been in the offing for some time and has been under detailed con- sideration by C.P. At para. (2) of (145), C.P. recommends the revocation.

2. There can be no question that the penalties for the carriage or improper use of arms, explosives etc., em- bodied in the permanent law are adequate. Mr. Davidson details them in para. 4 of (146) Cap. 212, 206 and 238 refer.

3. If you approve in principle I will draft a suitably short Ex Co. Memo to cover (146)1.

ABS.

A.D.S.

16.4.63.

M.109

ADS.

Agree.

Can we say

what

li-

bine. 1952.

appears from the explanatory

The post war

note that

'troubles'?

凶

the mugin &

17 Apr 63

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provisin

Regs.

thes for back

D.S

M.110

floats.

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1914

ADS

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DCS (ria Hon. AG)

M.lli

146

for Xco

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and

M.108.

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dajis memo

1DS

20 Aquê 63

CR.

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CR 6/3231/69 I

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hom

negal

Memo of 19.4.63. from C.P.

what about/Mill

pl. speak. AIS.

24/v

M.112

Debr. ested. 29/1 Ars

Page

DCS (via How AG)

M... refered. I regret the delay; the minute was overlooked when the further correspondence

was entered.

AS15.

27/5.

ADS

Note:- Spoken Mr Hobby who is now handling there

papers. AG it seems has had 2nd thoughts D.u 23/8

AIS.

(Tsa)

Savin's

~gram

NO. 1231

Copy of 159 to Hon AG then fu 23

23/8

177.63

Als

/R90/2/43

159

sho also be copied to that jise entothed 'Rist Legislation', Wh. contains the 7 draft

draft Public Order bill.

from &.&

ADS.

Noted

ALS 1018

159

our

reduce

M.113

'We must

power

without proclaiming

invoke emergency' legislation

beware

CO attempt to

I kink our

is abo

very

proclaiming an Emergency

Emergency Seap

I action pl. then bice importle

AIS

10/8

useful.

Ord

is unique.

(And see my

see my note above, p.)

JD5

8 Aug 62

Poge

مکرتا

ABS

12. 3, an directe }}

JE FICR

Lemo dr

I emo d? 2.8.3

from Lager reportment.

Memo of 14.8.63. to H.Q.L.F.

Memo dí. 8.8.63 Ko How Attorney

165

General.

Memo dr 5.9.63

from Dir of Commerce

& Industry.

Meno dr 99.63 to Chief of Staff, HALF.

ها

1996

b 5.45.

Memo dated 7.10.1963 to Commander Leonard, H.q.1.F.,

hures to BL YOQL of ĥ

ABS 11X

ADS

.112

A.F.S. (a)

Enemy Froperty

I think you

You will recall that we spoke about this. Fr. Hobley wants an answer to pera 9 of (160) in this file. were going to have a word with him. if you could do this.

I would be most grateful

Ais

ADS

0.113.

2.D.S. 9.10.1963.

I have spoken with No Holley.

and relo hion that outin

)) is

the Geman & Igernere property outstanding (xx you

now such that I have the retters will be resolved nutty shortly

I shouls for glad to apart cation

if it wont be warned

on thithim. I math's hier, Juma

ABIA) 19/12

0000820 G.F. 82

File No... k...

36K 6/323/5.9

(160), (161)

Page

Note

incloures (66) (67), 168, 69, 70, 17, 12, 173, 1974), 17 (175), 179, 180, (5), (52) + (83) sochnache 18 SCR. 23/1476/59.

C.R File maw Saingraded is confidentical. Madlen

16CA

(llesed Arces

Intected Places)

1/4/64.

Copy 1 Javingran no

743

•7

113.64

161

M.114

2300

10.904

h Joys to Sys

ADS.

According to

at para.

106 we

Rre

required to

reput

sqs every

6 mm bi

het

we don't seem

to have done

so recents.

LAM

confused.

Aes (2) Pells me the

while exercia

is new up by the sys

the

Defence (Lands) bill,

but

I mint

Lave langht that

mihibe

in the stuff

130

Where have all the

(The fice won't refened to no the jacket of his me.)

enclonnes

all action

gome by lime passing?

fha's

SCR

The attach

SCR 23/1474/54.

M.115

的

8 oct Gt.

D.S.

8710

I'm afraid that m.106 has been overlooked, though" the Secretary of State has not protested.

I have spoken to Mr. Hobley about the review of emergency legislation. It is held up, not by the $.ofs. but rather by the shortage of legal draftsmen. Most of the outstanding Regulations which are not to be revoked are to be incorporated in one or other of the following Bills:-

(a) Importation and Exportation Bill.

b Defence (Lands) Bill.

d) Public Order Bill.

All these Bills, except the last, are held up by drafting difficulties, and progress is likely to be slow. There has been some small progress in connection with the other Regulations; if you think that we should report to the Colonial Office, I will contact Mr. Hobley again and draw up a draft Savingram,

}

Page.

130

The recent enclosures dealt with the proposal to eliminate "Protected Places" and retain only "Closed Areas" in the Defence (Land) Bill; after protracted negotiations with G.c.Ò. this was eventually agreed to by all concerned. This correspondence has nothing to do with this file and I recently had it all removed to the file on Closed Areas and Protected Places (SCR 23/1476/59).

ADS.

but

I have nor

A.D.S. 9/10/64 Mille

checker

the

ref. probably

in 17.106

черпв

wit

Some

explanatim

ерти

flow

progress.

Perhaps tu

AÇ Övü in

I hink we sho

- buefly Legal Dept f Hubley and

1963

like to ocaft

assume

tire Defence

hiat

close ✓ Arca

& FC

(Lands)

Bill

are

live same

May. I are it please?

file- SCR23/1476/59

SCR

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{

SCR 23/1476/54 BL 4894

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4.366

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Copy of Savingram No. 2066 dated 3.9.66 to S.of S.

Page

173

Memo of 7.9.66 from Legal Dept.

ADS(D

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Nemo of 4/10/66 10. Hon. A.G.

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c.c. Memo of 20.12.66 to H.Q.L.F.

Momo & 30. 12 66

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178)

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179

Memo of 25.1.67 to C. of P.

Memp of 28.1.67 to P.M.G

Bu 3 weeks $3111

ADS (1)

0000820 G.F. 82

File No.

CR 6/3231/59 III.

Page

Memo of 4th February, 1967 from Postmaster General.

Bu as on p.

p. 79

га заг

Bu as directia

ADS(1)

212/07

Bu 3 weeks

J2112.

вихідна

No.

(-) Copy of dinignan do and to high

as directed

14/3/67

AO3(a) Bu as directed

Bh 2173

173

22/2/67

(183

Memo

93.3.67

CP. (Reminder)

Page

V.113.

bu. 1.5 to. ADSI

A.D.S.(2).

This revision of the

　　　　　　　　　　　ergency Regulations and related enactments has been going on in rather desultory fashion for some years. The best summary of the position (though a little out-of-date) is at (130)".

The object of the exercise is explained in para. 1 of (179): we have already made a start on the Emergency (Principal) Regulations, and my proposals, after discussion with r. Airey of the Legal Dept. are set out in (179), on which we still await the Police comments. Once these are out of the way it will

be necessary to go on to the other legislation listed in (130).

There are also a mumber of raft sets of Regulations, Orders, etc. which are kept ready for enactment if required these are in SF.1 in OR 312/64 (in the top left-hand drawer of y desk) while the Legal Dept. has a somewhat different set in the two files attached to this file. 3ventually it will be necessary to go through all these drafts, in the light of our present plans (mainly the J.D.S.) to see which may be required and which can be dispensed with.

6.5.

(J.. Chambers)

A.D.S. 1) 29.3.67.

A. D. S. (1),

K.119.

At yesterday's meeting concerning the drafting of legis- lation priority lists, I was asked the position concerning the "Revision of Emergency (Principles) Regulations" presently listed a List B item.

I had to confess that I was not aware of the situation: grateful if you would look up the papers and then discuss. Apparently Hon. A. G. is anxious

to press ahead with these regulations.

16.

Note

7120

Note.

Spoken AS. Police to be pressed.

L.121.

D. S. 7.4.67

Police.

Discussed with Mr. Airey of Legal Department and Mr. O'Reilly of

It will be necessary at some stage to have a meeting to decide on the best method of proceeding with this review. The Public Order Bill has rather a key position in this law consalation.

Aand

A.D.S.(1) 11.5.67.

0000820

G.F. 82

File No.

of 6/3231/59 TTL

Page 82

(186)

187

Memo & encl dated 21.6.67 from Ag. Att. Gen.

Savingran

No. 216

216 of 27.9.67 to Sept.

News of 7.10.67 fom Regai Dek.

Memo dated 24.10.67. to Hon A.G.

24.10.

No.

Contact from Cournment House Minsetio No6. /08.

4122

ничего

This is the file deating with revicio of emergency

You wished to take action on

regulations. You

189 ?

And

ADSI

5.1.68

123

Acs (SD)

When

متملم

The

от

you

jour you

Cincinne

Since

Think

cines ADS/

Emy Legeol. will

дз

interest

Dey. Br.

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124.

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Page..

Mims & Endicaune

12.1.68

from How. N. G.

- Extract from 6.4.1./3/67 dana 12.168.

fou

M.126

D.C.S.(S.D)

Please see (188). I find myself in complete agreement with the S.G. regarding the disposal of emergency legislation enacted in 1967, except perhaps regarding the retention of Emergency (Principal) Regulation 136A giving increased powers to the District Court. This regulation was criticised by Justice, and I think it would be more in keeping with normality to restrict the District Court to five year sentances and transfer anything over this back to the Supreme Court.

2. I see that S.G. also suggest that certain provisions should incorporated into the Public Order Ordinance. While I agree that this is the appropriate place for them, care will have to be taken in adding yet more powers to this ordinance and it might be a good idea to use the occasion to introduce some of the changes recommended by the special report by Justice.

Presumably S.G. wishes to have the comments of ourselves and Police in writing before calling a meeting.

Pond.

A.D.S. (1) 17.1.68.

ADS (1)

ful meeting will be when

Polici

14127

I have told 5.9. I shall come from SD & you froum defence. The

$24

an mady.

by. 2.2

C&(50)

25.1

JA.

Film Noi

ck w/fey 11

Pays

8'4

מים

ne of 2.1.00. from Commisplace of folies to Jaypal Dout

(190) )

As (1D).

M 14.

On (190) I had a musting with St. and

drage sports.

Istines

shall drain

11. draft alcould

you

e proders

I should Hent

Through

191)

Exture

Feel

from Logel kappt.

M.129

D.3.

flosting.

Please see (191)

I should like to add a conclusion on the line of the draft

Przy

Лок

ACB (BD)

7.2.68

W/option for 1612

* you Parc 8/20

Mo By Pagal nupt from

from PP dared

2 (142) for 10/10

hudsm

4. A

pac

And

7326%

Page

Menur

dtzl

14.2.68 from 5.6.

19441

Revier of Emergene,

Emergen, Legislat

Legislatum Pupor

Is for 1⁄2

M130.

coprès or

which

어

with See Lie

is ready for consideratin

194

at Gift muting, sedles

Lu Lic

In Stim extrand's ide

B15/2

Ars (sh)

Note.

Arculated for discussion at GH on

23rd February

1968

195

Cextrael

Contact for CRM/5/W

is dated 232.68.

bu. 23.3.

　　　ADB(1) Bu as directed

Jack

(196)

25/3

6.3.

Мето

Home Cochure of 21.2.18 for hips case.

29.368

0000820 G.F. 82

св

File No.

ck 4/8231/59 3

Page

D.D.S.(na SLIC)

M.131

At (196)I is a further report from S.G. concerning

disposal of 1967 emergency legislation.

Para.3 is being dealt with in CR.5/3231/59, but I mave been asked to hold up action while an amendment is drafted to Regulation 136 to make quite sure that the Governor has powers to discontinue regulations he has brought into force.

св

Para 2 agreed at (193) that E. (P)R's 119A and

B could be discontinued, but at (195) the Governor's Committee did not agree the recommendation. These are, however, very strong measures, and difficult to defend since the onus is on the accused to prove his innocence, rather than the normal process of British law. I, therefore, agree with the S.G. that the discontinuance (rather than repeal) of these regulations would have a good publicity effect.

　　　Para 4-5 - A suitable press release can be drafted once the Ex. Co. memo on CR.5/3231/59 has been approved.

　　　Para 6 - the permanent homes for these emergency provisions set out in the schedule seen to be satisfactory, although I should like to discuss further with the Law Draftsman, since some of these ordinances, e.g. Public Order, Protected Places and Control of Publications require amendment in any event.

Para.7 I agree with the C., and in fact made the same comment when 'Justice' challenged us on this regulation.

　　　I wonder why the S.G. did not consult us first before sending this in, It does not appear suitable for presentation to theGovernor's Committee in its present form.

foot

177

Hemo

of w/4168

вору

4/4/68 to C.P.

A.D.S. (1) 4.4.68.

(98) loopy of Nemo of 3.4.68 to Hon. A.G.

132

SeaLic

G think

The repor

196) shower

Len

submilles

G.C.

Thursday

is plants.

ари

Me than for back

afer you ham remorex copier etc.

Note. Das and Seed!C agreed that we old ausut CPs commeile

Bera 2 before putting fuel to GH with a

covering rote on the bacs of M131

BU 13/4

for 3/4

Doś

574

("/

13 à Vale elle

Pag

Page

(199)

βυ

swing No. 574

574 of

проть

Suc

10.4.68 th 5.0 5. б.бб.

10th April, 1968

your achen? Can 17.4.

19 April not later than 0900

from C.P.

S/NC

Bu as directed

(201

19/3

Contract from G.N.M./16/68 stated 19.4.68.

se Somo: Enclosure of 2.4.68

Jemo·

Name

26.4.68

from Mon 46.

from Hon. Abony Genstal.

0000820

G.F. 82

File No.

CR 6/3231/.59..

Page

M.134

D.S.

Please see the S.G's latest recommendations at (203) which seem reasonable. Have you any comments, particularly on (d) - most people regard this regulation as excessive.

Do you wish me to represent you on this "committee".

спишина this camundtor.

A.D.S.(1) 2.5.68.

7.135

DOS

I wonder if you

cand represent

me on

DS 415168

136

Assi

Pse

(204)

DDS

esp. PBW/5

рас

Memo of 2.6.68 four C. of Mines.

speak

H137

We discussed with DS.

to Mr. Smeath.

agreed

that you

Ant

ADS!

205)

ac Nemo of 235.65

from C.P.

(206) Extract from Atten/22/68 dated 14.6.68

(a)

no person bilgil CLUDI

would

13.5.68,

Page..

138.

Now

Amurry.

heer in S.G's open

11am

today.

wuk

Mr Szelo y P.HQ +

sas, (203)

lves conserund:

a. Legue And.

The unex now be repeated

ban shumen be held meanwhile welt other legislaten to be repeated

Conveniens henn

Pureworks

on account

included

to be left in force for him being

Semmences Bomes

the odd cases

(204)

Porn dati there are shee

This women went to relain

for time being. Agreed.

Identification

не врег

Jusp

the

above.

Mr. Szelo to conquer PMQ.

рани стел

be linces

The main obyelow is throw

power

PC's wen prandes woult

to public.

Refrena was

видео валит

also made to legislator affecting

Адна

Inflammatory posters & speeches. Agree to keep this on,

Mr. Szelo sand thar lonci were finding deffenly an

булт Рогий

derperson of property seized under

equipment pou

Cl shred

E.Rs (eg hospitali

The N.P. raid).

cs. poenting

↑ saking appropriati pewers.

Ass,

Pse note

M. 138.

Any allow headed

5.4

Андделей

1150

to problem

for 196

(202) ?_auton on SCR 3/3571/18.

Kos 19/6

20.6

0000820 G.F. 82

File No.

L 6/3231/59.

Page..

....90

4.G.

(11) ce afero of 12.6.68 from Hen. A. G.

c.c. Momo did 26-6-6-8 J

Loom Coff.

bow 20%.

Memo - Endl. dated 28-8-65 firm AG Chembris from. cs

M.139

DDS(via SLIC)

(209)1.

above.

(a)

(b)

(c)

(a)

(e)

ભ

(f)

Please see the SG's latest draft report on emergency legislation at This is based on the decisions taken at your meeting recorded at M.138 The main points made are as follows:-

The majority of the proposals made in the schedule to the last repott at (190) are now to be incorporated in a omnibus amendment to the Public Order Ordinance a draft of these has now arrived on CR.3285/57, and will eventually be presented to Ex-Co and Leg-Co.

Inflammatory Speeches & Posters to remain in force until the end of the year.

Simulated bombs to be repealed next as it is bad law.

Legal Aid to be revoked as now unnecessary.

Fireworks to be repealed as soon as C for Mines has finished paying compensation. A consequential amendment to the Dangerous Goods (General) Regulations, to make the possession of any quantity of fireworks subject to licence, will be required at the same time.

Identification E(P)R.96. Mr. Hobley strongly takes issue with C.P. this regulation which he says is a menace to civil liberties. This should, perhaps, be further discussed at Govt House.

In general, the report is rather tediously written, but being Mr.Hobley's own work, it presumably cannot be tightened up before being put to the Governor's Committee.

Subject to the inclusion of C.P's comments, can this now go forward to

|Govt House?

་

A.D.S.(1) 2.9.68.

Page

(217)

by. 9.9

lo suc

(211)

DDS,

140

Jagree will $2 of 1133 Still it raust

lle better Perticeps you

suggest

tú

Piaja

vxrve.

new LA

Woodhouse? My This week for consicherhe at GH this week and be dicuss it the week.

Seen by sos.

polsibly

jo fucked ÿ

will discuss with

But it slakt be destibul

رما

to be

on 13' seg. Hinerve, M. Carty, Hals may

arthel, for tactical reasons,

}

$79

Meme of 3-9-68 from CfP 4o Hon. C.S.

Note

4141

Meeting held with Hobley & Szeto 6.9.68.

there

1210

си

mcenity for retaining

and

3.4. agreed

CPs oreins at

regs

were accepted to tone down his report accordingly with ww be stencilled and sent up

AND HOT!

6.9.68

Savingram No. 1124. dated. 4.9-68 to Sof S.

بیوی

Cilt.

Note.

20th Sep

Draft report being

tun

off and will be distributed for GH an

बार

Memo of 6.9.68 from Acting Solicitor General.

Memo of 12.9.68 to Members of Governor's Committee plus S.G.

(24)

214

Wank me.

And(1)

4.10.67.

Akin.

10.45·

0000820

G.F. 82

File No.

CR6/3231/59TH

92.

Page

Extract from GHM 33/68 dated 20-9.68

ABSID

26.9.

Extrait from G.H.M.39/68. dated 27-9-68

Meme dated 30.4-68 from At. Son chamber.

D.C.S.

M.142

Following HE's

(216) para 3. This is, I think,

This is, I think, self-explanatory. decision I would be grateful if you would authorise me to ask the AG to draft an amendment to the Dangerous Goods (General) Regulations on the lines suggested.

Following your approval I will persue the AG's suggestion regarding the Emergency (Principal) Regulation 96 with HBF and the Police.

M. 143

Appot for hire c.

Acs() should see

جید

3/x

ADS(1) 2.10.68

Seen. Mr Claassen

add

pence

3 of 216

M. 144

to List C (master copy). But A.2.5(1)

should please:

(a) Communicaté

the

decision offually

+ Heads of departments

concerned

with

the

and

to Hm AG Heads of branches

Dangerous Goods (veneral) Regs;

sock up-grading from Cakagny C

priority of legislation

(b) Rearend b.s to

Category A or B meeting: crafting cannot commence

higher privity tham C.

it acquires

Nited-gard to ADS(1)

As (c)..

Che

until

A.C. S(C) 5.10.68

! Page.

21:

Meme dated 4-10-18 from CofP. 4. Hm A-G..

via

M.145

AS33 That Noted. Thank you.

M.142-144 and (217) f.y.i.

I understand there is to be a meeting of the Drafting Committee in approximately 2 weeks. There is no need for you to see': up-grading of this from category 'C' as I have spoken to the SG who regards this as an important but not time consuming matter and work on it can be completed without up-grading to a higher category.

3. You may be interested to know that I gather that the categories of the draft legislation priority list are academic where HE

has directed that action should proceed or the AG or 33 are particularly keen to do so.

217

CR.

Br. 22:1068 for walking freeth

"Segeror of Boekd"

231068

ABS (1)

14.10.65

218)

APII) 141061

17.1007/

Memo dtd 10.10.68 to AG

ADS(1) 10.10.68

Aası

(26)?

бет,

hawls -

уша

will pensure porss 4.

14/6

Memea enal: dated 10-10-64 from 1717 Gen. Clam

Mema dated 14-10-6

8 from A.6. Chanter to CHP.

0000820

G. F. 82

220)

File No. CR 6/3231/59Th, Page

Pen

Memo dated 23-10-08 from 197. fera Chem

(EBAY)

24.x.17.

221

25.10.44

་

Memo dtd 24.10.68 to AG

221

6.09.88.

223

D. Mos...

20.144.61

Meme dated 5-11-68 from cof P.

Memo dated 15-11-68 from Copp.

Mame dated 19-11-68 from A4. Yo Yo C&JP.

22›

Memo dtd 21/11/68 to CP

Extreel from Musting (GNM 4.7/88) Keld 22-1/- 4 f

42%

C.C. Memo dia 26-11-68.

•LON AFTER GEN. TO CPP.

(a)

no Darson shall

Page

225

หมู่

Removed

40 CR 6/3231/5912

memo of 27:11:68 from Hin AG

Memo of 3-12.68 Yo CRFR) (SAG SEA. DIE CYL

CP. PA. PS. DIS. DSB.

Memo esual dated 4-12-68 from All Girl Chumbs

0000820

G.F. 82

Page

File No. CR 6/3231/597

0000820 G.F. 82

File No.

FLOAT

Page..

Enclosures 184-194,196,198,201,203, 204, 208-210,212,220,225,227,231,233,238, have been removed to CR 2/6/3231/59.

Enclosures 195,197, 199, 200, 202, 207,211, have been removed to CR 3/6/3231/59 Enclosures 205,206, have been removed to CR 4/6/3231/59

Enclosures 213-217,222-224,237,239,240, have been removed to CR 5/6/3231/59

Enclosures 218,219,221,226,228-230,232,234-236, have been removed to

CR 6/6/3231/59

ENCLOSURE NUMBER: 82

HAS BEEN REMOVED TO : COUNCILS DIVISION

AND IS NOW ENCLOSURE NUMBER :

IN FILE NUMBER : COU CR 5/1136/60

PROFORMA A

D/s

(83)

CR 6/3231/59 II

A15013

ADS

(83)

NOTES ON EMERGENCY (PRINCIPAL) REGULATIONS

Under Section 2(i) of Cap. 241, the Emergency Regulations

Ordinance "on any occasion which the Governor in Council may consider

to be an occasion of emergency or public danger, he may make any

regulations whatsoever which he may consider desirable in the public

interest"

Under Section 2(iii) of the same Ordinance "any Regulations

made under the provisions of this section shall continue in force

until repealed by order of the Governor in Council".

Section 2(iv) of the same Ordinance states that "if any such

Emergency Regulation contains anything inconsistent with any other rule

or order, then the Emergency Regulations have the pre-emminence".

The Emergency (Principal) Regulations of 1949 are an extremely

comprehensive collection covering all aspects of any emergency.

By Regulation 137 of the Emergency (Principal) Regulations of

1949 the Governor has power to bring into operation all or any of the

Emergency Regulations in part or in whole by order.

Many of the Regulations have been brought into operation in the

may described. At Appendix I is a list of all the Emergency (Principal)

operation Regulations now in fores At Appendix 2 are the comments of the

Attorney General who has suggested consulting the departments concerned

to discover whether, in fact, we need to continue many of these orders

in operation.

(1)

It may be helpful to summarise the history of these Regulations:-

A set of Emergency Regulations were "prepared for the purposes

of the internal security scheme under preparation in 1947. (The

quotation is from a note by the Attorney General in (1) of Part I.)

These Regulations were referred in a draft to Ex. Co. and to Heads of

Departments but were not enacted because of the military threat to the

Colony in 1949 and the sudden increase of crimes of violence caused by

the flood of refugees with easy access to arms and explosives. The

Attorney General in the same note puts it that "preparation was

necessary against the possibility of more serious emergency than

internal disturbance".

mere

- 2 ·

(3) in D/ISS/EMER

(ii)

In 1949 the Emergency Regulations Ordinance became law and

the Emergency Regulations themselves were promulgated.

(iii)

The Secretary of State, on receipt of the Emergency

Regulations Ordinance, immediately commented in a comprehensive

savingram at (2) of Part II. He appreciated that by a directive from

the Colonial Office it had been left open to Colonial Governments to

rely on local emergency legislation if it was considered preferable to

do so, and that it would have been impolitic at that stage to repeal

it and to proceed on the basis of the Emergency Powers Order in

Council of 1939. The despatch makes it plain that S. of S. thought

"that for many reasons it would have been preferable for Hong Kong to

rely on the Order in Council". In paragraph 3 of the same letter,

S. of S. appreciates "that a state of emergency did in fact exist in

Hong Kong though not formally proclaimed as would be done under the

Order in Council procedure: and that it was clearly undesirable at

that juncture for any action to be taken which might be interpreted

as indicating a lack of determination on the part of the Hong Kong

Government to maintain and preserve law and order". The S. of S.

criticised the absence of any provision in the Ordinance for declaring

or terminating a state of emergency and suggested that there should be a

provision in the Regulations themselves that (unless previously re-

pealed) the Regulations should continue in force for a limited period

only with power to extend them for further periods if the situation so

required. The Secretary of State was particularyconcerned over the

provisions in the Ordinance empowering the Governor to make Regulations

prescribing any punishment including the death penalty, not only for

offendes against the Regulations, but also for offences under ordinary

(6)(7)(8)(12) in

Part II

law.

(iv)

The early papers in Part II of the file set out the battle

before His Majesty was eventually not advised to exercise his power

of disallowance in respect of the Ordinance. This had taken six

months hard bargaining, most of which was concerned with Regulation

116 which prescribed the death penalty for carrying arms.

(v)

Discussion continued on Regulation 116 in particular. (21)

in Part II is a lengthy exposition of the views of Government on the

imposition of the death penalty for carrying arms. It is of interest

because it is easy now to forget that the feelings and anxieties of

the general public had so influenced the Unofficial Members that they

suggested going even further than Government proposed in Regulation 116

and 116A. They suggested that the time might have come when mere pos-

session of a fire arm merited the death penalty.

(vi)

Within the next eighteen months, a large number of the

Regulations were actually brought into operation including 116 and 116A.

At (48) which takes us to 1953, we informed the S. ofS. that "the

emergency legislation of Hong Kong does not spring from the 1939

Emergency Powers Order in Council and differs from emergency legislation

in England and other parts of the Commonwealth in that its introduction

does not depend on a state of emergency being proclaimed by the

Governor. Emergency regulations do not come into force or terminate

"en bloc", but can be brought into force or terminated separately.

Thus a number are already in force and are likely to remain in force in

the foreseeable future, while others are unlikely to be brought into

force unless the situation deteriorates". By "into force" is meant

"into operation".

(vii) There is even an instance at (51) of S. of S. more or less

directing us to make an Emergency Regulation (50)A and bring it into

operation. This was to cover in more explicit terms the detention

of foreign aircraft.

It will be seen from the summary above that we had to struggle

hard to win the support of the Secretary of State for this emergency

legislation. Having obtained this support, the retention partly

"on ice" and partly in operation of a large body of Emergency

Regulations has excited little comment. The repeal of Regulation 116

and 116A in 1952 has left the Regulations much less objectionable to

opponents of capital punishment and seems to have had the effect of

making it unnecessary for Government regularly to review the justific-

ation for keeping this legislation in operation.

Now that a fresh criticism has come, it is perhaps time to

re-assess the need for those of the Regulations which have contimed

10.

in operation. A few are undoubtedly still required but it seems that

many of them can be returned to "ice" without any substantial risk to

law and order. It is true that an emergency could occur at any time

and at short notice, but day to day conditions of public order do not

warrant the continuance in operation of the majority of the Regulations.

Whatever answer is given to 3. of S. arising from the report

in "Justice", I suggest that we should ask Hon. A.G. to examine in

detail the case for continuing each Regulation in operation with

particular reference to the extent to which these Regulations are or

can be covered by the ordinary law. I hesitate to suggest e formal

Working Party but suggest instead that the quickest way of dealing

with this problem would be for Hon. A.G. to delegate a Crown Counsel

to discuss the list with me and with C.P.'s representative (probably

Mr. Dawson). We could then put up more detailed suggestions. There

are mercifully few interested departments.

11.

I cannot help feeling that we shall have to consider drawing

closer to the spirit of S. of S.'s despatch which I have quoted and

underlined in paragraph 7(iii) above. It is difficult to plead the

continuance of a de facto emergency in Hong Kong today. On the other

hand the Colony's vulnerability to open attack and politically in-

spired sedition is argument enough for keeping the Regulations in

force but not in operation.

12.

There is no provision in the Regulations for taking a

regulation out of operation and returning it to "ice". The Goverдor,

it is true, has the power to "amend or suspend" his orders under the

Interpretation Ordinance (section 116) but this is not really adequate.

It needs only another subsection to 137 of the Emergency Regulations

to specify that "the Governor may remove from operation any regulation(s) or part thereof" to make these Regulations self-con-

tained.

Regulation

21.

25.

26.

34.

36.

37.

40.

50.

"Operation

EMERGENCY REGULATIONS IN

Description

This contains the interpretation of terms and expressions used in the Regulations.

Definition of Competent Authority.

Definition of Authorised Officers.

The unlawful possession of apparatus used or intended to be used for wireless transmission.

An offence to post or distribute placards, circulars, etc., containing any enticement to violence.

Prohibition of publications containing enticement to violence etc.

Power of the C.P. to declare an area to be a special area for the purpose of preventing malicious injury to person or property.

Power of the Colonial Secretary to direct by warrant that any person in police custody may be detained in or transferred to or from any prison or police station or any similar place authorised by him until dealt with in due course of law.

Power of C.P. or any person authorised by him to make restriction orders in relation to any person requiring, inter-alia, such person's exclusion from any area in the Colony as may be specified: the notification of such persons movements, prohibition or restriction of such person's use of any specified articles, restrictions upon such person with regard to his employment or business.

The power of senior Police Officers to order detention of a person for more than twenty four hours or forty eight hours if enquiries cannot be completed within those periods.

Power of the Governor to forbid entry or exit of any ship or aircraft to or from the harbour and territorial waters of the Colony.

Appendin I

Comment

Regulation

50A.

51.

57.

58.

65.

67.

67A.

81.

83.

84.

98.

99.

109.

Description

The power of the Governor to detain vessels, aircraft and vehicles and persons on board.

Power of the Governor to prohibit by order the supply of fuel, victuals and necessaries and the repair of ships and aircraft.

Power of the Governor to prohibit or restrict the use of territorial or Colonial waters.

Power of C.P. to control all roads and vehicular travel and temporarily to control entry into or movement within any part of territorial or Colonial waters.

Power of Police Officer or uniformed member of H.M. Services or any local Defence Forces to stop and search vehicles including road vehicles, trains and trams.

Power of the Competent Authority to requisition property other than land.

Power of the C.P. to commandeer transport and any property other than land in the interest of internal security or for the preservation of public order and safety.

The application of the Compensation (Defence) Regulations, 1940.

The power of the Governor or other Competent Authority making an order or rule, to publish it in such manner as he thinks necessary. This Regulation also contains a definition of

the service of notice.

Power of an Authorised Officer to affix notices.

The right to photograph, measure, examine, thumbprint, etc., any person convicted or suspected of an offence against the Emergency Regulations.

Power of an Authorised Officer to enter and to search premises, places, vehicles, vessels or aircraft.

Makes it an offence for any person to injure or prevent (or attempt to do so) the proper use or working of any public utility, railway bridge, road, etc.

Comment

Regulation

117.

118.

119.

120.

124.

125.

126.

131.

132.

133.

134.

135.

136.

Description

Comment

The offence of carrying or possessing any offensive weapon or the like is liable to imprisonment for ten years.

The offence of consorting with a person carrying or possessing arms, ammunition or explosive substance.

The offence of failing to report that another person is carrying or possesses arms, ammunition or explosives.

The offence of consorting with or harbouring any other person whom it is reasonable to believe to be acting against the public interest or who is wearing an unauthorised uniform.

Certain offences under the Larceny Ordinance and the Malicious Damage Ordinance, if committed in a security area or a damaged evacuated area, punishable by life imprisonment.

The offence of interfering with or damaging communications, etc.

The power of the Governor in Council to proscribe by order any organisation calculated to spread sedition, strikes or disorder.

Offences by corporations and by directors of corporations.

The improper amendment or use of licences and permits is an offence.

An attempt to commit an offence under these Regulations may be dealt with and punished in like manner as if the offence had been committed. There is a proviso to reduce the death penalty for a termof life imprisonment.

Provides that any person may be tried and punished for any offence other than in accordance with these Regulations.

The obtaining possession is the same as possession where possession is an offence.

Provides that, subject to special provisions, a person found guilty under these Regulations shall a) on some re-conviction be liable to a fine of $5,000 and to imprisonment for two years or b) on conviction of indictment be liable to a fine of $10,000 and to imprisonment of 5 years. This Regulation also covers forfeiture to the Crown of any article concerned in such offence.

Regulation in force.( 83

inch LM 35/62

Comment

Appendix

Item

Title

Emergency (Principle) Regu- lations, 1949.

Regulation 21. Unlawful possession of apparatus used or intended to be used for wireless transmission.

Regulation 25. Prohibition of the posting or distri- bution of documents, etc. inciting to violence or counselling disobedience of the law.

Regulation 26. Power to prohibit printing, sale, etc. of document, etc., of the kind specified in regulation

25.

Regulation 34. Power of the Commissioner of Police to declare an area to be a special area for the purpose of preventing malicious injury to person or property.

Regulation 36.

Power of the Colonial Secretary to direct by warrant that any person in police custody (whether under The Emergency (Principal) Regulations or otherwise) to be detained in or transferred to or from any prison or police station or any similar place authorised by him, until dealt with in due course of law.

Regulation 37. Power of the Commissioner of Police to make restriction orders, that is to say, orders prohibiting a person from being in a specified area of the Colony, requiring a person to notify the Commissioner of his movements, prohibiting a person from possessing or using specified articles or imposing restrictions upon a person in respect of his employment or business or in respect of his a8- sociation with other persons or his activities in relation to the dissemination of news.

Regulation 50. Power of the Governor to give direc- tions prohibiting a ship or aircraft from entering or leaving the Colony or requiring a ship or aircraft to leave the Colony within a specified time.

Regulation 504. Power of the Governor to order deten-

Recommend C.P. and P.M.G. be consulted on need for this regulation to be in force.

C.P. and S.C.A. to be consulted on need for this regulation to be in force.

Security Areas Bill, 1962 will revoke this regulation.

For consideration of need to be in force.

Recommend C.P. be consulted as to need for this regulation to be in force.

Retention in force desirable.

'Item.

Title

Regulation in force.

tion of vessels, aircraft or vehicles or classes thereof.

Regulation 51. Power of the Governor to prohibit a ship or aircraft from victualling or refuelling or being repaired in the Colony.

Regulation 57. Power of the Governor to prohibit or restrict the use of Colony waters.

Regulation 58. Power of the Commissioner of Police to close, or restrict use of, roads, to regulate the transport of any person in a train, tram or other vehicle and to control move- ment in Colony waters.

Regulation 65. Power of police officer or member of Her Majesty's Forces to require vehicles to stop, to search them where there is suspected to be evidence of the commission of an offence under the Regulations and to seize evidence of the commission of such an offence.

Regulation 67. Power of the competent authority, in the public interest, to requisition property other than land.

Regulation 67A. Power of the Commissioner of Police, in the public interest, to commandeer property other than land.

Regulation 109. Persons injuring, or doing anything calcul- ated to injure or to prevent proper working of, public buildings or utility opessential services to be guilty of an offence.

Regulation 117. Prohibition of the carrying or possession of an offensive weapon, other than a firearm, in circumstances indicating that it has been used or is about to be used.

Regulation 118. Persons prohibited from consorting with, or being in company of, a person, who, without authority, is carrying or in possession of arms, ammunition or explosives in( circumstances indicating that they are about to act, or have recently acted, with such other person in a manner prejudicial to the public interest.

Comment.

C.P. and D.P.W. to be consulted as to need for this regulation to be in force.

C.P. to be consulted as to need for this regulation to be in force.

Need for retention in force for consi- deration by Government.

C.P. to be consulted as to need for continuance in force.

Title.

Item.

Regulation in force.

Regulation 119. Failure to report that another person is carrying or is in possession of arms, ammunition or explosives without authority to be an offence.

Regulation 120. Consorting with or harbouring a person about to act or who has recently acted contrary to the public interest to be an offence.

Regulation 124. Robbery, larceny or malicious damage in a destroyed, damaged or evacuated closed area or protected area to be punishable with life imprisonment.

Regulation 125. Interfering with or damaging means of communication or transport to be an offence.

Regulation 126. Power of the Governor in Council to proscribe organisations.

Comment.

Government to consider need for continuance in force.

CONFIDENTIAL PERSONAL

CR 6/3231/59 II

6th April, 1962.

Further to our conversation earlier this morning re the need to revise the requirement in op- eration of certain of the Emergency (Principal) Regulations, I am sending you a copy of some notes I made on this subject, together with a list of all the Regulations which are now in operation. When you have had a chance to go through these, I suggest you let me know and perhaps we could discuss (preferably with Crown Counsel in attendance) which, if any, of these Regulations can be returned to as

C. J. R. Dawson, Esq.,

(A. J. Shephard)

Senior Superintendent of Police,

Police Headquarters,

Arsenal Street,

HONG KONG.

AJS: jf

CONFIDENTIAŬ

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CONFIDENTIAL

SAVINGRAM

From the Governor, Hong Kong

To the Secretary of State for the Colonies

Repeated to:-

Date 17th April, 1962

6/3231/59

No ..7.97......................

My Reference

CR L/M 35/62

Your Reference FED 370/400/01

Onch 43/20

Your savingram No 64 of 11th January, 1962.

The Rule of Law in Hong Kong.

Although no specific review has been undertaken of the legislation enacted under the Emergency Regulations Ordinance (Chapter 241 of the Revised Edition of the Laws of Hong Kong), as a matter of principle I have kept constantly in mind the desirability of either dispensing with such legislation or incorporating it into the substantive law; and where possible opportunity has been taken to achieve this end. From Appendix "A" attached you will see that in Items 2, 6, 8, 13 and 15 there has been either revocation or incorporation.

When this action is completed (which should in no case be later than the end of this year) there will be left only the following:

(a) The Emergency (Requisition) Regulations, 1949 (GNA 167/40); (b) Emergency (Detention Orders) Regulations, 1956 (GNA 104/56,

as amended); and Emergency (Review of Detention Orders) Rules, 1956 (GNA 108/56, as amended);

as amended) (see paragraph 4 below).

Of these (b) requires further comment here. The intention is that the Executive Council will shortly be invited to consider revoking these Regulations and Rules and replacing them by new Emergency (Deportation and Detention) Regulations.

Under the draft of these new Regulations (which will not apply to summary deportation cases, i.e. under section 3(1) of Chapter 240) an undesirable alien may be deported or detained by order of the Governor in Council only after his case has been referred to and reported on by an independent tribunal presided over by a Judicial Officer (or other legally qualified person) appointed by the Chief Justice. It is also intended that the present "long procedure" inquiry made under section 4 of the Deportation of Aliens Ordinance, Chapter 240, by the Secretary for Chinese Affairs, other than the specific inquiry into the fact of the undesirable's alien status, be replaced by an investigation conducted by the new independent tribunal, which will also consider and report on the necessity for detention before a Detention Order is made in any particular case.

Further safeguards include provisions which will ensure that a person arrested under a Deportation Warrant may not be held in custody for longer than 14 days except pursuant to an order of the Tribunal. Provision is also made for legal representation

before the Tribunal, with its permission.

The Emergency (Principal) Regulations, 1949, are in a special category in that they are designed to be available to meet

a full state of emergency. Only the Regulations specified in

Appendix "B" are presently in force by order of the Governor made under

CONFIDENTIAL

/regulation ...

}

regulation 137.

-2-

CONFIDENTIAL

　　　　　I propose to review the necessity to keep any of these Regulations in force, in view of the ease with which they can, if necessary, be restored to force in an emergency, and I shall report the action taken as soon as possible.

Law before the Courts.

The JUSTICE report in commenting on the use of emergency powers asserts that wide use is made of these powers "in the course of the administration of justice" in Hong Kong. This I understand to mean, from the context, the enforcement of the ordinary Criminal

　　　　　　　　　The "murder trial which occurred over a year ago" may refer to the murder of a Chinese in the Walled City on 24th July, 1959. There is no question whatsoever of any person having been detained under energency powers for the purpose of securing his attendance at this trial as a witness for the prosecution, and I know of no evidence to support such a statement in regard to any other trial. I wish to emphasize that in no way are emergency powers being employed to enforce the Criminal Law before the Courts and, further, that there is no law of any kind in the Colony which authorises detention of prosecution witnesses for the purpose of securing their attendance at trials.

The "two Ordinances dealing with the deportation of aliens and undesirables" (page 2, line 23 of the Report) probably refer to the Deportation of Aliens Ordinance, Chapter 240, and the Expulsion of Undesirables Ordinance, Chapter 242. The propriety of having legislation similar to the former on any country's Statute Book cannot be seriously challenged, and the latter was repealed by Ordinance 43 of 1961. If, on the other hand, the references are to the Emergency (Detention Orders) Regulations, 1956, and Rules, 1956, then, while I agree that the existence of such legislation is always a matter of grave concern, prevailing conditions in Hong Kong must be regarded as sufficient justification for the retention of such powers.

　　If the deportation of Chinese criminals to China were generally practicable, the need to detain such people would lapse.

With regard to the allegation at the bottom of page 2 of the JUSTICE report that the "detainee in those cases faces the formidable task of having to defend himself unaided against charges the exact nature of which he does not know", I invite reference to section 43) of the Deportation of Aliens Ordinance, Chapter 240, and the Fourth question set out in Form 2 of the First Schedule thereto. This question reads as follows:

"It is alleged against you that

Have you anything

to say in answer to this charge or any reason why you should not be deported ?"

There is also rule 4 of the Emergency (Review of Detention Orders) Rules, 1956, which applies to periodic review of the case of a detainee.

With regard to jurors, it was formerly the case under section 7 of the Jury Ordinance, Chapter 3, that a person might be required to serve on a jury by virtue of his employer certifying that he had a sufficient command of the English language. This is no longer so, as section 7 has now been repealed. The new procedure is laid down in section 8 which provides a method of screening in that the Commissioner of Registration has an opportunity of interviewing all persons applying for identity cards to assess whether they have a sufficient knowledge of English. In practice it has been found that only 0.5% of persons applying for identity cards eventually come on to the jury lists. There are indeed cases where aliens qualify for jury service under section 4 of the Jury Ordinance and serve as jurors. Consideration has been given to exempting all aliens from Jury Service, but in view of the number of persons who already qualify for exemption, it has been thought that there would be practical difficulties in exempting all aliens, as jurors with a good

/ knowledge

CONFIDENTIAL

по зае

CONFIDENTIAL

knowledge of English are already too few.

falls far more often on jurors than it does, for example, in the

　　　　　　　　　　　　　　　　　　Jury Service already U.K. and any extension in the categories of exemptions must therefore be fully justified before being granted.

The Chief Justice has commented as follows :

"The writer (of the JUSTICE report) appears to accept the view that the present arrangements for hearing appeals is as satisfactory as can be expected. (As regards the appointment of a Judge with commercial experience,) it is quite recognised that the nature of their work may result in certain officers who are appointed to the Bench having gained their experience predominantly on the criminal side, but I would point out that, in Hong Kong, officers appointed to the Supreme Court from the District Court will already have gained considerable experience of commercial cases, even if cases of comparatively small value, from their work in that court, which is principally concerned with litigation of this nature.

So far as I know, there has been no obvious indication that lack of commercial experience has caused any substantial difficulty in cases heard in the Hong Kong courts in recent years.

　　　　　　　　　　　　　　　　　With a sound grasp of general legal principles and a knowledge of men and affairs, both of which are normally possessed by our Judges, it has, I think, proved possible to deal with such commercial

matters as come before us in a reasonably satisfactory

manner.

New rules have just been made by the Chief Justice and approved by resolution of the Legislative Council, for legal aid in criminal cases, under section 9 of the Criminal Procedure Ordinance, Chapter 221. These are published as GNA 15/62. The effect of these will be to replace the existing rules and orders relating to legal aid in criminal cases by rules designed to enable legal aid to be granted upon application in all criminal cases in the Supreme Court and criminal appeals to the Full Court, where it appears to the committing magistrate or a Judge of the Supreme Court, or to the Full Court as the case may be, that the applicant has insufficient means to obtain such aid for himself and the case is one involving a capital charge, or is such that in the interests of justice, the accused ought to have legal assistance. The question of legal aid in civil cases is now under study by a committee appointed by me.

Ade

cc:

Hon AG RSC

DR (for D/ER)now CR. .4/3231/59)

る

APPENDIX "A"

Changes made (if any) since 1955.

Title

Prevention of Cholera Regulations, 1938

Emergency (Importation of

Milk) Regulations, 1938

Emergency (Requisition)

Regulations, 1949

Emergency (Royal Navy) (Police Powers) Regulations, 1949

Emergency (Anti-Aircraft

Gun Practice) Regulations, 1949

Emergency (Special

Constabulary) Regulations,

1950

Emergency (Arms and Ammunition Ordinance, 1933) (Amendment) Regulations, 1950 and 1952

Summary of provisions

These Regulations prohibit absolutely or only with permission the sale of certain foods likely to spread cholera.

These Regulations authorise the requisition of land or articles in the public interest (regulations 3 and 4), and empower the Governor to authorise the use of land for military or police purposes (regulation 6).

Under these Regulations, "Commanding Officers" and "Commissioned Officers" (both are defined) have the powers of a police inspector for the purpose of enforcing the "appropriate laws" (regulation 3), and "Commissioned Officers" have power to open fire by way of warning (regulation 4) and to stop a vessel that has refused to stop (regulation 5) for the like purpose. The "appropriate laws" are the Immigration (Control and Offences) Ordinance, 1958, The Merchant Shipping Ordinance, 1953, and regulations made under The Emergency Regulations Ordinance (Chapter 241).

These Regulations empower the Commander, Royal Artillery, to authorise anti-aircraft gun practice over the whole Colony.

These two sets of Regulations respectively (a) exempt from the Arms and Ammunition Ordinance

(Chapter 238) a member of the Essential Service Corps to whom arms are issued by the Commissioner of Police; and

(b) increase, from ten years to life imprisonment, the maximum penalty that may be imposed on conviction, on indictment, of any offence under the Arms and Ammunition Ordinance.

Revoked in 1960.

Revoked in 1959

Changes made (if any) since 1955.

Revoked in 1960

Item

Title

Emergenoy (Registration of British Subjects) Regulations, 1951

Emergenoy (Exportation) (Miscellaneous Provisions) Regulations, 1951

Emergency (Defended Areas) Regulations, 1961

Emergency (Immediate Resumption) Regulations, 1952

Emergency (Essential Supplies) Regulations, 1952

-2-

Summary of provisions

Only regulations 3 and 4 of the se Regulations are now in force. Regulation 3(2) empowers the Director of Commerce and Industry and duly authorised officers to require any person having possession, custody or control of an article the export of which is prohibited except under a licence to deposit the article in a designated place. Regulation 3(1) contains ancillary provisions authorising the Director of a duly authorised officer to require any person to deposit a "chattel" in a designated place for the purpose of ascertaining whether or not it is an "article". Regulation 4 prohibits the removal of a deposited article except with permission.

Under these Regulations, once an area has been declared a Defended Arca, the installation in or around the area of a "dangerous thing" is permitted. These Regulations applied originally to an area of the Colony north of the Walled City (Tung Tau Village, which was destroyed by fire). They provide for a modified application of the Crown Lands Resumption Ordinance (Chapter 124) so as to enable resumption to be effected immediately on the posting of a notice (for the purpose of rehousing the homeless). By the Emergency (Immediate Resumption) (Amendment No 2) Regulations, 1952, they were applied to agricultural land in Kowloon Tsai (for the like purpose), and by the Emergency (Immediate Resumption) Regulations, 1953, they were applied to the Shek Kip Mei area (also for the like purpose).

These Regulations provide for the issue by the Director of Commerce and Industry of certificates to the effect that strategic goods to be imported into the Colony are required for local use.

Title

Item

The Emergency Resettlement Regulations, 1952 - 1954

Emergency (Importation and

Exportation Ordinance)

(Amendment) Regulations, 1954, 1955.

1953,

-3-

Summary of provisions

The 1953 Regulations made various modifications to the Importation and Exportation Ordinance (Chapter 50). The 1954 and 1955 Regulations amended the modified application of the Ordinance effected by the 1953 Regulations.

Changes made (if any) since 1955.

Formerly, this was one of the most important matters dealt with by emergency regulations.

All the

emergency legislation was revoked in 1958 by the Emergency (Resettlement) (Rescission) Regulations, 1958 (see the Schedule to the Regulations) and replaced by the Resettlement Ordinance, 1958 and the Resettlement Regulations, 1958.

Revoked in 1960

Emergency (Public Health (Sanitation) Ordinance) (Amendment) Regulations, 1953 Emergency (Agricultural Poisons) Regulations, 1955

Emergency (Detention Orders) Regulations, 1956, and Emergency (Review of Detention Orders) Rules, 1956

The

These Regulations prohibit the possession, purchase, import or use of certain agricultural poisons except under a licence. The poisons to which the Regulations apply are certain organic phosphorus compounds originally produced for war purposes but since developed for use as insecticides. Regulations were introduced following upon a number of fatal poisonings in both persons and animals. These Regulations provide for the detention of an undesirable alien where a deportation order issued against him cannot be enforced, and the Rules provide for a periodic review of the case of a detained person.

PEROSUNAG

Item

Title

Emergency (Principal) Regulations, 1949

APPENDIX "B"

Regulation in force

Regulation 21. Unlawful possession of apparatus used or intended to be used for wireless transmission

Regulation 25. Prohibition of the posting or distribution of documents, etc. inciting to violence or counselling disobedience of the law.

Regulation 26. Power to prohibit printing, sale, etc. of document, etc. of the kind specified in regulation 25.

Regulation 34. Power of the Commissioner of Police to declare an area to be a special area for the purpose of preventing malicious injury to person or property.

Regulation 36. Power of the Colonial Secretary to direct by warrant that any person in police custody (whether under the Emergency (Principal) Regulations or otherwise) to be detained in or transferred to or from any prison or police station or any similar place authorised by him, until dealt with in due course of law.

Regulation 37. Power of the Commissioner of Police to make restriction orders, that is to way, orders prohibiting a person from being in a specified area of the Colony, requiring a person to notify the Commissioner of his movements, prohibiting a person from possessing or using specified articles or imposing restrictions upon a person in respect of his employment or business or in respect of his association with other persons or his activities in relation to the dissemination of news.

Regulation 50. Power of the Governor to give directions prohibiting a ship or aircraft from entering or leaving the Colony or requiring a ship or aircraft to leave the Colony within a specified time.

Regulation 50A. Power of the Governor to order detention of vessels, aircraft or vehicles or classes thereof.

Regulation 51. Power of the Governor to prohibit a ship or aircraft from victualling or refuelling or being repaired in the Colony.

Regulation 57. Power of the Governor to prohibit or restrict the use of Colony waters.

Regulation 58. Power of the Commissioner of Police to close, or restrict use of, roads, to regulate the transport of any person in a train, tram or other vehicle and to control movement in Colony waters.

/Regulation 67 ...

Item

Title

→2→

Regulation in force

Regulation 67. Power of the competent authority, in the public interest, to requisition property

other than land.

Regulation 67A. Power of the Commissioner of Police, in the public interest, to commandeer property other than land.

Regulation 109. Persons injuring, or doing anything calculated to injure or to prevent proper working of, public buildings or utility or essential services to be guilty of an offence.

Regulation 117. Prohibition of the carrying or possession of an offensive weapon, other than a firearm, in circumstances indicating that it has been used or is about to be used.

Regulation 118. Persons prohibited from consorting with, or being in company of, a person who, without authority, is carrying or in possession of arms, ammunition or explosives in circumstances indicating that they are about to act, or have recently acted, with such other person in a manner prejudicial to the public interest.

Regulation 119. Failure to report that another person is carrying or is in possession of arms, ammunition or explosives without authority to be an offence.

Regulation 120. Consorting with or harbouring a person about to act or who has recently acted contrary to the public interest to be an offence.

Regulation 124. Robbery, larceny or malicious damage in a destroyed, damaged or evacuated closed area or protected area to be punishable with life imprisonment.

Regulation 125. Interfering with or damaging means of communication or transport to be an offence.

Regulation 126. Power of the Governor in Council to proscribe organisations.

CR 6/5251/59 II

Dear

19th July 1962

　　We recently discussed the need to retain certain of the Emergency (Principal) Regulations. I had not then to hand the comments which the Attorney General sent up on these Regulations in another connection some months ago.

I have precied them and a copy is attached.. I do not think there is much point in meeting as I previously suggested until your D.S.B. has got his side of things completely sorted out. Perhaps you could take up the comments listed in the attachment with the Legal Department direct before coming back to the Secretariat with detailed recommendations.

C. J. R. Dawson, Esq.,

Senior Superintendent of Police

Police Headquarters

Arsenal Street

HONG KONG

(A. J. Shepard)

OUT

3059

1917.

CONFIDENTIAL

эт

bm ..:

Colonial Secretariat.

Telephone... 95,02

MEMO

To....Hon...A.D.

in...

AGO/1/4/135/57 (T.6.2/62).

Your Ref:

Date......... 9th Au ust 1962

My Ref:.

(87)

in..

CR 6/223/50 II

Emergency (Principal) Regulations 1949

Reference your memo of the 26th January 1962 in which you mado certain preliminary comments on the need to retain in operation certain of these Regulations.

It is clear from discussions between the Defence Brinch and the Police that we can not afford to lose the powers which the Roqui:tions confor, wh ther they are in operation or "on lee". However, as you have aupgested, there appears to be no reason why much of these acqulutions cummot be incororuted into substantive legialetion. Ind ed, I sus, cut that some of the Regulations now in op ration are already aequately covered by substantive logislation. For exemple, Regulation 109 Malicious Danogo to Public Buildins and Utilities. If you a rec, therefore, the way now seems clear for a detailed examination of the Emergency Regulations siąc by side with existing substantivo legislation so that we on do away with as much as possible of the former. As a prolinimry you may find it desir ble to discuss this matter with the Defence Brunch and the Folice. Perhaps you could appoint a Crown Counsel to contact the Assistant Tofonoe Secret: ry and Ir. Dawson of Police leadquarters with a vicu to getting this sorted out as curly as possible.

There is one further point which comes to mind: There is at the moment no provision in the Racrgency Regulations for taking ordera out of operation. It is easy enough to brin: thom in by oxler of the Governor, but regulation 137 does not provide for their return to "ice". I spoke to Mr. McRobert about this before he went on le vc cnd he mentioned that the Governor has the power to "amend or suspend" his ordera un'er the interpro- tation Ordinence Scution 116, but it was 'r. ckobert's view "nd I areo with it that this is not really adequate. It seems that wo a cẻ to bear in ind the nood to add cnother sub-section to le, ulution 137 to speed y that "The Governor may remove from op ration any Rouletion(s) or part thereof" in orer to make these Regulations completely self-contained.

o.c. C.P. (7)

(A. J. Sho,hord) for Colonial coretery

3346

9/8

From ...

Legal Department.

Telephone........ 95219

Date 11th September, 1962.

Your Ref:

My Ref:

CONTTIENTIAL

ΜΕΜΟ

To Hon. C.S. (Attn: Mr. Shephard).

CR6/3231/5911 dated 9.8.62.

in.. 60 14435/57 AGO/8/1250/62

Emergency Regulations

With reference to your memo, I have been asked by Hon. A.G. to take up the job of revision of the Emergency (Principal) Regulations 1949, promised in paragraph 4 of 85 Savingram No. 797, dated 17th April, 1962.

　　　I have also been asked to take up the question of Emergency Regulations generally, with a view to either revocation or incorporation in the permanent law. The following Emergency Regulations, still in force, appear to concern you:-

Emergency (Royal Navy) (Police Powers) Regulations, 1949. Emergency Arms and Ammunition Ordinance, 1933) (Amendment) Regulations, 1950 and 1952.

tthis

　　　As soon as I have briefed myself on this subject, I would welcome a conference with you and a representative of the Commissioner of Police.

C.C.

C.P.

5944

10219

приидентли

(W.S.W. Davidson)

Crown Counsel.

CONFIDENTIAL

CR 2/3221/62

1866

CONFIDENTIAL

1.13231157

(60)

10th September 1962

Sir,

I have the honour to refer to paragraph 3 of my savingram

85 No 797, dated 17 April, 1962, and to report to you upon the action

which I have taken since then to replace the Emergency (Detention Orders) Regulations, 1956 (GNA 194/56, as amended), and the Emergency (Review of Detention Orders) Rules, 1956 (GMA 109/56, as amended).

It may help if I outline the background to this action. As you are aware, the previous arrangements arose from two circumstances the alien secret society menace, and the refusal of China and Taiwan to receive back their criminal nationals whom we wished to deport. During 1960 a Working Party of officials had sat with the following Terms of Reference:

"To review the existing arrangements for deportation

and detention, both legal and administrative, and to make recommendations for improvement; with a view to achieving the maximum degree of just dealing consonant with the need to preserve peace and good order in the Colony; coupled with the maximum attainable administrative simplicity".

The direct and very considerable defects in the system then in force were

(a) the delays between the initial arrest of alien persons

under the provisions of section 4(1) of the Deportation of Aliens Ordinance, Chapter 240, and their ultimate appearance before the Committee of Review appointed under regulation 5 of the Emergency (Detention Orders) Regulations, 1956; and

(b) the cumbersome precautionary procedures involved, which included the regular and detailed references (including periodic reviews of the whole of each case) to a very large number of people, including my Executive Council.

The Working Party in its report sought to contract and simplify all these procedures, through a development of the Committee of Review. The report itself is of no direct interest now, since it envisaged the permanent establishment of special procedures under the substantive law, including a deliberate relaxation of the normal rules of evidence.

It was my opinion that, notwithstanding the cogent and persuasive arguments which the Working Party had adduced in favour of making provision once and for all in the substantive law of the Colony to deal with a situation which, though probably now unique in the dependent Commonwealth, is only too likely to burden this Colony indefinitely, it would be politically unwise to attemptto introduce correctives by means of the substantive law at the present time. Accordingly, the decision was taken to seek new and betar provisions, adhering as far as possible to the principles and traditional methods of English law, but still using the provisions

/ of

THE RIGHT HONOURABLE

DUNCAN SANDYS, MP

CONFIDENTIAL

-2-

of the Emergency Regulations Ordinance, Chapter 241, thereby emphasizing the unusual nature of the problem and ostensibly treating it as temporary only, pending the eventual destruction of the alien secret organizations and restoration of normal deportation facilities; a culmination which, though it is impossible officially to envisage, is important to keep in the public view. In April, 1961, the Executive Council, after studying the report of the Working Party, advised me that consideration should be given to the setting up of an Advisory Tribunal, (with power to enquire into and report upon the facts relevant to the undesirability of an alien), to which all proposals for deportation under the Deportation of Aliens Ordinance should be referred, except such "political" cases as I certified to be unsuitable for such procedure. There has, in fact, never yet been any difficulty in deporting Chinese aliens taken in acts of espionage or subversion, since it is presumably understood by all concerned that those who sent them will receive them back if the necessity arises. After careful consideration by the Executive Council of all the arguments and circumstances I was advised to make the Emergency (Deportation and Detention) Regulations, 1962, which, as you will have seen, were published in Supplement No 2 to the Hong Kong Gazette on 8 June 1962, as GNA 50. For convenience I attach a copy to this despatch, and would draw your attention to the Explanatory Note. You will have observed that, contrary

to what was said in paragraph 3 of my above quoted savingram, provision has been made for legal representation before the Tribunal of the alien concerned, without any necessity to obtain the President's leave. It is perhaps appropriate at this point to record that, before giving this advice, the Council confirmed the opinion, having regard to the following considerations

(a) that undesirable aliens of evil character whose country

of nationality refused at present to accept their return, in opposition to the law of nations accepted by civilized countries, were present in the Colony in dangerous numbers; and

(b) that those persons were largely responsible for the menace to peace and good government which the continued existence of the triad societies and of the narcotics traffic represented; and

triad cases and some narcotics cases through the Courts, and furthermore that even in cases where there was evidence which secured a conviction it was still almost impossible to get rid of the convicted alien person on his release from gaol

the present occasion should be considered an occasion of public danger under the provisions of section 2(1) of the Emergency Regulations Ordinance.

The new regulations received some publicity, which emphasized the continued need for the power to detain, pending deportation, certain aliens whose presence at large in the Colony was contrary to the public interest and represented a menace to peace and good order, as long as their deportation remained for any reason impracticable. Press reports pointed out that one of the main objects of the new regulations was to introduce into such cases an independent Tribunal. presided over by a judicial officer, which would make recommendations to the Governor in Council on whether there were grounds for the issue of a deportation order in the first place, and further on whether, if deportation was impracticable, the alien should be detained, Emphasis was also laid on the change which transferred from the Governor to the President of the new Tribunal the authority to issue periodic warrants for the continued further detention of an alien whilst enquiries were being made into his case,

Editorial comment

was uniformly favourable and no critical public reaction has come to notice.

CONFIDENTIAL

15.

....

COIDETIAL

-3-

5 The Chief Justice appointed a Puisme Judge to be the first President of the Deportation and Detention Advisory Tribunal, thus showing clearly that he shared my views of the importance and status of the new body. Discussions then took place between the Attorney General and the President on the necessary administrative arrangements before the Tribunal could begin its work. At this stage the

Commissioner of Police pointed out that, in all the cases likely to be put to the Tribunal, there was a very real danger of intimidation or reprisal if the identity of witnesses became known to the alien concerned or his accomplices; he also considered that the Tribunal should be entitled, if it thought fit, to receive evidence that would not be admissible in Court. These difficulties had not arisen in respect of the earlier Committee of Review, as the procedure adopted by the Committee permitted witnesses to be heard in the absence of the detainee,

The President then expressed reservations on whether, under the regulations as made, he would feel able to relax the strict rules of evidence; and, relative to the possible confrontation of the alien concerned with the witnesses against him, expressed some doubts on whether he would be empowered to waive the rules of natural justice in the face of insistence by the allen or his legal representative on the right to cross-examine.

In the light of the Commissioner of Police's fresh representations, the Attorney General, who shared the President's views, advised that it was essential to clarify these points beyond all doubt before the Tribunal entered upon its hearings. Accordingly, the Emergency (Deportation and Detention) Regulations, 1962, were amended by the Emergency (Deportation and Detention) (Amendment) Regulations, 1962, whereupon Executive Council further advised me to make the Emergency (Deportation and Detention) (Advisory Tribunal) Rules, 1962.

These, as you will have observed, were published in Supplement to 2 to the Gazette on 27 July 1962 as GNA 68 and 69. enclose copies of them and would invite attention to the Explanatory Note to GA 68/62.

　　　　　　　On the same occasion, I made the first six-monthly periodic declaration, under regulation 4(1), that "the deportation of persons who are nationals of China, other than persons whose cases are certified by the Governor as being unsuitable to be dealt with under the Emergency (Deportation and Detention) Regulations, 1962, is impracticable".

Meanwhile, a further consideration had arisen. The extraordinary pressure of illegal immigrants in Vay had been followed by a situation, which still continues, in which the general pressure was maintained but was redirected from our short land frontier to our extended and vulnerable sea frontiers.

The whole immigration issue is undoubtedly very serious, and it is clearly necessary to tighten up still further every measure designed to prevent the swamping of the population and the economic and social disaster which illegal entry on any large scale must bring about. On 1 August, 1962, Council considered a paper on this subject; in summary the case placed before the Council was as follows. The organizers of illegal immigration by sea via Macau present a menace to the community at least comparable with that presented by triad leaders and by the organizers of the drug traffic. The drug traffickers undermine society from within! the aim of the triad leaders is to disrupt and eventually replace Government's own authority over the people; the aim of the immigration organizers is to exploit the emotions of people already in Hong Kong in a way which can only result in the degradation of their standards of living, and in the frustration of all the Government's efforts on their behalf. The immediate motives of all these people are those of personal gain and they are quite willing to accept the disruption of the Colony's society if this end can be achieved. The gravity of the danger presented by illegal immigration may be judged by the definite figures already available, 1.9. that 100,000 illegal immigrants have entered the Colony in the first seven months of 1962 alone, to which must be added the annual average natural increase and legal immigration total of about 110,000. By no means all these 100,000 illegal immigrants were "organized"; many of them came across the border in Yay in an unorganized mass, and the organizers cannot therefore be blamed for the whole of this huge exodus. But now that the population is so artificially and dangerously swollen, the activities of the organizers of the Macau traffic in aggravating the situation present a serious menace to the community. I have already reported fully on this

CONFIDENTIAL

/ situation.

[

~^NFȚENTIAL

CONFIDENTIAL

*ard).

elsewhere, and need not enlarge any further here.

All

1.8.62.

10/1250/62

The Attorney General and one Unofficial "ember took the view that no really serious attempt had been made to apply the ordinary law, and declined to advise that emergency detention should be used against the organizers of the underground illegal immigration and bogus Travel Agencies from 'acau, until the Police produced stronger evidence that the ordinary law had been fully employed against such persons and that it had proved to be inadequate. the remaining "embers of the Council, Official and Unofficial, were satisfied that the nature of the organizations running clandestine entry into the Colony was such that no case could be pressed home to the principal racketeers through ordinary Court process and hearing of admissible evidence. They also saw no particular distinction of moral turpitude between this traffic and the triad and drug menaces, and accepted that the practical day-to-day difficulties in the way of making police supervision orders both

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　They effective and salutary in such cases were very great indeed. accordingly advised me that the Police should be directed to apply for the deportation, and consequential detention under present circumstances, of the principals and key men among the illegal immigration racketeers. I concurred in this advice.

However, I need hardly say that the intention is that, wherever possible, criminal proceedings shall be instituted against such persons in the ordinary way, and the Commissioner of Folice has received an administrative directive to that effect.

On paragraph 4 of my savingram 797, the review which I forecast is under way. It seems likely that someof these regulations can now be taken out of operation, as they are covered by substantive

I shall inform you law, while others need not be kept in force.

in due course both of progress in this matter and of how the emergency procedures are working under the new Deportation and Detention Advisory Tribunal.

I have the honour to be,

Sir.

Your most obedient, humble servant,

oc: Hon AG

RSC

CR6/3231/59

DR (for D/ER)

GOVERNOR

BB/ATC/mar

CONFIDENTIAL

From

Legal Department

Telephone........ .95219..

Your Ref:

Date. 14th September, 1962....

My Ref:

TT AL.

MEMO

CONFIDENTIAL

6/3231/5490)

To Hon. C.S. (Attn: Mr. Shephard),

in.

in...

AGO 8/1250/62

Emergency (Principal) Regulations 1949.

Further to my memo dated 11th September 1962, I have been through the various orders made under these regulations, and for your convenience attach a complete list of the regulations now in operation: references are to the Gazette notification number and the figures in brackets to the page in the relevant volume of regulations :-

Regulations

Authority for Commencement

Competent Authority

85/50(161)

182/50(362)

216/52(462)

182/50(362)

50A

0908 7588

67A

173/50(334)

12/58(76) and 42/58(186) 173/50(334) 182/50(362)

P.M.G.(183/50)

C.P.(183/50)

61/51(85) 182/50(362) 61/51(85)

D. of M. (61 of 51)

98 99

109

182/50(362) 196/51(431) 85/50(161)

117

118

119

120

124

125

126

5948 1419

131

132

133

134

135

136

138

182/50(362)

With regard to para. 3 of your memo dated 9th August 1962, my view is that section 16 of the Interpretation Ordinance is quite explicit and adequate to enable the Governor to return regulations "to ice", by suspension of his order.

I have spoken with Mr. Collier about

c.c. C.P.

WSWD/Cab.

this and we agree that there is no point in amending R.137 of the principal regulations, when the power to suspend already exists.

WSWD austin

(W.S.W. Davidson)

Crown Counsel.

ent

-B23805

MEMO

From

Legal Department

Telephone.......... 95219

Your Ref:

Date 25th September, 1962.

My Ref:

CONFIDENTIAL

Hon. C.S. (Attn: Ir. Shephard) C.P. (Attn. Mr. Dawson)

.in..

.in. AGO 8/1250/62.

Emergency and Defence Regulations.

I enclose herewith for the purposes of the record very rough notes of last Friday's Conference. I would be grateful if you would inform me of any inaccuracies or omissions.

/ar.

XOF

RECINAL

926

CONS

WJW Danosun

REGISTRY

NO. 6135 DATE 2019

LETTER

INWARD

(W.S.W. Davidson) Crown Counsel

CONFIDENTIAL

Emergency Regulations and

Det'ence Re ulations

Notes of a Conference held on 21.9.62. between:

A.J. Shephard: Defence Branch,

C.J.R. Dawson: Police Huadquarters, and W.S.#. Davidson: Crovm Counsel,

in these Notes

D.R.-Defence Regulations.

E.R.-Emergency

£.P.R.-mergency

'Principal' Regulations.

I began by making the following points:-

Who

(1) I now considered it is not possible to put back on ice those E.P.R.'s already in operation without amending, the Ordinance

in view of Section 2(3) of the Ordinance.

(2) There could be no justification any longer for the retention in operation of ER.'s and t ose permanently required

should be incorporated into the permanent law.

(3) The first step should be to go through all the E.R.'s

repealing those that have become obsolete by virtue of meniment to

the permanent law and incorporate into the permanent law t ose E.R.' S

permanently required or likely to be required for recurrent mizor

emergencies leaving a skeleton of those H.R.'s only required for

full-scale emergency or some other unexpected

emergency.

(4) The second step should be a review of those E. R.'s left

There ap ear to be two courses qen;-

in the skeleton.

(a) to remove these from the statute book, prepare drafts

to keep then in readiness to be enacted at shrt

notice; or

(b) to keep them on the statute book and amend the Ordinance

to allow regulations.to be made at any time and brought

aff ice and onto ice as required by the Governor for

CONFIDENTIAL

2-CONFIDENTIAL

emergencies.

first

I strongly advocated the course which has the following

attractions auditions:

advantages

(a) much greater flexibility, 1.0. could be roviewed

annually or when required and altered without che

necessity for formal amendments;

(b) does not require amendment to the principal Ordinance;

and

Commission of Jurists or any other body. Further

more the need to have these regulations enacted by

the Governor-in-Council could not be considered a

serious disadvantage as Council can be mu moned at

very short notice.

усл

{

I suggested that the decision as to which course should be adopted

could be taken at a higher level when we were near, completion of

the first stage.

(5) I also suggested that we should review the remaining D.F.'s kept in operation by the Def'once Pegulations (Continuation) Ordinance,

1958. I pointed out that these regulations which were kept in

tide

operation to tie it over the period between the end of the war and beturn to normal conditions has

oven less justification for being in

operation than the E.R.'s and that since they covered very much the same

ground they should be reviewed at the same time. However, I suggested

that the Defence Finance Regulations, 1940, should be left to be

considered at a later stage.

We then went through the E.R.'s still in operation and decided on

the following course of action:-

Emergency (Prevention

(1), Provister of Cholera Regulations, 1938. These regulations were

ĥ necessary to meet the recur ent emergency and such us are still required

CONFIDENTIAL

}

CR fik

CONFIDENTIAL

should be incorporated into the permanent law.

This does not mean

that powers would be exercisable the whole time but unly, for example, when Hong Kong is declared to be an infected area. I undertook to take this matter up with the D.M.H.S. and report to C.S. when we reached agreement,

(2) Emergency (Requisition) Regulations, 1949. I pointed out

that there is nothing in these regulations that is not also covered by

the E.P.R.'s. Shephard mentioned, however, that there was still some

property held by the Military on requisition under these regulations.

agreed

We regret that there could no longer be any justification for this.

Shephard undertook to take this matter up with the Lands Branch and we

agreed that when this matter was sorted out these regulations could be

revoked.

Frailway Hotel

action

action.

(3) Emergency (Royal Navy) (Police Powers) Regulations, 1949.

We agreed that the Royal Navy were likely to be used to help in the

Anti-illegal Immigration Drive from time to time and that therefore

the power of Commanding Officers to act as Police Inspectors under the

Imigration Ordinance should be incorporated into the permanent law.

It was not known whether the Navy still required t eir power to act under the Merchant Shipping Ordinance, An attempt two years a¿o

incorporated these regula ions into the Immigration Ordinance flounderod

over the Navy's insistence of power to use fire arms. We agreed that

there was no justification for the Navy to have power to use fire arus

in carrying out their duty under the Immigration Ordinance other than but thought that a decision. issue should be taken how at a

this

in self-defence and also a reed that the ap ropriate place to incorporate

　　　　higher level. Λ

the naval powers to act under the Immigration Ordin-nce was in the

Immigration Regulations, 1961, by addition to the Second Schedule.

Shephard undertook to take this matter up with C.S. and to secure the

Navy's agreement in principle. I undertook to find out whether the Navy

still required powers to act under the Merchant Shipping Ordinance:

once the appropriate amendments had been made in the Invigration Ordinanco

and if necessary in the Merchant Shipping Ordinance, or alternatively in the Police Force Ordinance, those regulations could be revoked.

CONFIDENTIAL

བན་ འབགས་ཀ"མ

-CONFIDENTIAL

(4) Emergency (Anti-aircraft Gun Practice) Regulations, 1949.

It had been definitely agreed that these regulations would not be used

the

after the termination of sent shoot in the mille of November.

Those regulations could therefore be repealed by the end of táis year

without necessarily waiting for the amendment of the Defences (Firing

Areas) Ordinance,

(5) Emergency (Arus and Ammunition Ordinance, 1933) (Amendment)

Regulations, 1950 and 1952.

(a) So far as the 1950 Regulations are concerned we agreed

that these could be repealed inmediately and that if it

wa. required at any time in the future that nevers of

the Essential Services Corps should be allowed to car y

orms and brought within the definition of exempted

persons in Section 2 of the Arms and Ammuniti în ûr lin nce,

This could be done by order of the Governor under

paragraph (b) of the Definition of Exempted Persons.

(b) As regards the 1952 Regulations, which mended temporarily the

maximum sentence un er Section 29 of the Arns mi

Ammunition Ordinance from ten years to life imprisonment,

Ithink this amendment should be maile permanent or it

Thought

should be concelled. We agreed that this amendment should

be made pernment and that when t is was done these

regulations also could be revoked.

(6) Emergency Exportation (Hiscellaneous Provisions) Regulations,

1951. These regulations will be revoked when the new Import and Export

Ordinance is enacted.

(7) Emergency (Defended Areas) Regulations, 1951. We agreed that

these regulations were obsolete and could be revoked at any time without

waiting for the enactment of the Security Areas Bill.

(8) Emergency (Immediate Resumption) Regulations, 1952. These

regulations provide for a speedy method of land resumption where land is

required for the public purpose of affording accomodation to persons

CONFIDENTIAL

"ཡ་མ་ན

✓

mmission

CONFIDENTIAL

in need. This ve co sidered to be requr d from time to time and we

the augested it should be incorporated into Crown Land Resumptions

Ordinance.

(9) Emergency (Essential Supplies) Rogulations, 1952-as for

item 6.

(10) Emergency (Importation and Exportation) Or linance (Amondient)

Regulations, 1953, 1954, 1955 as for item 6.

(11) hergency (Agricultural Poisons) Regulations, 1955. I agreed

to take up the question of the incorporation of these regulations into

the permanent law with D.M.H.S. and Director of Agriculture and to

report later to C.S.

(12) Emergency (Deportation and Detention) Regulations, 1962. Te agreed to leave these regulations until a later stage. Pd. Lit

of sextoring moister Tep: of Miews 0.4,

3. We then began to go through the Emergency Principal' Regulations,

1949, beginning with those already in operation and decided on the

following course of action:-

Regulations 21 and 22. I pointed out that these

regulations were very nearly covered by the present

Telecom@mication Ordinance and that if there was any

further provision required it could be incorporated in the

new Telecommunication Or nance at present being drafted,

I agreed to take this matter up with Collier who is drafting

the new Ordinance so that he can take it up with the P.M.G.

On the enactment of the new Telecoma ndication Ordinance,

These two regulations could be revoked.

Regulations 25 and 26. I pointed out that Regulation 25

was partly covered by the Sedition Ordinanco but felt that

this Ordinance would only be used in serious cases, Dawson

recommended that these two regulations should be incorporated

into the permanent law and wo agreed that the appropriate

place would be the Public Order Ordinance. We would also

consider enlarging the regulations to include power to enter

CONFIDENTIAL

fuller description

CONFIDENTIAL

　　　　　　　　　　　　　　　　notices private property and to pull down or obliterate such aisances,

Regulations 29 to 32. We agreed that those regulations would

only be used in a full-scale anergency and should therefore

be retained in the skeleton.

Regulation 34. We agreed that this regulation is now

obsolete and could be repealed without waiting for the

enactment of the Security Areas sill, since it was already

covered by the provisions of the "ublic Or‹ler Ordinance.

Ponton to forth of. A GP

Regulations 36, 37, and 40. We thought that these

regulations would only be reqdred in a full-scale energ; acy

and should be retained in the skeleton.

Regulations 50, 50 ma 51. Shepherd pointed out that

regulation 504 was incorporated as a result of a sup estion

by the Secretary of State and we agreed that theso vital

provisions should somewhere be incorporated in the punanent

law. The Immigration Ordinance was my ostod as a possibility

and I undertook to consider this matter.

Regulation 57 of this regul-tion is covered by Section 12

of the Public Order Or inance ani can be repealed.

Regulation 58. We discussed 58(1)(a) and decided that

the provision in the Road Trafic, Ronds and Signs Regulation

could be used for minor matters such as, parades, fotball

matches, etc., and that viure a road is to be closed for

security reasons it could be declared a 'closed aren' under

the Public Orver Or ́inanco,

As regards 52(1)(c), this a ears

to be coverel by Section 12 of the Public Or or Ordinanco.

However, we decided that this regulati n sikuld be retained in the

which

skeleton in view of the provisions of 51)(b) did not

other.

appear to La fully covered by legislation.

Regulation 62. I agreed to consult r. of C. & I. and

also to consider whether this regulation was or was not fully

covered by the permanent law.

Regulation Új. I agreed to consult with D. of M., D. of

C. &I, and the Manager of the Kailway as to whether tis

settled.

-CONFIDENTIAL

regulation should be repealed or retaine:) in the skeletan,

Regulation 65. This is an ancillary provision for the

most part covered, as far as the Police are concerned, by

Sections 45(6) and 49 of the Police Force Ordinance but it

was agreed to come back to this regulation later when we

had removed from these regulations all offences creating

sections in operation.

Regulation 66. This regulation should be retained in

the skeleton for operation in full-scale emergency, but we

also decided that we could widen the provisions of (Insediate Requisition regulations to be incorporated into

Resumption

the Emergency

the Crown und Lands Requisition. Oruinance, to cover cases

where land is urgently required for purposes of public

this security. A recent example of when was the building of the

Border Fence.

Regulation 67. We co sidered that this regulation would

only be required in a full-scale energency and could be

retained in the skeleton. However, I a reed to consult with D. of H. who had been apointed competent Authority under

the nad this regulation as to emfor its retention in operation.

Regulation 67(A). I pointed out that this regulation was

added because the C.P. at that time did not wish to use

regulation 67 for the temporary commandeering of vehicles

and vessels,

Daws n pointed out that vehicles were

comman leared by mombers of the Police Force from time to time

in cases of emergency although he did not think any authority

had been given by the C.P. and I said that in cases of

genuine emergency where a policeman was acting reasonably

and in accordance with his duty Government would stend

behind him in the event of any civil action or claim for

should

damages. retained in te skeleton than be incorporated in the Police

Dawson thought t'ut this regul-tion and better te

rather

Force Ordinance, but agreed to take the matter up with C.P.

Regulations 70, 71 and 75. We rood that these

regulations should be retained in the skeleton.

CONFIDENTIAL

shekka.

eg personnel.

skeleton.

maybe covers

-CONFIDENTIAL

Regulation 81. I suggested that we could deal with

this regulation at a later stage when the other regulations

had been dealt with.

Regulations 83 and 84. These are ancillary provisiona

which could be dealt with later.

Fegulation 98. Dawson pointed out that this is covered

as regards finger-printing by Section 54 of the Police Force

Ordinance. Dawson & reed to discuss with C.P. whether there

was need to incorporate any of the other provisions of this

regulation into the Police Force Ordinance.

Regulation 99. We agreed that this regulation was no

longer required to be in operation in view of sections45 and 49 of

the Police Force Ordinance but should be retained in the

skeleton as being an ancillary provision to regulation 31.

Regulation 109. We felt that there was no justification

for having this regulation in the permenant law or in operation

and suggested it should be retained in the skeleton. I pointed

out that paragraph 2 eppears to be masensical and should be

amended.

Regulation 117. This regulation aupears to be completely

covered by Section 4 of the Arms and Ammunition Ordinance which

carries at least as high a maximum penalty also that the

definition Farms in that Ordinance las a very wide neɑning

and now includes flick-knives'. This regulation is also

partly sovered by Section 16 of the Sunny O.ences Ordinance. It could therefore be repeated.

Regulation 118. We folt that there was no justification

in having this regulation in operation and that it should be

retained in the skeleton.

mrsprision of Felony

Regulation 119. This regulation which is a statutory

equivalent of the old Common Law Offences of imprisonment

principles for felonywas contrary to the only principals of criminal

law and I suggested that it should not be in the eruanent

law unless and until the carrying of arms or explosives

becomes prevalent again in the Colony. I sugested that it

should be retained in the skeleton but Davson agreed to

CONFIDENTIAL

- CONFIDENTIAL

Regulation 123,

obtain the views of the C.P.`

Regulation 120. There is no justification for tis

regulation being in operation at the present time and it

should be retained in the skeleton.

Regulation 121. We agreed that there scened no point

in retaining this regulation in view of the very much heavier

maximum penalty in force for carrying arms.

However, it now

occurs to me that this regulation will also apply to exempted

persons who are liable to carry fire arms and it should

therefore be retained in the skeleton,

Regulation 122. Shephard pointed out that there was

very little in this regulation not covered by the Arms and

Ammunition Ordinance and I agreed to co: sider whe her amend

ments should be n de to the ras and Ammunition Ordinance so

as to fully cover this regulation,

Regulation 124. We agreed that there was no justification

I would consider incorporation in either Explosive Subs-ord, or Dangerous Goods

　　　　regs. Covered by for this regulation being retained in operation and that it secs of Do Good race.

should be retained in the skeleton.

Regulation 12). We agreed that this regulation should

also be retained in the skeleton. Shephard sug ested that ve

should consider analgamating it with regulation 109.

Regulation 126. We agreed that there was no longer any

need for the retention of this regulation in o eration in view

of the very wide provisions of the

Societies

Ordinance

and agreed that it should be retained in the skeleton.

Regulations 151 to 156. These are ancillary provisions

dealing with of ences under these regulations and should be

considered at a later stage.

In the course of considering the .P.R.'s we also considered some

which

of the Defence Regulations, 1940, tat are still in operation, in view of

the fact that many of them are in almost identical terms to corresponding

E.P.R.'s:

Regulation 43. This is similar to part of F.P.R. 58 hart relating & docks, appears

exception

and, with the extention of the dock powered to be covered by

CONFIDENTIAL

-CONFIDENTIAL

that ".P. I agreed to consult D. of H. as to need for this

retention.

Regulations 46 and 47. These are virtually identical

and completely covered by K.P.R.'s 62 and 63 respectivaly.

These two regulations sho ld be retained until the result

of my enquiries o. E.P.R. 62 and 63 have been completed.

Regulations 56 and 57. These are completely covered by

E.P.R.'s 70 and 71 resectively which we agreed should be

retained in the skeleton, These regulatio s can now Le

repealed.

Regulation 54. This regulation is covered by E.P.R.

75 which we also need should be retained in the skeleton.

This regulation may also be repealed.

We agreed to meet again in a few weeks time so that we could

review the remaining E.P.R.'s, the remaining D.P.'s still in operation

and to discuss progress generally. I agreed to contact Shephard and

Dawson when I had had time to consider these remaining regulations.

CONFIDENTIAL

J.F. 78 A

400-7/61-B23938

6/3231/59

From.....

Jond Deertmont

Ref...

.in.ACC/C/250/C

Tel. No..

MEMO

Director of Unreso

To Dinocter of "Laino,

Ilustry.

BAY, CI KAMIOGT UM UT SA wy

27th k teber, 19:2

Your Ref.

Davásion of Tafence "emals long.

Date..

dated

28 SEP Reed

I havo been cale' on a ratúter of ten pricarity to do a

raviola of the Báx co Damlations still in o emtion.

Mvno raspur tions vase zade in 1940 infer the withority of a Whited Kingdon Act of ?urliament, c3 nur Macnponoy Levigintian; etto: t'e ver cortain of the ra virtlana wao bat in gantim to tide over the perial Delioms die qul of the var and rottu to namel conditions, til som rojgilation (an still in operation.

She Dodenco tik tlang ställ in operatias are listal in tho Se elule to the D-Pance Do: Intiano (Continuation) (a Aranco To. 37 of 1.50.

to have shortly con in for scue critician for ar rotation in the laws of the Golazny af 200, wey logik tiɑus michi Koro inden let to bo of a tomaray natus, cel it is folt Cut Up tius les com fur c. tejar zovie of tuono Defa en Pajulation, alen - with the other bamey Popilotion sado inter a laxl Ordinance.

There are twoo possibilities, as reverb the OKED cc:furnace by these ruleticne

(a)

(3)

(c)

they are semized poznestly, ce in sest soomment tion once ye long in Vich emo boy goal bo

incon montra into the pranon kun

they cao not zogaired in any ove^, 131 mr bocatTO

a similar power alsonly adala sarkana

or bocetine tivy mal? neam to

dideh aso 1.99 can be rovell árabel :

起

t'og night in rogiral in the awont of a full scale one prop da which enne ting uth be telan out u? sporation, but hold in rooliions to be tranht Sko oxamiden 4* och en emacy Proced. In fhot the injority of Bono Delanco Furnâilima sro som custo" in a1 ost iketion) fours in the mire NOT (1 rinciral) Nopalations, 1949, all thuro 1 de du do, them in no sannan wy the Defenco Lopilationis nilotla not be invadiately re-colod tr loss it do being mot et to prvoons tik.

I ancloro a table of those of the Defaroc Topaludios 1940, CIVA tim ardors do t'otou 2, Fali ere still in canidan, Gogothaw with sy comenta and condos & mract: in calde to engist atengsson I an under Kadang du blno in kay arguiato cay, those rogalafilan in which coch a. Sressos do Miloly to be interestal, and vœll be cost antoiti ie you octill assist no by forumaling the frontiɑn on) nivice vorpåved at pr caallest cavonicnoo. I næll be pleasel to miten uny (mories you ey lave.

You

Please note thy t I turo opittel fro. this table the Defones ("inonco) Regulations 1040 atoe these vill bo falen up at a later stage. I have also cuittol the Fort Toentivo Comáitoo frèar 146, dhich apponi in the choule to the fence Regulations (CoMimetica) tinanoo 1,60:

CENE

DENT ACSSTRY

NC370 DATE 24/1...

INWARD

LEITER

2 -

it appears that this anlar vas nertial in 1964 by the Lav Axint (wmeiticul provisions) Cader 195%, and was doclate in the Schottle

in cZYON.

I an enclosing copies of the rolovat rogilation for yaz

cqwalaO.

Wosen Dam of in-

(n. 3. 7. Davison)

Cran Comsel.

c.c. Ilai. C... (h. Shepharo)

C.P. (r. Deroun).

kt.

Tofen se Rogulet ons, 174C

st in exist onoo.

utions ^,8,4

quivalent provision in

ergonoy (Trinca ̧ m1) oltona, 1040.

.P.R. 2,5,4

Regul:tion 57

E.P.R. 42

Fegul tion 30

UJA, 50

Population 43

E.P.R. 87 nd $3

Legulation

C.S.

192

Con onto and quaries.

(1).K. = lofona nogu tions, 194); E.P.R.= Dzorgency (rrincípí) Rogal-tiona, 1940).

Thonn re introductory "Avvis ons ·nd cust stay in operation till 1 to rubatent!vo

rovisiong h vo boon revoked,

The pool rtion of nocne corriges Arder, 1243, which is rup le entry to PRO vill utointiavily be revoked with it.

The Governor's powr under this rogul tion via formerly delegated to the Portxutive ottoe, but this pointmont in ord in 1954, ́nd I on find no rocord of my other dolog Lion Irving boon = do:

o noe 1945, no mvig tion ordora under th ́o rqul tion per to be boon gazetted, clthough it is not strictly neocsorry for them to bo Engellod, and I nogune that this control is nou exorcisod undor the Torch at hipoing Grdin.noo.

Hould D. of 3. plo so (Čviar no on uhoti or there lo my nococnity for "Não D.F. to bo in operrtion, bo ring in n'nd that, for the urpoon of erorgenolna, it la corplotoly covered by Earl, di

Again, the power under th'a rom? *ion wa dola, tod to the Port I zoout! Socmittee nd thio ho now 1 poed. Agin, s.nco 1045, no ordore np. war to have boon gạottod under tids rogul: tion.

For the purcoos of o orgeneies, it is covered by E.F.K, 56, -1 though th ́t m'ght woll be e onded to include the specific powers to inpose conditiono.

Would D. of M. plc ao ndvies no she thor ti oro la∙ny nord for t! la ba.... to be in operation now,

formarly the Port Exautivo Committee, Raliw y tengor (for ri wya), Cl. of "oœurity Cff^oor (for hij w ys) nd -ontroll r of inter fr ns ört (for decks, turbour nd in-nd untorwyn) word coyotent uthorities under this ropulation, but tione h vo nou Inpand. t follows that this regulation oʻnnot bo uod unless a fresh pointnont is

ndo.

ha rogarde the rostriction on use of oulon nl u toro, thứo prov ́a'on io incorper tor in the portanɑnt 1 u in s.1 of the Publio trdor Grain-noo, Cap. 545; en' for omorgency purpoara, it la covered by P.ř.k. 57 and 58 with the ocalule exco tion of doola.

Could D. of M. and linggor of the Railway ple so confirm tivit it io no lon or requ'rod to be in operation.

the visu

'n orðor under this rogul tion could formerly be indo by the Port ancutive Co-m'tter but now on only be unde by the Governor }

sador a do under t coe reg tono th tho bun v tud by the 100 rdin neo is the Lofence Lunt 5 on! Durer 194 (GM.170/4), and no orcaru A

web on y zotted since. If the ENG

when al 111) tæðir lo still rog-frd, Bug ut it alould be 'noor or tod in the cyrynt น.

or tu

Could D of 3. & 1, infor: : o vhether this order is stil rou'red to be in oor- tion und 5. of U. & i nnd D. of, whether thĩa rog, lo regiired to Lo in opor tion for ny other ur or other than giving v·lidity to the order.

To retrdo ito uợn in an or organay it to completa y cov: red try F.P.R. C^.

afin e împu

Leg-2 t'on 47

Hmcs.

antavan D

kom onte nd quəriode

tona, 1940

dafonoc.

"qule

Thorn nay (rine pil)

qui t'oro, 1040.

E.P.R. 43.

Governor.

(2* " = Lof noo Rogulat na, 06 | R.P..=.borjancy firing pinguit cos, 14).

ib o power on to exreford by nay 10...0 (FS arr, or rt or officer on our d to rat bg the

to roc

tion a cop oto y am miả tỷ 5.d. "Ofrenang noy ar ooro; or of tho 12 y lo aonfirm that it would not and it nord not be retained in opar ten,

f. of

obory nay,

o frd owo et la în

opal-tion 5)

E.P.A. 7.

The on y donotent cuthorit'on under th^o rogalition & the proat time to the D'y otor of Con orvo wc Imustry.

A nur ef ortare a de und r t ́o rogaletion ro otila in o or tion ad to s culata cannot

of ocurro to z veled ant 1 the orcora are no "on or roquir d.

Klo fel ou ng my the on OSD :*

(n)

1 Feat: ne

(sopircing the 1965 ordori - t'ese -broo ord ro bo dhto fix d y con ance, ent of the ring ♬ oh (rketing) ovʻolatica

oxild to in bolero o t*0.

Con tôi nên đông tới ra

(b) asan bitod morta nion.

Je propont ridol a rol ft d un on this er ́Or

pro a mlado candoun 061 oction istod in tho polodulo tu in monkmont or e o ôn in 1135 (0.0.^. (c) of 1955) -

ugh 00, bar a, lutt r, cunny bego end ali

12. e ca ort of any of o it co a ot.

UP.

td,I tu d mugo at that t'oy ould be innor or ted into the noh d.lo of ho * ort t ca #o! "b]t'on)("

•

e the

rioro

(0) Imort__cHÁNÍ IR 1047 på i otocima non 1031 it a o`ra tutti co 1 no

regulations unë e từo 2coont I. nd, thin noo, ouvoring ha alujost inêtre and I roau o th rod so that thay - at 11 rug ir d to be in o oration unt 1 the en et ont cứ to port clon and sort tion (1^c^na'ng) " gul 6. ono, 10 I

ve dioxiso ó th'a v ́th

rd n 200.

T. 30 or 5? o a roth 2 th so rogujat ona onn b on at d under the r cent 1. nd ".

a ono pot of r gul t'ono, nd nood not wait the on otsent of t'e pou - pre to co tint : 0 oto 07 I vou d stringly as pert to a Gud, ainco it a.

CRÌD DOO,

to tio revuo tion of 1 ballo.

no reg.lat on "tarf so ousplataly cov = d ty L.PR. 7, vað 'o in kela, ona turfor to and in to event of a orgonoton, would b. of ù. nd .... puo

← 00 FAD - 0

modi.ent

dat on tro, nd this

ut tiro, ot' cs

: on

() { et' or this pogulition "a roquired to do in opretion at the

for to ur om of giving val^dity to the orders a de unĉor it;

I crto enŇOT root:11 (1) (^etuar sny of the ỗ "et/cla a te ao od le to the izo duft d

reg rod to bo whibited, ni 18 ∞o wedłes, ther io ny r con uyt y ould not

nalud d in the so- dlo o tu port: tión (iro :& tion) { tr todo o nod t ́oa) A ulet unoj

(11) with r i

u:o bi nood

Foru

ro tau D

• (lo naing) r g-lit ono.

correct in sowing that the Igort and import ontani to be retinod until the en tront of t::o I. nd

Defence Regulations, 1940

sti11

n existence.

Regul tion 503

Equ'vnt rovision in Briargonoy (Prino`p-1) Regulations, 1949.

E.P.R. 75

Regulation 5o

E.P.R. (6

K galation 54

E.P.I. 75

Regulation 55

E.P.R. (7

Han C.S.

So...mont

nd queries.

(D.. = Defenue Regul tions, 1340; E.P.R‚¤ Hmorg noy (Princip 1)k gui tions, 1 49).

The only Competent uthority under th`s regulat on 3 now the bircator of Commerce and Industry.

No orders under this rogulat on hav be ng gottod since 1945, and nono r. tined tle 1988 ordinance, nd wuld D. of C. and 1. penge confirm that this regulation is not required to be in operation.

gin, for emergency pur ours, the regulation is complet ly covered

y E.r.. 75.

only The Lover Torpetent Authority under tie regulation who the recomodation offic r lut his nonta nt fins now la sed; it follows toreford that the r gulationo cannot be usod sgmin unless a fresh a point nt ar de.

no eo,

It was og cd (Siopard, u voon, Davidson) that there a ou d to inoor œstod in the or nont low, a be a oedy ot od cfnd reauption for minor a or

nd re pong of jub je o curity; and hat he equiv lont rov a ong n the .P.R's ni ould b rotained for ure in full serie cmorgondies, ient or fore onɑ no purove in noodlons di L'ention nd wou'd aug out that ti s D.k. should be revokod.

ihor is ono diffiality, how v r, nd t at is that 9. of the 1953 Cr‹lin nco roy des for the continuation n operation of roquis tiong of

nd **** do under dar gulation notwithst nding tho f at that it is not In the schedule.

I cannot mys jf find any reference to any requalt`ono ! ving; loen gazott, d under this regulation, ut tore in no no arity to cette nc i would be grateful filon. C.. evild odvine zo on whither -ny of there proutat nding.

also please refer to my separate memo on Emergency (Requisitum) Regs. 1949.

This rulation is hy 'iented by F.P.R. 78, which vo agreed akauld bort ned for une in en e org noy, tiche a qulation in ab-ald cum der nd is trip iontod by H.7 of the

Thio B.it, hou d th refore korgency (loquialtion) Rogul tions, which are in o or tion. Fea'od.

1 o, ir d

n v w of the foot tint ooler tint pl cation

a no 'onyer offectiv •

it wo

1:e competent uthority under this regulation is the 'Dr ctor of su Industry' by virtue of the 1940 Order relating to regdølt ongi 3. 5 of the 1968 Ordin nes r 1-tos only to D.k. 5?, I think the any requisition a dɑ und r this r g:1 t on r or tỏ thự ☺er 195

nó nên Iran find no r for no to 'ny r glu tion : vin' toon C actted ain a.

a mod no junt ficntion ng dat ho conf ronce (3 e perd, inwoon, Devidoon) that tr

a covered for elev nay Ar for the tention nor ion of this rag ton nd it by E.P.M. (7% the 1041 or or (G.li.h. 205/4') would then nuto ntic ly be rewalled vi hit. Would D, of 0.∙nd I evine wether le 10 nw re of any requ'sít.ons hy ng by en How abr 158 under tilu regulat'on, or viet or lo a es any other men for its retention 'n overation.

o inco

@ trig Would D. of P. (uho "a conga en' nut'ority under For. & 7) vior whi thor ny regiisitions under 5.P.3. €7, or whether he e ca nny o hr ́run for its rotonijon ^n o er tion other than `n an eorɛency.

(:0

Defence Zogul ti ona,

stili 'nxistence.

1940

Regulation 50

Rgulation 57

Luv lent rovision in norg ney (Princip 1) Regulations, 1149.

E.P.I. 70 E.P... 71

Regulation 73

C.P.P, C

Co tronto

no quer e9.

(D... = Df nce I mulat' no, 1946; 5.P.k.mergency (Principal)oguíntions, 1349).

The owers andor those two reg:l tione c^n now to cxcreted by the Governor on y: for erg noy ur oses these two r gal tions re cpletely covred by PJ's, 70 nd 7, nd her wuld on m to be no justifie ten for them being in operation at ther cent ime.

Compet nt nathorities under tids regulation aro ho n. of C. nd I; Post l'aster General.

For her, noyur,oses this regulation is completely cover d by '.P.R. 30 and would D. of ù, and I nāvi e on whether tere is any hood for its retention in operation.

Regulations ~9 75, 70, 77,

78, 7, 81,

82, 83, 84,

86, 07, 88,

89, 0, 01,

32 95.

E.P.R. 97, 112, 101,

102 nd 18, 108, 90, 133, 131, 130,

87, 104, J

93, 83, 07, 108, 154.

The er gul tions are all ncillary and ule di ry to the sain regulations,

nd cannot be consider dunia later stage.

61-823933

Legal Department.

CONFIDENTIAL

MEMO

6/3231/59

Hon. Colonial Secretary

To (Att. Mr. Shephard)

(93

Date 28th September, 1962.

Ref..

..in

AGO....8/1.250/62

Tel. No.. 95219

Your Ref..

dated

Emergency (Requisition) Regulations

1949.

28 SEP Recd

Further to our discussion of these regulations at the recent conference, the following new points occur to me :-

π 1.

BODIE

Regulation 3. In addition to the land requisitioned by the military, it appears that land was recently requisitioned under this regulation in connection with the border fence (see your memo dated 18.5.62 to D.C.N.T.). This is the type of case I envisage as being covered by the proposed immediate resumption provisions, to be incorporated into the Crown Lands Resumption Ordinance,

　　　　　　　Since there is no necessity for requisitions to be gazetted under either this regulation or DR 52, we will have to ensure that all existing requisitions are catered for in a manner or another before repealing the regulations.

these two regulations :

1 one

The following have been the competent authorities under

Emergency (Requisition) Regulation 3:-

D.C. Barty

12.1.51

A. St.G. Walton 19.10.51 D.C.N.T.

•

19.10.51 25. 5.62

25.5.62

(Regulation 3 only) (G.N. 7/51) (Regulation 3 only) (G.N.182/51) (Regs. 3,5, 7 & 8 ) (G.N. 47/62)

Defence Regulation 1940 Regulation 52.

Accommodation officer 4.9.39 28.6.46 (G.N. 746/39)

Principal Assistant Colonial Secretary 28.6.46 - 2.7.49 (G.N.194/46) A. St.G. Walton 2.7.49 - 12.1.51 (G.N. 147/49)

From these appointments, it seems that Regulation 52, ceased to be used after 12.1.51.

2. Regulation 6. At our recent conference, I overlooked the fact that a number of orders have been made under this regulation, most of which are still in operation, authorizing the use of land by the military for firing purposes.

　　　　　　　A complete lot of those in operation can be found in the index to the 1961 volume of regulations, and they appear under the following gazette notifications:-

G.N.262/50, 60/53, 133/53, 134/$3, 135/53, 1.

138/53, 164/53, 173/53, 165/54, 167/54, 4/60.

137/53,

It appears from a cursory glance at these orders that in all cases the use of of the land is required by the military for firing areas, and I assume in view of the fact that these orders have been retained in operation for a number of years that they are required on a permanent basis: if this is so it is quite unsatisfactory that they should be retained under Emergency powers. It seems to me, at first glance, that these firing areas are not dissimilar to those included under the Defences (Firing Areas) Ordinance, and that perhaps the most satisfactory way of disposing of these orders would be to incorporate them into the new Defences (Firing Areas) Ordinance, on which we will shortly be starting work. I would be grateful if you could give some thought to this matter.

6269 DATE 2919

AWATC UTITER

CONFIDENTIAL

/ 3. General.

CONFIDENTIAL

General.

　　　　　　　　　There may possibly be some other powers in these Regulations, which the military rely on to give them legal justification, and it may be that we will require a conference with the Army legal representative, or Command land agent before going much further on this.

WIWD and Th

(W.S.W. Davidson)

Crown Counsel.

c.c. C.P. (Mr. Dawson). 12

CONFIDENTIAL

1-B23933

MEMO Jian. D.ll. & ILS.

Hon. D.U.S. (Att: Assistant

Director, Hygiene).

To Comandant, lia/ker Control Furce.

Date 9th October, 1962..........

dated..

Legal Departament.

Ref...

(10).

in £GO 8/1250/62....

Tel. No. 95219.

Your Ref.

Provention of Cholera l'orulations, 1938.

I have been asked to undertake, as a matt r of urgency, a revision of all Emergency regulations still in operation, imdor the Emergency Regulations Ordinance, Cap. 241, with a view to either -

(a) repeal, where the provisions are obsolete or not

required at the present time;

(b)

incorporation in the permanent law, where the provisions are more or less indefinitely required.

One of the sets of roulations still in operation is tho Prevention of Cholora Regulations, 1938, as wacnded by subsequent regulations. Some of the provisions of these regulations a, pear to be obsoleto, in view of the fact that there are similar provisions in Urban Services legislation; it may also be that the other provisions are no longer required.

3. I attach, for your convenience, a coy of the Prevention of Cholera Regulating, 1938, as amended, nil below my comments on these regulations -

Remulation 2. This is partly covered, so far as the Urban areas, are concerned by Bylaw 30 and the Second Schedule to the Food Business By-lavs.

Forulation 3. This is covered, for the Urban areas, by Ny-last 5 of the Frozen Confections By-laws; and partly by rule 3 of the H.T. rules, for the New Territorios.

Romulation 4. I cannot find any other specific regulation or by-law prohibiting the sale, etc., of non-nerated drinks, although non-bottled drinks are included in the Second Schedule to the Food Business By-laws,

Terulation 5. Again I cannot find any specific regulation o by-low prohibiting the sale, etc., of these commodities.

Rosulation 6. As rogarda the Urban areas, the sale, etc., of

Yu Sang is absolutely prohibited under by-law 29 and the First Schedule to the Food Business by-laws; the samo beg not seem to apply for 'Yu Song Chuk*

Regulation 7. As regards the Urban areas, I imagine that mussels came within the term 'shellfish' and are therefore covered by by-law 30 and the Second Schedule to the Food Business by-lwa. rovilation 74. This regulation appears to be completely covorod by by-law 23 of the Food Business by-laws, and now obsolete. Remântion 8. Section 59 of the Public Health and Urben Services Oruinance, confers pouvors of seizure on public officers, wider than regulation 8 in the sense that offending foodstaffs can be destroyed without reference to the mugistrute. Also the ponalties under the Food Business by-laws and N.T. rules are very much more stringent.

　In akuition to express prohibition of the sale of particul r foodstuffs, it seems that indirect control can be exorcised under the licensing provisions of the Hawker By-law, and N.T. rulos,

　It is mosted that those provisions which are not covored elsu hero and which are still required to meet the recurrent Cholers threat should be incorporated in to the porn nent lay in the most apropriate place. I would be most grateful therefore, for your instructions on w'ich provisions if any are still required.

The repeal of those regulations vill not, of course, affect the power to make Dhergency rogulations to neet Tergencies in the

future.

WswDanisson.

V.S.. Davidson

Crown Counsol

c.c. Hon, C.S. (Mr. Shephard).

C.P. (r. Dawson).

lion konc.

O...JINTUI, No. 5 of 1922. (1.1M Y

LYEMLA JUMS).

Published in the covernment Gazette iztreordi.ary of the

30th 103, 1938, coverment Notification lo. 430.

In exercise of the powers conferred by section 2 of the

Ther, they te uletions Ordinenec, 1922, the Governor in Council

nakes the following regulations:-

Prevention of Cholera.

1. In these regulations "hauker" neuns rny person who

tredeo in any street or public thoroughfare or gocs from plrcc

to place, or joes on board any vessel, sellin or oxysing for

sale any goods, vercs or ; czc.andise imediately to le

delivered, or expesin amples or pat erns of tury goods, va200

or Lerchandise to be afterwards delivered, or selling or offer-

in; for sale his skill in handicrrit, except a person selling or

decling orders for goodo, veres or Lerchandise to or fron

persons who are deelora therein and who by to sell again.

2. No hauler strll cell or expose for ele or of er for cele

nny freo.. fruit unles. the crne is role, that is to any, w.cut

and unpeeled.

3. No healer slali sell or expose for acle or ofier for sele

ice cream, or riy "rozen or c.illed preparation com only

know ro "ico creen" tiless he holds a por it in writin' in

tirt Lehrl" ci cod to Claisen o. the rien Covicâl end

by a calth officer issued to im r.ter the drŝo of clin

rc uletion.

ULA

(

4. No lauker sinl. sell or expore for u: le or of er for le Fny non-acrated drinks, in the preparation of vic. Prit jaco

or erla (ot or wall ten) tre used, unless he

ldo r per lt in

writin : in tint behel: signed by the Chairrn of the Urben

Council and by a colt ficer issued to hin a. ter the date of

this re ulation.

5. No betler cicle scll or expoco for cele or offer for erle

any of the jellies Inom no Loun; Jan (

) and Lan

Teu Lo() unless he holds a perit in writing

in that behol. cized by the ünim an of the beni Council

orlt. :icor issued to him rfter the dite of tis

and by a

ulrtion.

6. Ixcept wider end in eccordance with. : mitten zernit

signed by the Chairman of the trban ouncil and e icelth

Officer, no perron stall sell, or ofter or exj, co i * e: lc, the Chinese dis..ob lov: eo "Yu Seng" (

) and "Yu Song

Chuk" (

15*3

7. No person stall cell, or offer or expuse ir cele, tie

Lussels known as Jan Shaui Lin ( 2 ), or riot.cr lind

(K 蜆

of ursele ot er then timed russelo,

7 (1) lio parson shall, ia eny pomer viatsoever, in

the harbour or in Kwaichang; Bay, collect shell fish,

(2) for the purpose of this re uletion the tert. "shell

fich" i...cludes mesele, círůpo, ¡raw 6, lobsters and ell

oti or inds of mollures and crustaccent.

(3) for the pup se of this rc ulrti n "weichnung Kry"

Deans the cren bounded on the west by a line derm tree

hundred and thirty-Mix de тe s from ti o vestern aztzarity

of tonocUL. CIC

shore

the larblur.

il rr loland to the costern

on t..c crot ly the maillent rud

(0.0)

- 3-

3. Every person who contrrvenes eny of t ere regulatie no shall upon suzy conviction be lieble to a fine not cuceeding

one hundred dollcro. henover any person is fond by ray police officer

ar my public of iccr nutrized, either

crally or specially, in

that bohrli by the Chiran of the Erben Council, cellin

expocin, or of cri.. for wle on cy,rerises or Temking in a public thorou hfare any article of food forbidden to be sold or

exposcú or offered for arle under the provisions of t..ere

rculations such police fficer, or such public ofiicer, is hereby

enpovered to cause to be conveyed any such article before the

mgistrate who chall, in addition to the power of murrry

conviction herein provided, on conviction of the offc.der,

order the fericiture of the arid erticice of food or any of them

in addition to eny find whtien ho zay by there replations

irpose.

COMICIL CINTERLIN,

29th Lay, 1938,

7. LINGANNY,

Clori: of Councils.

From.

G.F. 73B

~/61-B23092

Telephone..

Legal Department

9.5219

Date 9th October, 1962....

MEMO

CONFIDENTIAL

To....Postmaster General.

Your Ref:

.in.

My Ref: (9)

.in.......AGO..8/1250/62.

Telecommunications Ordinance

and review of Emergency Romulations

　　　I have been asked to review our emergency legislation, with a view to either -

(a) incorporation in the permanent law, where the provisions

are required at the presont time;

(b) repeal, where the provisions are obsolete, or already

covered by other legislation.

Regulations 21 and 22 of the Emergency (Principal) Regulations, 1949, which deal with possession of wireless transmitting apparatus and interference with telegraphic communications concern your department.

I have discussed these with Mr. Collier and we are agreed that

(a) regulation 21 is completely covered by the New Telecommunication

Bill, and can be revoked on enactment of the bill;

(b) regulation 22 will be completely covered by regulations to be

made under the Telecommunication Ordinance, and can also bo revoked.

I propose, therefore, to revoke these regulations, on enactment of the new Bill, unless you have any objection to this course.

cc. Hon. C.S. (Mr. Shephard)/

C.P. (Mr. Dawson).

(W.S.W. Davidson)

Crown Counsel

/ar.

6638

M26638

11110102

DJI.

78A

190-7/61-B23933

CONFIDENTIAL MEMO

6/3231/59

To Director of Co merce & Industry

From ........

Legal Department,

Ref...

(12)

in AGO 8/1250/62...

Tel. No. 95219.

Your Ref.

Date... 12th October, 1962...

dated.

Revision of Emergency Regulations

In addition to revision of Defence Regulations, to which my memoorandum dated 27th September, 1962 refers, I have also been asked to undertake a review of Outstanding Emergency Regulations.

2. It appears that he following Emergency Regulations concern your department;-

(a) Emergency (Exportation) (Miscellaneous Provisions)

Regulations, 1951; regulations 1 to 4 ;

(b) Emergency (Essential Supplies) Regulations, 1952; (c) Emergency (Importation and Exportation Ordinance)

(Amendment) Regulations, 1953, 1954, 1955.

I understand that items (a) and (b) are no longer required, and can now be repealed; and that item (c) is still required until the coming into operation of the new Importation and Exportation Ordinance.

I would be most grateful if you could confirm that this is the time position at your earliest convenience.

true

wtwDanistan

(W.S.W. Davidson) Crown Counsel

c.c. Hon. C.S. (Mr. Shephard).

C.P. (Mr. Dawson).

/ap.

CONFIDENTIA

*6697 01.11.13-10-62

WNWARD LETTER.

CONFIDENTIAL

MEMO

6/32317590

IDS

Hon. C.S. (Mr. Shephard) To.......C.P...(Mr. Dawson)....

From

Legal Department

Telephone.....95219.

95219......

Your Ref:

in...

Date 12th October, 1962....

My Ref: (13)

in........AGO/8/1250/62..

Revision of Emergency Regulations

and Defence Regulations.

For the conference on Wednesday 17th October, at 9.30, I suggest the following agenda

Emergency Regulations, other than Emergency (Principal) Regulations. Discuss any progress achieved and future course of action.

Emergency (Principal) Regulations.

With regard to those ER's discussed at the last conference discuss any progress achieved and future course of action.

(b) Go through those EER's not discussed at the last conference,

to decide which, if any, can be revoked.

Defence Regulations.

Discuss points arising out of my memorandum dated 27th September.

Discuss questioning of obtaining decision at highest level on future of Emergency (Principal) Regulations.

Wow Daushin

(W.S.W. Davidson)

Crown Counsel.

CONFIDENTIAL

CENT

DONHA

REGSTAY

NC.6681 DATLA 10:42

INWARD

LETTER

From

Telephone.......

Legal Department.

95219.........

Date 25th October.,...1962.

Your Ref:

My Ref:

MEMO

CONFIDENTIAL.

C.S. (Mr. Shephard) To C.P. (Mr. Dawson)

.in........

.in.....AGO 8/1250/62....

Revision of Emergency and Defence Regulations.

I enclose herewith notes on the recent conference,

held on Wednesday 17th October, 1962. I would be grateful if

you would inform me of any mistakes or omissions.

WSWD/Cab.

A 6930

257x

DATE 251X

INHARD

25 007 Reed

wen Dandlin

(W.S.W. Davidson) Crown Counsel.

CONFIDENTIAL

(98)

Emergency Regulations & Defence Regulations

Notes of a Conference

held on

Wednesday 17th October,

between:

A.G. Shephard (Defence Branch) C.J.R. Dawson (Police Headquarters) W.S.W. Davidson (Crown Counsel)

1. Emergency Regulations other than Emergency Principal

Regulations following further points we discussed.

Emergency (Requisitions) 1949. It was thought that

the only requisition made under Regulation 3 still valid in

the urban areas is the Railway Hotel. Shephard would look

into this and possibly send to Legal Department for advice;

and also consult D.C.,N.T. over possible requisitions in the

New Territories. As regards order made under Section 6,1

pointed out that a number of these were still in existence

and could possibly be transferred to the new Defences

(Firing Areas) Ordinance. Shephard to take this matter up

with D.C.,N.T. and Military Authorities. My memo dated

28th September, 1962, deals with this topic.

Emergency (Royal Navy) (Police Powers) Regulations

1949. I pointed out that the Navy did not require police powers under the Emergency Principal Regulations since this was

catered for in the regulations themselves. I also stated

that I would raise the matter of Naval Police powers under

the Immigration Ordinance at a Conference to be held on

amendments to the Immigration Ordinance on the assumption that Hon C.S. would secure the Navy's agreement to relinquish

their present power to use fire-arms.

Emergency (Arms and Ammunition) Ordinance, 1933,

(Amendment) Regulations, 1952. The question of whether this should be made permanent or revoked was not decided

at the last conference.

enlarged meaning given to the word "arms" in the Ordinance,

a maximum of ten years imprisonment was sufficient. agreed to approach C.P. with a view to obtaining his consent

to the revokation of these regulations.

It was felt that in view of the

Dawson

Emergency Exportation (Miscellaneous Provisions)

Regulations. 1951. I mentioned that these were thought to

be obsolete and could probably be revoked before the enact-

ment of the New Import and Export Ordinance.

Emergency (Immediate Resumption) Regulations, 1952.

I agreed to put up a proposal in writing to Hon. C.S., for

amendment to the Crown Land Resumption Ordinance as discussed

in the earlier conference.

Emergency (Essential Suplies) Regulations, 1952. The se

regulations were also thought to be obsolete and could

probably be revoked before the enactment of the new Import

and Export Ordinance.

Emergency (Agricultural Poisons) Regulations, 1955.

Shephard agreed to take the initial action on these regulations

with a view to obtaining proposals from interested departments

for incorporation into the permanent law.

Emergency Principal Regulations, 1949. Further points were discussed in connection with those regulations discussed

at the last conference.

- 3

Regulations 21 and 22,

This matter has now been

taken up with P.M.G. who is considering them in relation

to the new Telecommunication Ordinance.

Regulations 25 and 26. Dawson to put up proposals for inclusion in these regulations with appropriate amend- ments in addition as required for incorporation into the

Public Order Ordinance.

Regulations 50. 50(a) and 50(1). I mentioned that

initial reaction to the inclusion of these regulations in

the Immigration Ordinance was unfavourable. Shephard agreed

to discuss this matter generally with Clerk of Council in

relation to possible incorporation in the Immigration Ordinance.

Regulation 67A. Dawson mentioned that C.P. had agreed

that this regulation was not required to be in operation

and could terefore be retained to the skeleton.

Regulation 98.

Dawson agreed that this regulation

could be retained in the skeleton as it is covered for all

practical purposes by Section 54 of the Police Force Ordinance.

At a later stage this regulation could be included in toto

in the new Police Force Ordinance and the regulation revoked.

Regulation 117, It was agreed that this regulation

should not be revoked but should be retained in the skeleton

persons exempted from the

since it covered provisions of the Arms and Ammunition

Ordinance.

Regulation 119.

Dawson mentioned that C.P. agreed that

this regulation was not required in the permanent law and

could terefore be retained in the skeleton.

Regulation 122.

This regulation appeared to include

powers not covered in the Arms and Ammunition Ordinance.

Dawson agreed to take up with C.P., question of whether amendment should be made to the Arms and Ammunition Ordinance

so as to incorporate this regulation in the permanent law.

Regulation 123, This regulation is covered by Section

5 of the Dangerous Goods Ordinance but it is not at the

moment clear who is the licencing authority.

This regulation

should therefore be retained in the skeleton until the

enactment of the new Dangerous Goods Regulations and could

probably then be revoked.

Discussion of those Emergency Principal Regulations

not discussed in the earlier conference. I mentioned that

having been through these regulations there were virtually

none which could obviously be revoked at the present stage.

It was agreed that detailed discussion on the revision of

was these regulations had been premature and that this job should

be undertaken at a later stage in consultation with other

interested departments after a decision had been reached on

the future of the Emergency Principal Regulations.

this decision had been reached we could meet again to discuss

how this problem could be tackled. We discussed generally,

however, the following regulations:-

Once

Regulation 35. This regulation appeared to be covered

Bo far

as the police are concerned by the Police Force

Ordinance but should be retained in the skeleton because it

enabled service personnel to use fire-arms. Possibly this

regulation could be considered in relation to the drafting

of the new Police Force Ordinance.

Regulation 100. It was thought that this regulation could probably be repealed along with the sections of the

Peace Preservation Ordinance dealing with the enrollment of

Special Constables.

3. Defences Regulations.

The following points were

discussed arising out of my memo of the 27th September, 1962.

Regulation 47.

Dawson agreed that there was no bar

to the revokation of this regulation so far as the Police

were concerned.

Regulation 52. I pointed out that prior to 1951 it

appeared that this regulation was used for the requisition

of land and that any requisitions made and enforced in 1958 continued to have validity under the (Defences Regulations)

Continuation Ordinance, 1958. Shephard agreed to find out

if any requisitions were still in operation under this

regulation. My memo dated 28th September, 1962, refers

to this regulation also.

It was agreed that we could now proceed to obtain a

at decision of the highest level on the future of the Emergency

Principal Regulations. I proposed to minite the A.G. on the subject giving the background history and the various altenatives alterations open and the arguements that could be raised.

I would send a copy of my minute to Dawson and Shephard to

make such use of as they needo wished.

/61-R23983

COSMTTAGNITIAL.

62/3231/59

CONFIDENTIAL.

MEMO

From......

Ref.

(24)

Director of Tarine

.in M.D.020/55c

Tel. No. 44-4447

(4.3

To..

Legal Department.

(Attention r.W.S.W.Davidson)

26th October, 1962.

Date.

Your Ref.

.in

AGO 8/1250/62

27.9.62.

dated.

Revision of Defence Regulations.

With reference to your paragraph 4 of your memorandum of 27th September, 1962, I agree that under normal circumstances there is no longer a need for the Port Executive Committee to be arned with the powers delegated by His Excellency in the terms of the Port locutive Committee Order, 1946. This was presumably recognised by the revocation of the Order in 1954, the same Committee being re-established, with clearly defined and quite peaceful terms of reference, by Gazette llotification No.457, dated 13th April, 1954.

The membership of the P.E.C. is carefully kept to those representatives of Commodore-in-charge, General Officer Commanding, Land Forces, wharf and godown interests and British shipping companies who would be vitally concerned in the day-to- day operation of the port in an emergency, whether short term or long term, arising fron labour troubles, blockade or baycott or in the period of hostilities, not being full-scale war affecting this territory, as laid down in the Joint Defence Schene and its two earlier predecessors in emergency planning. You will recall that Hong Kong was blockaded between 1867-86 and labour unrest and a boycott made trado and port operations difficult in 1922-26.

The Port Executive Committee now functions in low gear, on a monthly-meeting basis, but in an emergency is designed to drive in high gear on a daily-mecting basis, under my chairman - ship of the Port Working Committee which is the sane group of port working and shipping experts. I therefore deen it essential that provision be made to establish by Order by proclamation or otherwise, the Port Working Committec, with similar pavers to those needed in the energency period 1945-46, or specifically, if the 1940 Defence Regulations are to disappear, the equivalent regulations of the Emergency (Principal) Regulations, 1949. These would be, checking from Order No.9 of 1946, E.P.R.s 42, 50, 57, 62, 63, 70, 71, 72, 73, 96 and 97. I suggest a draft Port Working Committee Order is all that would be required at this stage.

I now comment on each of the 1940 Defence Regulations, which you have copied to me with your remarks and queries :-

(i) D.R. 2, 3, 4 (E.P.R. 2, 3, 4). I comment only that there appears to be no definition of "a competent authority" and that the lerchant Shipping Ordinance is now that of 1953.

(ii) D.R. 37 (E.P.R.42). I agree that there is no need for this D.R. to continue in operation, as being identical with E.P.R.42. As explained in my paragraph 3, however, I suggest that the delegation by His Excellency of the making of navigation orders, etc., would be required. At present, I exercise these powers save in respect of scaplanes under the Merchant Shipping Ordinance.

CEN

REGISTRY

NC_6967 DAIL 29/x

INWARD

LETTER

(iii)/

LI.D.020/55c

- 2 -

CONFIDENTIAL.

Yes

(iii) D.R.39 (E.P.R.50). There appears no need for D.R.39 to romain:

it has been in my absolute discretion for some 120 years or so under section 64 (3) of the lerchant Shipping Ordinance, 1953, whether a ship may clear for a port in China not open to foreign trade, and in the only control of trade measures I know of in post-var years, the necessary powers were given by the British Minister of Transport under the Control of Trade by Sca (China and North Korea) Order, 1953. I agree that it is desirable to amend E.P.R.50 to include the specific powers contained in D.R.39 (1), including the issue of a licence with conditions, in place of the present more general permissive powers . Delegation to the Port Working Committee would also be necessary in this case.

(iv) D.K.43 (E.P.R.s 57 and 58). I am not concerned with E.P.R.50, but if D.R.43 is rescinded, and I agree that it should be, I would wish to see the powers in E.P.R.57 enhanced by the inclusion of "the use of any dock, harbour, typhoon shelter, wharf, quay or pier". I can envisage circumstances in an emergency when certain vessels would require to be directed to particular places and prevented from entering others within the harbour and the waters of the Colony, Delegation to the Port Working Committee is also necessary.

(v) D.R.46 (E.P.R.62). E.P.R.62 is more specific under sub-paragraph (1) (a) than the D.R. on the natter, and I agree that the D.R. is not now needed, subject to any contrary opinion of the D.C. & I., as to whether the Defence (Bunker Coal and Oil) Order is or is not still required. I am assuming that the Controller, Fuel Unit, has all means of ensuring an adequate stock for shipping of marine diesel oils in all qualities, and of lubricating oils, in accordance with the advice of the original Petrol and Oils Advisory Committee.

(vi) D.R.47 (E.P.R.63). I confirm that there is no need to

retain this D.R.

(vii) D.R.s 50 and 50A (E.P.R.s 72 and 73). A former competent authority under these regulations and equivalents was the Port Executive Committee. In particular respect of shipyards, drydocks, ship hull and engine repairing and maintenance establishments, boatyards and slipways, all of which are the concurn of the Assistant Director (Marine) who is Controller, Sub-unit (ship repairs), it is essential to retain either the Port Working Committee or myself as a competent authority to control the prices of repairs, and of components supplied to shipping, as well as to regulate or prohibit the carrying out of such work at particular places, to conserve man-power.

In a similar way, the regulations of the charges for scrvices in loading, unloading and transporting of cargo by godown, wharf, lighterage or towing operators would be essential, and, I suggest should be delegated to the Port Working Committee or to myself.

I agree that D.R.s 50 and 50A be rescinded, but, since these cover the control of certain undertakings essential to the working of the port, subject to the powers in the corresponding L.P.R.s 72 and 73 being delegated as above,

(viii)/

11.D.020/550

- 3 -

CONFIDENTIAL.

(viii) D.R.55 (E.P.R.67). I agree that this D.R. bc rescinded in view of its duplication in E.P.R. 67. This is one of the most important regulations for my particular purposes since I an required to supply, for the special duties of the Royal Navy and other forces, craft which they do not themselves possess at present. In the first instance it is hoped to charter these vessels but, if for political or other reasons the local owners refuse to charter, it is essential for me to have requisitioning powers. The Defence Secretary and Mr. Dawson are both aware of one cventuality when an emergency in this Colony may not have occurred or may not have been declared and the power to requisition one or more local passenger vessels may be needed. D.R.55 may therefore need to be retained, if there is no other way of obtaining quickly, in an emergency affecting British subjects' lives elsewhere, the necessary British registered vessels. In a long term emergency, the power to requisition may be delegated to the Port Working Committee, but for more rapid use, I suggest that it would be prudent to delegate to myself.

(ix) D.R.s 56,57.73 and 69 (E.P.R.s 70,71,96 and 97 respectively). I add my comment on these particular regulations, so that you may know my views, since the powers under them wore formerly, in 1946, delegated to the Port Executive Committee. I agree that there is no need to retain in operation these D.R.s but as E.P.R.70 covers godowns and lighterage, E.P.R.71 covers the supply of water to shipping and to essential marine services, both are important facets of port operations within the responsibilities of the Port Working Committee. E.P.R. 96 is also a regulation vital to shipping since the ordering of anti-sabotage searches, prior to the sailing of ships should remain within my powers, or within those of the Port Working Committee. The use of pencil time-bombs and sabotage of machinery in ships are not unusual clandestine operations in times of unrest, and not alone in wartime, as the case of the "Chaksang" which blew up in this harbour on 7/8th September, 1949, has demonstrated.

Filters

(J.P.llowitt)

Director of larine

c.c. Defence Secretary (r.Shephard)

Commissioner of Police (Mr.C.J.R.Dawson) Director of Commerce and Industry.

JPH:aer

Jon A & (throlh (6.)

Soma Siston in the

arly 1/9.

2017

30/X

WARK

　　　　* The item uos.

You will rocall onling ny to trko up the task of roviowing

(a) thono noromey ("inciyl) copulation), 19749, at prosort in

oporation;

(b) the other morgoncy oulations still in oporation,

in accordnco with the uniortaking ivon to -^-d in evingran lo. 707 dated 17th: /il, 1962 (35 in Att. 7.C. "ilo).

¿yil,

[ or convalence acko, I have oponed a new confidential filo (also attecka!)

into which your original instruction: hevo boon copied (at .l) em tho 4. Oricco to the transactions boun copiat for the test.

Aftor two confuronces with roprosentativos of C... (r. hopind) end C.P. (¡Y. lauso.), a .ool doul o' pro; roca has boon rado; it is now the puposo of tida noto, howvor, to ¿d into details of what has been pro osol, and proɛragu can be briefly stated as follows

A. All 'araleidow rude unitor the barnagy Nomlatiora Ordinero. Cez, 2/1,

oflor tha mharvey (Or Ugls) o gltdoga. 19/0

refer to the appendix to Saungram uo 797185

No.

tork 13 proceo ing on thoso rog·letion) vith a viou to incorpor tien in the parmanont law, vfloro nocoscary, and ovatal revocation.

I en afraid that the statement that all these regulations, soort !' ro 3 and 17, voulů bo rovokal by the amì of the your (at paru. 2 în fi.. `nvingram) is a little optinistic in cono casou. It should bo por 20 to revoke itung 1, 5, 7, 9, 10, eml 12 by the ou! of this yxr.

མ

4 and 15 are aɩriting policy decision, and doponding on the outcáni, ray bo rovokod by the on of this year, or my requiro legislation 14: could not be unacted boforo rait your.

Iton 11 probably roțidres cmondant to the Crown Lenis oour die Ordinance, în! it is now imposible for any such amontent to ba olas this your.

Davidson / McRobert now advise again this, Draft reg's preferable

ང་རྩ

Iton 14 must awit the now T. on? 5. Ordinuco, which will era not be actol this year,

I suggest that the boot corso wild bo for no to prepare a dj, Savingras towards the and of the ywer, gotting out a table sinäler to that included in the last ono, illustinting the pro¿rass tint her

FoSanco Kolations.

A large number of Dafonos Mogulations wero contimod in o for a mambor of years under the Supplies and Servicos ("mnaltiori. Lavoro) Act, 1945, until 19%, vườn those regulations vor) conturqve un'or tha Fofonco buletiora (Contimation) Onlinnance, 37 tir still in operntion aro containɔd in the 'chợbilo to this (Wida

inco the fofouco opulations still in operation are practicrlly alk aplicatod in tho barney (rincipol) gilations, 1949, they oug 11t10 point in rovioving the latter without also revieving the fert a

of the Vadors in the chobulo to this Badinenco, Item 2 on hava boon includal in error ('reo 15 uns revoked in 1924) co E and 10 vill bu revold by the end of to your tiron the Trot

Lly

irec nation 50.

16.

ani

faa

༡;

...../..... .....1

(ar oting) Crutmanco, 1955, 13 brought into operation.

In addition it shoulé bo possible to rovoke a large mubor of the ofco opalations by the and of this your of oerly next your, though

regulation 50 13 e ctimbling bloc!:.

I have not yet tackled the "ofonco (Finnco) "egulations, and fool that those will

15 until a lator stage.

vo to

Me Dofence Regulations (Contimation) Ordinanca 13 due to b - fanded by ronnlution in Log.Co. in Ceca bur.

now is. (Pripefy))) roml, tione, 18/2.

I have boon through those regulations et prosont in opvrution vitä 2. Zophard and r. Pawion, an those fell into thiroo catoorius -

(a)

Those monitrod to be in operution partinantly, end, thoreforo, to be inkorporatol in the pourmurant Low;

(b) Thosa elroody sorsoda? by the permanent law and, thereforo,

able to be revoked;

required in the avant of a full-scale emorgency (this to o3ily the largest category).

Work is procooling on ragulation in category (a) and by the end of the your it should be possible to rovoke some of those, along with thong fou coming in category (b). LOVKIVOR, in dociling what to do about "houe comin within catogory (c) wo are up animit an invalisto difficulty, which enn ori "ba runolved, then a decision is takon on the future of the morgency (incipal) omulations themselves: it is desireule, tharofore, to havo a decision on this question as soon as possible, and in onlor to assist, I will attempt to cursarizo tlo position below.

(a) The hory ncy (vinciel) Tamilefious, 1949, voro completed

in August, 1949, by this department, and forunudad to lion. C.". on 23.0.49. At that tim, the qulations di. not contain the prosent regulation 37, or any mchinary for bringing in ivicul regulations into oparition spavatoly. It van to intention at that tim that, wilo tlo angula^iona wore to bɔ Jubittal to x.Co. for information, discussion and 'approval in principio', thay veru not to bɔ oinctul bet buld

in readiness until their auctumt was clarly reconsary.

On 26.9.49. they voru nyroval in principle by the Covaring- in-Council, who directed that t'ay wrɑ not to bɔ cactod at prosort.

On 20.12.49., hervor, on the advice of xocutive Council, the Govenor directal that printing of the regulations should proceol with a view to orly craetuunt, and that "some p30- vision shoul be incorporated in the boy of the regulations enabling any or all of the regulations to be brought into force by proclamica".

Accordingly,

plations wore oncoted on 20.12.49. ii luim egulation 137, allovin; the coming into operetion by preclaration of separato regulations.

(b) The filos deling with this subjet contain no papos giving

detailed roenona for this stor, but cz" ir licstion of the rencom aro,iven by a nota rašo soon aftanards by the at that timo, from which I quoto

inco such 10 teletivo raamzodnono cond to be cost dobo in the worsening iâmtion in Chùm on) in to instansing obility that repercuendous upon the Colory wel to vay

...../......

Lly

·red pation

.50.

•

16,

eni

/......

porious, the Tmorgoncy ( rimcil) Fogilation", 1949, word, in fact, emretol and published .................

The consequonco is that e comprehensivo boy of roilations lave now been published er onectol and cro in rodinose for izrollato uno in whole or art.

　　　　　　　　　In this way the public lavo boar ivon an oportuity to conilor them and notice has boon savol thoroby that Covarrant has placo. Itself in possession of loislative powers necessary to nout urgency as it arinos to crontar or lessor de ros. Such procedure has, I baliovo, rocoivod a most favour ble rocoption by the wall-disposed "ublic and also, I baliovo, las had beneficial effect as a warnin or inlication of Covant's conoral preparedness es for no the ill-18:038 aro concarnad,"

Rogulations Ordinance, Cop. 241, on the A.G.'s advico, to make it clear, that zurgency Regulations made unlar tho vrlinance could

(1)

(11)

inposs tho death penalty, and

altor the procedure of tricl for offoncas

apinst the ordinary law.

This provolod some ganarul criticism for >-of-ö in Jomery, 19.0, in which he ralus the following points -

(1)

it would have boon proforable for 1.K. to have mde regulations under the 1939 Order-in-Council (a copy is to be found at p.427 of the attached valun of lavo of the Colony of Forya); however, ho roolised that it would be impolitic to ropeal the roulations now that they had bean ɑractod.

(11)

ho appreciated that a stato of omorgoncy did in fact exist in.., though not formally proclsfnod as it would be unlor the Order-in-Council procouro,

(111) the wide powers conforred by the azindẳng Ordinance wore without procedant in the Colonirl Epiro and should only by invoked aftor prior consultation with S-Of-3 "

(iv) the fact tint the Ordirenco makes no rovision for declaring or tinting a stato of carency is open to critician; and there thould at least be provision in the regulations that hoy should continuo for a limited period only.

(v)

there might wall bu another attack on the virus of the legislation in fact, thuru was, but it was finally settled in favour of the Crown in the use of LT BIN 10077 HELM

(v1)

he wild withhold the question of disallownco of the amomiing miimance.

(d) The Governor relied on 26.5.50. onclosing a noto pronared

by the A.G., Justifying the method adoptad: The explantion uns accepted by S-of- in a further letter datal 25.7.50.

(0) Since the enactment of the relations, alergo rambor

have boon brought into oparution by proclaration, and a carlote list of the30 is set out at 3 in the attached confi.onttal file. Cono leva boon rʊvoltal except 116, which was transfer.od to other amorney rogulations and 116, which was no longer retired.

In addition thorɑ havo boon over the yærs 9 coparate

....../......

[

亻

- 4 -

sota of ananing rogilations, all prosuably on the legis

that they ware made on an occasion of sorgency or public danger"

egulations, two cajor practical difficulties cons to light-

low that we lave boom and to review the mercancy (rincipal)

(a) sxction 2(3) of the Ordinance providon that "any regulations

made uxlor the provisions of this section shall contime in force until repooled by the Governor in Council; ONCO OLO of the relations is brought into operation by proclaration, therefore, it must althor contime in operation, or be revokej it cannot be simply taken out of operation and ery regulation parnitting this would be ultra viros da Ordimmo. This wo aro loft with a large marbor of regulations brought into operation in 190 that cro not now required to be in operation, but woul." still be requirəl in a full scale ones, joncy.

(b) undor 8.2 of the Oxliranes, while relation can be kept in

oporation ♫ mitoly, they can only be cracted on an occasion of amargoncy.

ilo this might allow particular regulations

to be added tñon required to post a minor morgoncy, it would dofinitaly sex to œxclule a gunoimi rovision of the body of the relations designed to bring the regulations up to date.

Shophard, Inwzion end bygolf voro all in a ram at that the bost courso vould be to aim nt rovoking the morgancy (Principal) kogulations in

toto, and to have a set of regulations in roaines, parkaps already printed, but not oractyl: the advantages of this courna would be

(a) it would solve the practical difficulty doseribed in xra. 3(a);

(b) it would orable tho ragilations to bo un'or constant roviov,

amonded at any time and without the nocassity to go back to

x.Co. each time;

ramt criticism from Justice;

(a)

it would avoid the necanity to anund the Ordinance now, which would be oasential if the prosont system in to bo contimed.

The fact that the rogulations would have to be formally enacted by the Covernor 1Council when required to be brought into oparution would be no obstaclo, ao this can be done I understand, vithout dolny and virüully ea quicily as a Proclamation.

It wo·ld also rot affect the power to enact as a tœron ry peasure amorgency roculations dealing with particular to ies (o.g. tio recort anandmonta to

icila the Irmigation. 0.diranco).

If this rocaman lation is accented, then there vill bo no obstacle to the ropaal of those corgency (Princiyl)ulations et prosont is operation, vich are ro lo par təq dred to to in opalation but are roqul. od novarthaloca to be in the comprehensive body of regulation desi nod for a full scale anargency.

5. As regards the Ordinance itself, the -of-d's criticias was on three accounts

(a) tho vy vido power to me regulations;

(b)

the lack of any nocosɛity for the formal proclamation of an Dvor poncy I

Ende under the Orlimaco is inst criticima osoma to love boon pertly justified in that we have tended to uno evercancy regulations no if thay voro purt of the permanent low, and not

...../.....

- 5-

rovision of a topovery nonnure

Courver, now that tho Crdimaco in ita procent form has rocotvou tie roluctant prowl of '-of-, I do not in ino that Governant would wish to considor wackoning its position, by ropceling the Ordimnco and relying on tho 1939 Order in Council, nor do I think it would be desirablo in Hong Kong to have to proclaim a formal state of morjancy; it perms to no to bo rozcomble to Poco nizu to fuct that thoro ray bo an anormcy, limited to one perticilar aspect or topic, o.C., immigration or cholera, to cope with which it would bo clumsy eri tiolitic to have to doclere a state of marconcy. In a of the African Colonial tormitorios, Calinecos have boen ornatel alon: tho lings of the Konya roparvation of Public Tocurity Oreimoco, 190, Wich strikos a belanco botupan tho foral Urior in Council procedure and the position in Tong Yong. wish to comidor the substitution of

Again, however, I do not incino Covorment would

　　　　　　　　　　　　　　　　　　a nov úrlinuco for Cap. 241 at tho provant timo, with tho likelihood that dornant ismog would be reisod again. The criticism in Justice is not directo? against the Ordinance and the

thod of bringing morgoney regulations in boing, but against the continuo? use of morgency Rojuletions, in circumstances which can hardly be describod ng an emergency.

Unless you wuld liko no to consider changes in the structwo of the Guimarco, I am not, thoroforo, proposing to do so.

ود

It coons to no that hon the nor oney (vincial) suletions, 1949, were crectal, it uns probably not mvisaged that they should ranin poranently auctals thoy voru unnacted because at tlat Two there was reco nizol to bo an onɑrgency, nni Long Yong; we thought to be in imminent dangor. Since thon, howevor, the tondancy sox to have boon to regard tion as permanent.

The only cltamativo to the proposals at para. 4 would be to carry the prevent taloncy to its logical conclusion and em.nd the välice along the following linos

(a) to amblo rog:lation: erected by the Governor-in-Council to bo

brought into and out of oporation by Covornor's Crior (timus potting over the difficulty montioned in parc. 3(a)).

(b) to omble rogulations to be rado at any tina, but only to be

brought into operation in en onmorguney; this would partly gat over the difficulty multioned in para. 3(b) by cm bling anondpants to by nada to regulations onnetod but not in oporation, in order to bring the ropulations up to dato. This method ncitos the Governor the sola arbiter than thoVO is en omorgon.cy; but this is practically the po-ition at prosont since the Governor my bring into operation any of the morgency (Principal) .ogulations, without rosort to Council.

This proposal wuld, at least, love the zerits of -

(b) making it more offectivo.

and

I do not imagino, Lowever, that 'his alternative would bo accontablo to the S-ofmi.

I would be glad to discuss this with you at your convenierco.

(3.6.". Favidson) Crown Counsal.

30.10.62.

100-7/61-B23938

613231159

MEMO

ADF7

CONFIDENTIA J.

From.....

Ref....

Local Department.

(22)

Tel. No. 95219

in AGO 0/1250/62

Director of lerino.

To....

Date. 31. 10. 02

Your Ref. (24)

1.D 020/55C. dated

26.10.02.

Rovision of Defence Regulations.

I have the follaring; comments on your recont pelo dated 26th October, 1962 :-

Fara ra h 3.

If the Port Working Committee is required to function as an executive rather than consultative body in an emergency, perhaps the bost ansvar would be

(a) to have a regulation in Part IV of the E.P.R's

enabling the Governor to establish a Port Working Committee by Order; ana

(b) to have a draft order, establishing the Corrittce

(along the lines of the Fort Executive Committee Order 1946), and appointing it to act as 'capotent authority' for such regulations as are required.

If the Committee is required to be a consultative boly only, the ostablishment and terms of reference could be by way of Gazette Notifi- cation with the Director of larine appointed as Competant Authority.

Perhaps wo could discuss together with Ir. Shephard what is required, at your convɑnience.

Paragraph 4 (1).

។

"Capetont Authority" is defined in E.P.R. 3(1). The term "person" appoaring in this regulation would include, by virtue of its definition in the Intarprotation Ordinance an unincorporated body such as the Part Working Comittee.

I believe there is already in cristence a draft list of 'Competent Authoritics' to be appointed undor 4.F.R's to which additions and substitution can be made by lion. C.S. at any time.

Paragraph (ii).

Perhaps the term 'Carotent Authority' could be substituted for 'the Governor' in E.P.R. 42, and the Director of Marine or Fort Working Comittco noted as potential corpotont authority.

Paragraph 4 (iii).

The corresponding E.F.R. should be 53, not 50 - this was an

This E.F.R. docs contain the specific powers sot out

error on my part. in DR.39.

Paragraph 4(viii).

DR.55 is covered not only by E.P.R. 67 but also by Regulation 4 of the Energency (Roquisition) Regulations, 1949, both of which are in operation. Perhaps vo can discuss what is required hore with Ir. Shephard and Ir. Darsan, before any action is taken.

Paragraph 4 (ix).

The equivalent provision for DR. 69 is E.P.R. 82 and not 97.

As soon as time pernita vo will be undertaking a complete rovision of the E.P.R's, and this would be a convenient opportunity for you to consider any anondments or additions you may require to these Energency powers.

c.c. llan. C.3. (IT. Shohar

C.P. (IT. Davaon)

* 7042 DATR..

31/

LITTER

Director of Conorce & In'untry.

hew Dauth-

(W. S. W. Davidson)

Cram Camsol.

/61-B23933

CONFIDENTIAL

MEMO

दिस

From.

Ref... (23)

Legal Department.

Postmaster General.

To...

.in.

AGO/8/1250/62

Date

31st October, 1962.

Tel. No..

95219

Your Ref.

dated.

Revision of Defence Regulations.

At present I an engaged on a revision of Defence Regulations retained in operation after the end of the War with a view to revocation of those no longer in use.

　　　　　　　　　Those still in operation are listed in the Schedule to the Defence Regulations (Continuation) Ordinance No. 37 of 1958.

One of the Defence Regulations retained in operation is Regulation 73, which reads as follows

"Power to obtain in- formation.

73. (1) Without prejudice to any special provisions contained in these regulations, any person shall, on being requested by or on behalf of a competent authority so to do, furnish ar produce to such authority or person as may be specified in the request any such information or article in his possession as may be so specified, being information or an article which the competent authority considers it necessary or expedient for the purposes set out in Article 2 of the Emergency Powers (Extension) Proclamation to obtain or examine; and if any person fails to furnish or produce any information or article in his possession in pursuance of a request duly made to him under this regulation he shall be guilty of an offence against this regulation.

(2) A competent authority, any person authorized by hin in that behalf, and any person having the custody of an article produced for examination in accordance with the provisions of paragraph (1), may for the purposes of such examination open any vessel, box, crate, wrapper or other container in which the article may be: Provided that, where practicable, a container so opened shall be closed again after such exanimation and a mark shall be fixed thereto denoting that it has been opened for examination

(3) A prosecution in respect of an offence against this regulation shall not be instituted except by, or with the consent of, the Attorney Gonoral."

By virtue of G.II. 746 of 39, you are one of the Competent Authorities under this regulation.

re-

This regulation is enacted in virtually identical terus in regulation 96 of the Emergency (Principal) Regulations, which will cone into operation in Encrgency. I should be grateful to know therefore whether you have any objection to the revocation of Defence Regulation 73.

I am available for consultation at any time, if you wish to discuss the matter.

c.c. Hon. C.S. (Lir. Shephard)

/vf.

C.P. (tr. Davaon)

GwDard?

(W. S. W. Davidson)

Crom Counsel.

CENERENTIAL

KUSTRY

•

Me 2045 BATE 1/11/62

WAR

LETTER

23092

103

MEMO

CONFIDENTAAL.

(Attn. Ir.W.S.W.Davidson)

Loral Departnent

193

From

Director of Tarino

Telephone.

(22)

ACC 8/1250/62

Your Ref:

.in..

Date.

1st November, 1962

My Ref:

(26)

.in.

I.D.020/55c

levision of Defonc. Regulations.

101

Thank you for your rtun coment in your Lenorandum of 51st October, 1962. I do not have, as yet, the facility of finding my way with case amongst these Regulations, and your remarks and corrections are most helpful.

In ny vic, the Port Working Committee is required to function as an executive body in energency, and I an in agreement with your proposed solution. I am available for discussions at any time convenient to all partics.

Filtenis

(J.P.Howitt) Director of Marine

c.c. Hon. C.S. (Ir.A.J.Shephard) ✔

C. of P. (Iir.C.J.R.Dawson)

D.C.& I.

MESTAY

437949

DATL

AWARD

༠* ..

LETTER

(104) in CR.6/ 3231/59 II

Dear

(FUIT)

7th. November, 1962.

　　　　　　　　Referring to Item 11 mentioned under "A" in your notes to the Attorney General I have now discussed this with Mr. Wakefield. says that the Immediate Resumption Regulations were designed for one specific occurrence. Apparently at the time when they were brought in there was no legal provision to prevent people building squatter huts on privately owned land. There was a fire at Tung Tau and the land which Government wished to acquire for re-settlement was privately owned and some of the owners queried Government's right to prevent building huts on the land.

I believe I am correct in saying that this legislation has never been used since, although you mentioned Mr. McRoberts recollection that it may have been used at Shek Kip Mei.

　　　　　　　　The Re-settlement Ordinance now covers the building of un- authorised huts on private land. Mr. Wakefield considers that these Regulations are now completely redundant and, moreover, that the reference to the Chairman of the Urban Council in Para. 2 (2) makes them almost impossible to apply as an urgent emergency measure.

　　　　　　　Under any circumstances that I can imagine we would be adequately covered in the first instance by requisitioning. The normal process of resumption under the Crown Lands Resumption Ordinance could then take its course.

Mr. Davidson,

Legal Department, Colonial Secretariat.

AJS: jw.

(A. J. Shephard)

CONFIDENTIAL RÈG

7153

11/2

川

OUTWARD

-1523933

CONFIDENTIAL

MEMO

5 6/3231/59

(Mr. Shephard)

To Hon. Colonial Secretary..........

Date...lat November, 1962..

dated.

From..

Ref....

Legal Department.

(24).

in AGO 8/1250/62...

Tel. No. 95819..........

Your Ref.

Revision of Emergency Regulations

Emergency (Immediate Resumption) Regulations, 1952.

These regulations were enacted in January, 1952, to allow for immediate resumption of land "where necessary or expedient for the rehousing of persons rendered homeless by fire or of persons in urgent need of accommodation". The method adopted was to abolish the recruitment of one months notice under the Crown Lands Resumption Ordinance (s. 45) in respect of land to which the regulations applied.

requirement

It appears that the regulations have been used on three occasions:-

(a) after a fire in Tung Tat Village in January, 1952;

(b) after a fire in Kowloon Tsai in April, 1952;

They do not appear to have been used since.

I have discussed these regulations with McRobert who is of opinion that they are not likely to be used again: I suggest therefore that they should now be revoked. You will note that on each occasion that the regulations have been used, it has been necessary to go to the Governor in Council so that the application of the regulations can be extended to cover the required area; since this is so, it seems much more satisfactory that the regulations should be revoked and that there should be a set of regulations in draft form which could be used, if it was decided that immediate resumption was required to meet a similar emergency in the future. This would involve no greater delay than the procedure adopted in the earlier instances.

I would be grateful if you could give approval for this step.

answered by (104)

No.2069 DATE 2/11

WARE

LITTER

www.Davidso

(W.S.W. Davidson) Crown Counsel

/ap.

From..

Ref.

Tel. No..

B28360

Colonial Secretariat

MEMO

کچھ

lob

D. C. & I.

13th. November, 1962.

Date.

in.

dated.

To.

(106)

95302

CR.6/3231/59 II

.in

Your Ref..

Revision of Defence Regulations

May I please refer you to Crown Counsel's memorandum in AGO/8/1250/62 of the 27th. September, 1962.

raised.

I shall be grateful for your early opinion on the matters We have given a definite undertaking to the Secretary of State that we will repeal all redundant emergency type regulations before the end of the year.

AJS: jw.

(A. J. Shephard) for Colonial Secretary.

LETTER

تا

ہوں

bret

13/11

CONFIDENTIAL

61-B

CONFIDENTIAME

MEMO

6/3231/59.

From

Legal Department.

Ref..

27.

in A6.0.8/1250/62.

To Hon. C.S. (Mr. Shephard).

1017

Date 10th November, 1962.

dated.

Tel. No.

95219

Your Ref.

.in

Revision of Emergency & Defence Regulations Emergency Powers (Extension and Amendment Incorporation)

Ordinance, Cap.251

Law Amendment (Transitional Provisions)

Ordinance, Cap.257

These two Ordinances are bound up with our revision of Emergency and Defence legislation, since both are responsible for keeping temporary war-time legislation in operation; I have accordingly been asked to look into these two Ordinances. The position seems to be as follows:-

Cap. 251.

S.4 of this Ordinance keeps alive the Compensation (Defence) Regulations 1940: these regulations would appear to be required until the revocation of the Defence regulations 1940, Emergency (Requisition) Regulations 1949, and Emergency (Principal) Regulations 1949, but after that will no longer required to be in operation, and can be revoked.

Cap. 257.

S.3 of this Ordinance keeps in operation various proclamations of the British Military Administration. Of these, the following remain:-

Proclamation No.11: this proclamation supplements the Trading with the Enemy Ordinance 1914, which is also still in operation.

In 1957, an Ordinance (No.12 of 1957) was enacted to repeal the Trading with the Enemy Ordinance 1914, and another (No.13 of 1957) enacted in substitution: neither were brought into operation, however, because the winding up of seized enemy property was still going on: if this winding GR.13/3231/18. up is now completed these two Ordinances (Nos.12 and 13 of 1957) can

　　　　　　presumably be brought into operation, and Proclamation No.11 revoked. APS(E)

Bodilly's memorandum dated 29.10.62 to Hon. C.S. (ref.AGO/199/1250/52) refers.

་་༥་༤

Speak

20/11/62.CR

to nect

Gem?

If any seized property is still held, I suggest that all steps should be taken to complete winding up.

Proclamation 27.

　　　　　　　　　　I understand that Mr. Botelho of our department is awaiting a reply from the Registrar General on whether this proclamation is still required to be in operation.

MERIL!

* 7·243 DATE 13/11

WARD

LETTER

Wtw Doniste.

(W.S.W. Davidson)

Crown Counsel.

CONFIDENTIAL

From..

Ref.

123933

Legal Department

CONFIDENTIAL

MEMO

60/8/1250/62€

.in

A Go

Tel. No...

95219

Your Ref.

6/:231/59

To Postmaster General

108

Date 14th November, 1962.

dated...

Revision of Defence Regulations.

Defence Regulations 73.

　　　　　In our recent discussion, you indicated that you would have no objection to the revocation of this regulation, provided that the D.C. and I hed authority to search and detain postal packets coming into the Colony which there was reason to suspect contained illegal substances. seems to be that D. C. and I inspectors have adequate powers to search, detain

The position and arrest where there is reason to suspect the commission of any offence against an Ordinance or regulations under which they have power to act. all practical purposes these are as follows:-

(b)

(a) Importation and xportation Ordinance Cap.50; Dutiable Commodities Ordinance Cap. 109; Dangerous Drugs Ordinance Cap. 134; Penicillin Ordinance Cap. 137;

Pharmacy and Poisons Ordinance Cap. 138;

(f) Any regulations made under any of these Ordinances.

For

Police Inspectors have similar power to act under the Police Force Ordinance, where there is suspicion of the commission of any criminal offence.

It appears therefore that the revocation of Defence Regulation 73

should not cause any great difficulty.

In view of paragraph 1 above, there appears to be no urgency for an amendment to increase the scope of s.13 of the Post Office Ordinance: this

can be considered along with your other proposals for amendment of this Ordinance.

c.c.

Han. C.S. (Mr. Shephard)

D. of C. & I.

C.P. (Mr. Dawson)

wow Dansin.

(W.S.W. Davidson)

Crown Counsel.

7279

CONFIDENTIAL

MEMO

CONFIDENTIAL

From

Postuaster: General

Logal De art mont

Telephone.....24465

Your Ref:

.in..........A60/8/1250/620.

Date.....15th. November, 1962..

My Ref: (.3.).

...in....PMD,1,-

Revision of Defence Regulations.

Defence Regulations 73.

Thank you for your memoranda of the 31st October and

10814th November, 1962; and for the trouble you have taken to check

the points which were raised during our discussion.

　　　　　Under the circumstances I would have no objection to the revocation of Defence Regulations 73.

* Bal

c.c. lion. C. S. (iir. Shephard)

D. of C. & I.

C.P. (Mr. Dawson)

AGC:sea

(A. G. Crook) Postmaster General

CONFIDENTIAL

IROW AND

LIITO

6/3231/59

110)

Director of Commerce & Industry

445678

C.R. 4181/62

(a)

COFIDETI AL

Legal Department

20th love ber, 1962.

Revision of Defence and Fineryency Reg:lations

　I refer to your memoranda AGO 8/1250/62 (12) of 27th September and AGO 8/1253/62 (22) of 12th October, 1962. I wish to make the following comments:

Defence Regulations 1940

(i) D.R.46 (1.).R.62) 1 comim that the Defence (linker Coal

and Oil) Order 1940 is no loer required and there appears to be no need for this D.R. to remain in view of E.P.R.62.

(ii) D.R.50 (£.P.R.72)

GREIN

(a) I am not concerned with the murketing of Larine Fish Order 1946, Harketing (arine Fish) 1950 and harketing (Marine fish) authorized Officers Oruer 1960, and I suggest you consult the Commissioner for Co-operative Development Fisheries.

(b) Prohibited export Order 1946

Brass, butter, going bags and sulphur were removed from the schedule of prohibited articles by the Prohibited Exports (Amendment) Crder 1956 (GA 90/56). The export of borax remains restricted under that order but as borax has already been incorporated into the schedule to the Exportation (Prohibition) (Strategic Comodities) Regulations 1959, the Prohibited Export Order 1946 is no longer required.

(1) I confirm that this regulation is still required to be in operation at the present time for the purpose of giving validit to the orders made under it. The export Control Order 1950 gives me the authority to license exports for ixchange Control rensons, Mie Daport Control Cruer 1947 embles me to license and control imports of the goods mentioned in paragraph 2 of the schedule enclosed with my Leno. C.R. 4182/60 o; 19th February 1962 addressed to Hun. Colonial Secretary and copied to you.

4/323 1/47 (11) See my comments at (b) aixve.

'atted

(iii) The Import and Expert Control Criers are still in use and must be retained until the enactment of the I & (Licensing) Regulations 1962. I agree that these regulation can be dúoted under the few Ordinance.

Present

(iii) DRSM, DR55 and DR73 (1.P.R.73. .....P.R.67. E.F.R.96.)

Mincc those Deforce Regulations are covered by imer uncy (Principal) Regulations, I agree the are no longer necessur; •

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mergency Regulations

(1) Maer ney (xportation) (iscellaneous Provision) Regulations

1751.

These regulation are still in operation and need to be: retained until the enactment of the I & 1 (Direction Orders) Regulations, the draft of which was forwarded to you under cover of my Lemo (95) in C.R. 4182/60 dated the 11th

CR7/3244 December, 1961.

(ii) Emergency (Essential Supplies) Regulations 1952

No essential supplies certificates have been issued by this Department since 2nd May, 1955 and I agree that these re,ulations are no longer required.

(iii) Amergency (Importation and Exportation (rdinance) Regulations 1953,

1954, 1955.

I confirm that these regulations are still required until the nactment of the new Iportation and Exportation Ordinance.

(DC. Jeaffreson)

for Director of Comerce and Industry

c.c. lion. C.S. (lir. Shephard)✓

C.P. (1r. Dawson).

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CONFIDENTIAL'

MEMO

To Hon. C.S. (Mr. Shephard).

From....

Legal Department..

Ref...........

..(45)...

in AGO 8/1250/62.

Tel. No. 95219

Your Ref.

113

Date 5th December, 1962.....

dated

Revision of Emergency and Defence

legislation.

I enclose herewith, a draft order in Council revoking several Defence Regulations and orders made thereunder; a draft order in Council revoking sets of Emergency regulations; and a table showing departments consulted, and other information about the enactments to be revoked.

It would be best if these two orders could go before Ex-Co. on December 18th, as

(a) the resolution extending the Defence Regulations (Continuation)

Ordinance for a further year must go before Leg.Co. on the 19th, and it would then be possible to tell Leg. Co. that the number of scheduled enactments had been considerably reduced;

The in (b) the revocation of the three Marine Fish orders, must bin with

the commencement of the new Ordinance.

These two orders can safely be described as measures to clear away 'deadwood', and do not involve any major policy issues. The only further comments I have are as follows.

Defence Regulations.

The D.Rs to be revoked all contain powers that would only be required in an emergency, and all are covered by corresponding E.P.R.S. When the Ordinance comes up for renewal by Leg. Co. all that will, in fact, be left will be:-

(a) D.R.50, which must be kept alive to support the Import Control Order 1947 and Export Control Order 1950: however, these will shortly be replaced by the proposed new I. & E. Licensing Regulations.

(b) D.R.52, which is kept alive to support outstanding requisitions

of land by the military.

Emergency Regulations.

The revocation of several other sets of regulations is in the offing, and can be expected in the forseeable future.

You will recall that the revocation of several orders under regulation 6 of the Emergency (Requisition) Regulations is also in the offing, and dependant only on confirmation by the military authorities.

I would be grateful if I could see a copy of your draft memerandum, so that I can put it before Attorney General together with the two draft orders.

'ጽ

7675 ~158 15/12/021.

WTWD air of in

(W.S.W. Davidson)

Crown Counsel.

Enclos.

CONFIDENTIAL

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Dream!!.

WHEREAS

DEFENCE REGULATIONS (CONTINUATION) ORDINANCE

(No. 37 of 1958).

DEFENCE REGULATIONS (CONTINUATION) ORDINANCE (REVOCATION OF SCHEDULED ENACTMENTS) ORDER,

1962.

Annex A.

Citation.

(a) the Defence Regulations (Continuation) Ordinance, 1958,

as extended annually by resolution of the Legislative

Council, has retained in operation certain enactments

(hereinafter referred to as the scheduled enactments)

made pursuant to powers conferred by the Emergency Powers

(Defence) Acts 1939 to 1945

(b)

(c)

(a)

certain scheduled enactments are no longer required to be

in operation

notwithstanding the fact that it had been revoked by the

Law Amendment (Transitional Provisions) Order, 1954, the

Port Executive Committee Order, 1946, was included among

the scheduled enactments

doubts have, therefore, arisen as to whether the Port

Executive Committee Order, 1946, is at present in operation;

and it is considered desireable that, for the avoidance of

doubt, it should be expressly revoked

NOW THEREFORE in exercise of the power conferred by section 3 of the

Defence Regulations (Continuation) Ordinance, 1958, the Governor in

Council has made the following Order

This Order may be cited as the Defence Regulations (Continuation)

Ordinance (Revocation of Scheduled Enactments) Order, 1962.

Revocation of

certain

scheduled

enactments.

2. The scheduled anactments referred to in the schedule tothis

Order are hereby revoked.

200 Cab

SCHEDULE

> Regulations.

Regulations 37, 39, 43, 46, 47, 504, 54, 55, 56, 57 and 73 of the

Defence Regulations, 1940.

ORDERS

Citation

1. Defence (Bunker Coal and Oil) Order,

1940

Gazette Notification No.

179/40

2. Port Executive Committee Order, 1946

B.M.A. Gazette of 30.4.46.

3. Order made in 1946 relating to requisi-

tions.

205/46

4. Prohibited Exports Order, 1946

238/46

5. Marketing of Fish Order, 1946

363/46

6. Marketing (Marine Fish) Order, 1950

A.74/50

7. Marketing (Marine Fish) Authorized Officers

Order, 1960.

A.60/60

MISCELLANEOUS

2. Appointment of Postmaster General as

Competent Authority for the purposes of regulation 73 of the Defence Regulations, 1940.

2. Establishment of Wholesale Fish Market at

Marine Lot No. 87, Tung Kun Street, Yaumati under the Marketing (Marine Fish) Order, 1950

Establishment of Wholesale Fish Market on

Island Road, Aberdeen, under the Marketing (Marine Fish) Order, 1950.

4. Appointment of the Director of Commerce and Industry to be Competent Authority for the purposes set out in regulations 50A and 73 of the Defence Regulations, 1940.

746/39

.123/50

A.116/52

788/50

COUNCIL CHAMBER,

11962

Clerk of Councils.

Citation.

Revocation of certain regulations.

Алиех В.

EMERGENCY REGULATIONS ORDINANCE.

(Chapter 241).

Emergency Regulations Ordinance (Revocation of Regulations)

Order, 1962.

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made

the following Order

1. This Order may be cited as the Emergency Regulations Ordinance (Revocation of Regulations) Order, 1962.

2. The regulations contained in the Schedule to this Order are

hereby revoked,

SCHEDULE.

Citation.

Gazette Notification No.

1. Emergency (Anti-Aircraft Gun Practice)

A. 225/49.

Regulations, 1949.

Emergency (Arms and Ammunition Ordinance,

A. 195/50.

1933)(Amendment) Regulations, 1950.

Emergency (Defended Areas) Regulations,

A. 84/51.

1951.

40 Emergency (Immediate Resumption)

A. 5/52.

Regulations, 1952.

5. Emergency (Essential Supplies) Regulations,

A. 25/52.

1952.

6. Emergency (Immediate Resumption)

(Application) Regulations, 1953.

7. Emergency (Immediate Resumption) (Application)

Regulations, 1954.

COUNCIL CHAMBER,

, 1962.

A. 180/53.

A. 1/54.

Clerk of Councils.

•

Enactments.

Defence Regulations 1940. Reg. 37.

-G

Departments consulted in addition to Defence Branch

Corresponding Emergency (Principal)

Regulations.

D. of M.

39.

D. of M.

43.

D. of M.

Manager of Railway

☐ 46.

D. of M.

D.C. & I.

47.

D. of M.

Manager of Railway

50A.

D. of M.

D. C. & I.

54.

55.

D. of M.

D.C. & I.

56.

D. of M.

57.

D. of M.

D.C. & I.

P.M.G.

Defence (Bunker Coal and Oil)

D. C.& I.

Order 1940; made under D.R. 46.

Port Executive Committee Order, 1946

D. of M.

Order made in 1946 relating to requisitions, under D.R.53.

Prohibited Exports Order, 1946, made under D.R. 50

D.C. & I.

Marketing of Fish Order 1946

C.C.D.& F.

Marketing (Marine Fish) Order, 1950

Marketing (Marine Fish) Authorized Officers Order, 1960

Miscellaneous items.

Emergency (Anti-Aircraft Gun Practice) Regulations, 1949

　　　　　Emergency (Arms and Ammunition) Ordinance, 1933)(Amendment) Regulations, 1950

Remarka

D. of M. recommends extension of EPR.57 to cover "docks, harbour, typhoon shelter, wharf, quay, or pier."

Manager of Railway would like eventual amendment to Railway Hop afatione to cover thie power.

Completely covered for time being by Req. Reg. 7, in addition to E.P.R.

Completely covered for time being by Req. Reg. 4, in addition to E.P.R.

Obsolete.

Revoked in 1954, and apparently included

in the Schedule in error.

Fallows AR 55.

Obsolete.

To be replaced by Marine Fish (Marketing) Ordinance 1956, which is

to commence in same week.

Military Authorities.

C.P.

These automatically become obsolete with revocation of D.Rs 50A, 73, and the Marketing (Marine Fish) Order, 1950.

All future anti-aircraft firing to take place under Defences (Firing Areas) Ordinance.

Unnecessary, since Governor has power to exempt classes of person from cap.a3 see definition of "exempted person".

Obsolete.

　　　　　　Emergency (Defended Areas) Regs. 1951 Emergency (Essential Supplies) Regs. 1952 Emergency (Immediate Resumption) Regs. 1952

Emergency (Immediate Resumption) (Application) Regulations, 1953

D.C. & I.

Lands Branch.

Emergency (Immediate Resumption)

(Application) Regulations, 1954.

6.5

From

G.F.

100-2

CONFIDENTIAL

Ref... (43)

Attorney. General

Tel. No. 95265

MEMO

To..

in AGO 8/1.250/62

Your Ref.

6/3231/567

CONFIDENTIAL

(114)

Hon. Colonial Secretary..............................

Date 5th December, 1962

dated

see (113)

Revision of Emergency and

Defence Regulations.

You will recall that in Savingram No. 797 dated 17th April, 1962, from H.E. the Governor to the Secretary of State for the Colonies, it was indicated that by the end of this year only three sets of Emergency Regulations, made under the Emergency Regulations Ord- inance, Cap. 241, would still be in existence. In addition an undertaking was given that the need to keep in force any of the Emergency (Principal) Regulations, 1949, at present in operation, would be reviewed. Although the estimate of the amount of emergency legis- lation in force at the end of 1962 has proved somewhat optimistic, a good deal of progress has been made, and I propose, if you agree, to prepare a draft Savingram at the end of the year setting out the position, and giving a programme of how the remaining regulations will be dealt with.

2. In addition to the limited review suggested in the Savingram, I feel that the time is long, overdue for a major review of all temporary wartime and emergency legislation still in operation. I include the following regulations in this category

(a) All regulations made under the Emergency

Regulations Ordinance, Cap. 241, including the Emergency (Principal) Regulations, 1949.

(b) All regulations and orders, kept in operation by the Defence Regulations (Continuation) Ordinance, 37 of 1958.

(c) The Compensation (Defence) Regulations, kept in operation by the Emergency Powers (Exten- sion and Amendment Incorporation) Ordinance, Cap. 251.

(a) Certain proclamations of the British Military

Administration kept in operation by the Law Amendment (Transitional Provisions) Ordinance, Cap. 257.

These regulations fall into one of three categories -

7629

5/2

WARD

WITER

(a) those required to be kept in permanent operation (which should be incorporated into the Permanent Law);

(b) those which have already been superseded by the

permanent law (which are thus obsolete and can be immediately revoked);

(c) those which are not required to be in operation at present, but might be needed in the event of a full emergency (in which case they should be revoked, and held in draft form ready to be made if a full emergency arises).

CONFIDENTIAL'

CONFIDENTIAL

Good progress is already being made in sifting the regulations, in the light of the principles set out in para. 3. However, this task would be made considerably easier for this department if you would be prepared to circularize all departments, setting out the following pro- cedure

(1) It is proposed to revoke by the end of June, 1963,

all Emergency Regulations, Defence Regulations, and B.M.A. Proclamations still in operation and any such regulations which are on the Statute Book and have not been brought into force, with the exception of the Emergency (Deportation and Deten- tion) Regulations 1962;

(2) Any department wishing to retain any powers con-

ferred by any such regulation must put a case

for its retention, such case to be made not later than the end of January 1963.

(3) The Legal Department (in particular Mr. Davidson)

will be available to assist departments in deciding whether powers are

(a) adequately covered by existing legis-

lation;

(b) not required; or

be incorporated in the permanent law.

If this is done I will ensure that the necessary drafting is done by the end of June, 1963 -

(a)

(b)

to enable all emergency legislation to be revoked, with the exception of the Emergency (Deportation and Detention) Regulations, 1962; and

to incorporate into permanent legislation those powers for the retention of which a good case has been made out.

I would like to say that all departments consulted so far have been most helpful and cooperative and have only sought the retention of really necessary powers.

5. I feel that the time is also overdue when we should revise our policy with regard to emergency legislation gen- erally, and in particular as to the future of the Emergency (Principal) Regulations, 1949.

The Emergency (Principal) Regulations were enacted in December, 1949, under the Emergency Regulations Ordinance, Cap. 241, and contained a provision enabling individual regu- lations to be brought into operation by notice by the Governor.

Since then the Principal Regulations have remained on the Statute Book and a large number of them has been brought into operation by notice. In addition, separate sets of amending regulations have been made since 1949.

6. In my view, it is a grave misuse of Cap. 241 (Which is intended to enable regulations to be made in an emergency or in case of public danger) for regulations made under it to

CONFIDENTIAL

This towel be Niemi!

An Ending the

-3-

CONFIDENTIAL

remain in force when there is no emergency or public danger. So far as those regulations which have been made by the Governor in Council and not brought into force are concerned this is equally objectionable; into force by order, which is really an usurpation of the

　　　　　　　　　　　the Governor can bring them functions of the Governor in Council, who alone, under Cap. 241, should decide when there is a situation justifying the bringing into force of emergency regulations made under that Ordinance.

7. The existing regulations under Cap. 241 also present practical difficulties. Once brought into force they cannot be amended, unless there is an emergency or public danger at the time of amendment; this prevents them from being revised from time to time in the light of a changing situation.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　So far as the Emergency (Principal) Regulations are concerned, once a regulation has been brought into force by the Governor, it cannot be taken out of operation again; it can only be revoked and subsequently replaced. This means that a number of the Principal Regulations are still in force although the need for them has disappeared.

powers

8. In peace time there will always be criticism of any legislation which suggests the use of emergency or is said to be af an emergency nature. The word "emergency" quite justifiably, carries with it a suggestion of arbitrary powers and of a circumvention of the ordinary law and the basic safeguards of the subject. Many provisions, which would cause opposition and criticism if embodied in emergency legis- lation when there is no prevailing emergency,can be put into permanent ordinances without the same reaction, since the latter course involves public debate during the passing of the Bill and makes the Legislation part of the ordinary law. By putting what we need into Ordinances, we avoid the sort of criticism which we have had recently from "Justice". I know of no other Colony which has retained emergency legis- lation on the statute book when there is no emergency.

9. I am, therefore, strongly of the opinion that both on practical grounds and for reasons of principle, the whole of the Emergency (Principal) Regulations should be revoked. This can be done as soon as the regulations coming within category (a) of Para. 3 have been incorporated into the perm- anent law.

10.

It seems to me that there are three types of emer- gency for which regulations may be required in the future, and for which we must be prepared

(a) A full scale emergency.

The normal colonial procedure, and one which is favoured by the Secretary of State, is to have a full set of regulations prepared and set up in proof form by the Government Printer; these can then be held in readiness, and kept under constant review. These regulations would be drafted under the auth- ority of the 1939 Order-in-Council, (a copy of which is attached to this meme) and would become effective only in the event of a full scale emergency. The power to make regulations under this Order-in-Counc is as wide as under our Ordinance, the main differ- ences being that it is the Governor alone who makes them and that the Governor must first make a formal proclamation of a state of emergency.

CONFIDENTIAL

-4-

CONFIDENTIAL

(b) Other emergencies.

It may be necessary to enact emergency regulat- ions from time to time in unforseen circumstances falling short of a full scale emergency. The recent immigration crisis is one example. In those cir- cumstances it would be perfectly proper to make regulations under Cap. 241 to deal with the situa- tion, as necessity arises, so long as they are re- voked as soon as the necessity for them has lapsed.

The detailed regulation which would be made un- der para. (a) above would not properly meet a situ- ation in which atomic attack were expected or feared For that situation, with a possibility of a complete breakdown of everything as a result, and of panic, all you really need is a sort of "martial law" pro- vision empowering soldiers and police to do any- thing, take anything or give any orders whatsoever, with the right to kill on the spot in the event of obstruction or failure to obey. This is a rather separate issue, which could be considered, I think, when the rest of the regulations have been tidied up, but should be kept in mind for future consider- ation and action. Again regulations of this kind would be made under the 1939 Order-in-Council and kept in proof form by the Printer.

11. I would be obliged for early consideration of the proposals outlined in this memorandum, as if they are accepted, adherence to the programme mentioned in para. 4 will only be possible if Departments are informed before the first of January 1963.

In view of our undertaking to the S. of S. this matter is urgent and the Solicitor General who has been work- ing on this proposed revision in counsultation with me, is ready to discuss any point which you may wish to have clari- fied.

All Reyes

(M. Heenan.) Attorney General.

/mmr

Anso by (121)

CONFIDENTIAL

་་

APPENDIX

AT THE COURT AT BUCKINHAM PALACE

The 9th day of March, 1939

Present

The King's Most Excellent Majesty

Marquess of Zetland Lord Chamberlain

Sir Hugh O'Neil

Mr. Chancellor of the Duchy of Lancaster

Whereas it is expedient to make other provision than that now existing for the security in time of emergency of the colonies and protectorates mentioned in Part I of the First Schedule to this Order, and of the territories in respect of which a man- date on behalf of the League of Nations has been accepted by His Majesty mentioned in Part II of the said Schedule:

Now, therefore, His Majesty, by virtue and in exercise of the powers vested in Him by the British Settlements Act, 1887, the Foreign Jurisdiction Act, 1890, and of all other powers enab- ling Him in this behalf is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows :-

PART I

GENERAL

This Order may be cited as the Emergency Powers Order

in Council, 1939.

(1) In this Order, unless the context otherwise

requires

"territory" means any territory mentioned in the First Schedule hereto and its dependencies, and includes the territorial waters, if any, adjacent thereto;

"Governor" means, in relation to any territory, the Governor of the territory :

Provided that

(a)

(b)

(c)

in relation to Basutoland, the Bechuanaland Protectorate and Swaziland, it means her Majesty's High Commissioner for Basutoland, the Bechuanaland Protectorate and Swaziland;

in relation to the British Solomon Islands Protectorate, the Central and Southern Line Islands Colony and the Gilbert and Ellice Islands, it means the High Commissioner for the Western Pacific;

in relation to Nigeria, it means the Gover- nor-General of the Federation of Nigeria;

and

(a) in relation to Zanzibar, it means the

British Resident."

"law" includes any Order of His Majesty in Council except this Order, and any Ordinance, order, rule, regulation, by-law, or other law for the time being in force in the

territory

}

-2-

(1A) Any reference in this Order to an officer by the

term designating his office shall be construed as a refc.ence to the officer for the time being lawfully discharging the functions of the office and shall include, to the extent to which a deputy is authorised to discharge those functions, that deputy."

(2)

The Interpretation Act, 1889, shall apply for the interpreation of this Order as it a plies for the interpretation of an Act of Parliment.

The provisions of Part II of this Order shall have effect in any territory which they shall from time to time, in case of any public emergency, be brought into operation by Proc- lamation made by the Governor, and shall continue in operation until a further proclamation directing that they shall cease to have effect is made by the Governor, and shall then cease to have effect except as respects things previously done or omitt- ed to be done.

4. The orders specified in the Second Schedule hereto shall be revoked as from the first day of June, 1939:

Provided that nothing in this revocation shall affect any Regulations made under any of the Orders hereby revoked and in force in any territory on the date aforesaid, but all such Regulations shall continue in force until revoked, or until amended or varied by Regulations made underPart II of this Order.

5. His Majesty may from time to time revoke, add to, amend or otherwise vary this Order.

(1)

(2)

Part II Regulations.

The Governor may make such Regulations as appear to him to be necessary or expedient for securing the public safety, the defence of the territory, the maintenance of public order and the suppres- sion of mutiny, rebellion, and riot, and for main- taining supplies and services essential to the life of the community.

Without prejudice to the generality of the powers conferred by the preceding subsection, the Regul- ations may, so far as appears to the Governor to be necessary or expedient for any of the purposes mentioned in that subsection

(a)

(b)

make provision for the detention of persons and the deportation and exclusion of persons from the territory;

authorise

(1)

(11)

(c)

the taking of possession or control, on behalf of His Majesty, of any prop- erty or undertakings;

the acquisition on behalf of His Maj- esty of any property other than land;

authorise the entering and search of any pre- mises;

(a)

(e)

(f)

(g)

-3-

provide for amending any law, for suspending the operation of any law and for applying any law with or without modification;

provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the Regulations, such fee as may be prescribed by or under the Regulations;

provide for payment of compensation and re- numeration to persons affected by the Regul- ations;

provide for the apprehension, trial and pun- ishment of persons offending against the Regulations;

Provided that nothing in this section shall authorise the making of provision for the trial of persons by Military Courts.

The Regulations may provide for empowering such author- ities or persons as may be specified in the Regulations to make orders and rules for any of the purposes for which such Regulations are authorised by this Order to be made, and may contain such incidental and supplementary provisions as appear to the Governor to be necessary or expedietn for the purposes of the Regulations.

8. A Regulation or any order or rule made in pursuance of such a Regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which may be inconsistent with any Regulation or any

such order or rule shall, whether that provision shall or shall not have been amended, modified or suspended in its operation under section 6 of this Order, to the extent of such inconsistency have no effect so long as such Regulation, order or rule shall remain in force.

9. Every document purporting to be an instrument made or issued by the Governor or cher authority or person in pur- suance of this Order, or of any Regulation, and to be signed by or on behalf of the Governor or such authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Governor or that authority or person.

FIRST SCHEDULE

PART I

Colonies and Protectorates

Hong Kong

ENCLOSURE NUMBER: 115

HAS BEEN REMOVED TO : COUNCILS DIVISION

AND IS NOW ENCLOSURE NUMBER :

IN FILE NUMBER : COU CR 4/1136/62

PROFORMA A

ENCLOSURE NUMBER: 116

HAS BEEN REMOVED TO: COUNCILS DIVISION

AND IS NOW ENCLOSURE NUMBER :

IN FILE NUMBER : COU CR 4/1136/62

PROFORMA A

From

73 A

Dircotor of Cormaroo and Industry

MEMO

COLFID

To Logra Depurtat (alta, its. Bevidsai) (2)

Telephone 445070

Your Ref:

in.

Date..

1th Locuber, 1962

My Ref:

(22)

in 41 1/62

(15)

1) Tovision of : ofendo & Facronov, o ulat qua 2) Anated foot and roule cu 110 1102

GR /

I pelor tu aj mono.ancun (10) în (2. 41.2/62 CE 1902 me subacquent disclusions of the most noc and perjancy Hojdi kiungo botucon Nesars. Devidson and Jeoffrosul.

I uncooptand that you will now roccft the following: zopustians' viách taco tu lo pro užuted valur the Lovisou importation

and gatetlen weinnco, so that they can be uncatcu unus the present Greirunco :-

FIN 413231/47

1) Importation and Mportation: (Licchain) Rojul: tion → l'y

DLDO. EDGE CR 1100/00 03 2jrd Decatber, 1901, 6th Janu ry, 1962 and 19th February, 1962, refer.

ii) part tion and patetion (Dicotion (ruoro) "qjulating -

by nono, undan (95) în î: 4257/10 of 11th combay, 22 Pea:16.

iii) ppropriato rojuletions to dispose with the heaty

(Import:tion and spa tɩtion L. dân neoj ? jumtico 1953, 1998 and 1995.

A problen hos crison out of the Imported feet end ruulty Nejuletions (1902) w doh pro claoted under to Fub de fie: 4th and Servicco Orcân noo 1962 and thich will come into fa so on Cast "aroh, 1963. Although, at the Cano the regulations mera Auftod > Director of Brian torvicoo thou hit ho coul control No impart es meet tithout colling upon t 10 ecpartment (Director of buben vervlova neno- rakum (67) in U...). Kƒ/4 or 17th April, 1961 ra.cro), I cz nơi satisilod, aftor discussing the problem with ... • vul de lânge, Assistant Li-cotor of Ubben "kivioco, that the ally as.outlive naj/ Of uplcnanting these regulations will be so tils cupartant to issue impo. t Divaneen os câ jrting the sorti.doutes zogji tu by quž tien 4. This dqpart ent clready inawa sioco03 un 2 to impo. tutiu, Cida sya tution (itualsve da nocivico) lejul: tiuna iu skusen tik o Milou booá, culton anu pork including offulo but I have no sceath due Anti- ing the other 1.000 covzod by the inpa tou "unt cu ruunky OLĀ. DALA (duet of animal other than bʊu?, mutton anu jorît, ak pouley) uta thesc regulatiübbə

I un avstanu thật tử, vai ce Linco hao ditoussed tids (Ováln with 12. Bouddly, Grown Cotncol, unu tho letto. Quidk., rod that neat os aincl other than buod, nuttun and pack, (nu poulty could be kidu.cn in poofah 2 of the firut Schodulo to the proposed E-part.) on nu mayportubium (uliccnstig) Hoyul, tiqus thich you che non going ŵ a. ot under the present Übcâmnoë0, p. sundly belovo pist Merch 1969.

I could have no objections to this, but vo ld it be neo cachy to inclu o in the Logi, dution that I voulu miy iesno the Zopa. ¿ ca ticato a sirot sibting the certificate required by the Ingoteu l'oct and poultry hul tiang?

(D.G. Vestrson)

for Director of Vormereo and in ustry

وجيا

DJ the

0.0. Ikxi. C.3. (?)

Fin. D.U.".

3/7901/1/50

حسا

7915

18/12

From

G.F. 73A

30x100-7/61-23938

CON. DENTIAL

Legal Department.

Ref.

Tel. No. 95219

MEMO

CONFIDENTIAL

(Mr. Dawson)

To Coumissioner of Police..

..in...AGO. 8/1250/62.

Date 17th December, 1962.......

Your Ref..

dated.

Revision of Emergency Regulations

Further to our Conference dated 17.10.62., I would be grateful for C.P.'s views on whether the Emergency (Arms and Ammunition Ordinance, 1933)(Amendmente) Regulations, 1952, can be revoked now or should be incorporated into the permanent law.

It will be noted that discharging a loaded firearm with intent to do grevious bodily harm, etc., carries life imprison- ment under section 17 of cap1 212; and that the use of a fire- arm to resist arrest carries a specific maximum penalty of 14 years under section 30 of cap. 238. It seems to me clearly unjustifiable to have in peace time a maximum sentence of life imprisonment for all offences under cap. 238, bearing in mind the wide definition of 'arms', but the C.P. may wish to retain it for certain offences.

At the same Conference you undertook, I believe, to put in suggestions for the incorporation of E.P.R.'s 25 and 26 into the Public Order Ordinance, Cap. 245.

File

NFA

AIS

18/12

c.c. Hon. C.S. (Mr. Shephard)

/ap.

W/WDarioSun.

(W.S.W. Davidson)

Crown Counsel

は

A 9914

18/12

CONFIDENTIAL

18 DE Reed

6/3231/59

BRITISH FORCES SECRETARIAT, HEADQUARTERS BRITISH FORCES.

HONG KONG,

EMERGENCY (PRINCIPAL) REGULAITONS

Further to our conversation of yesterday it would be much

appreciated if a copy of the above Regulations could be forwarded for

retention by this Headquarters.

Assistant Defence Secretary,

A.J. Shepard Esq.,

Colonial Secretariat.

Copy :- GSO 1 (Ops

G30 2 (Ops)

20 DEL Red

49567 ***8_20/12.

AFITER

Th 18

Dec 62.

Stronard

Commander, R.M.

for Emergency Trey's

which is with me.

From :

Legal Department

Ref:

AGO 8/1250/62

Tel.No.

95219

Ais

31/12

MEMO

CONFIDENTIAL

To See distribution list.

129

Date: 31st December, 1962.

Revision of Emergency and

Defence Regulations affecting

D.C. & I. and D.A.F.

In view of the urgent need to dispose of outstanding emergency, and Defence regulations, and the unlikelihood of the new I. and E. Ordinance being enacted for some considerable time, it is proposed to act as follows

1. Proceed with the proposed I. and E. (Licensing) regulations, under the present Ordinance. The enactment of these regulations will enable the Import Control Order, 1947, the Export Control Order, 1950, and Regulation 50 of the Defence Regulations to be revoked, in addition to a large number of orders under the I. and E. Ordinance. I will proceed with a new draft, and in the meanwhile would be grateful to know if there are any changes of policy or instructions since the last draft was produced.

2. Proceed with the proposed I. and E. (Direction Order) regulations under the present Ordinance, which will enable the Emergency (Exportation)

(Miscellaneous Provisions) Regulations 1951 to be repealed.

3. Proceed with the drafting of new regulations under the present Ordinance to be called perhaps the Importation (Agricultural Poisons) regulations 1963.

These regulations will prohibit the Importation of Agricultural Poisons set out in the schedule except under licence from D.A.F. The schedule will be based on that provided by D.A.F. and attached to his memo dated 20.11.62. Whereas s.16 of the I. and E. Ordinance enables the Governor in Council to delegate powers to the Director of Commerce and Industry, no such delegation can be made with respect to the Director of Agriculture; accordingly I advise that under the present Ordinance, it will not be possible to provide for amendment of the schedule by the Director of Agriculture; at present the schedule will have to be amended by the Governor in Council, although this position could perhaps be altered under the new I. and E. Ordinance. D.A.F. will be enabled to impose conditions on the grant of any licence, and by virtue of the fact that these regulations are to be enacted under the I. and E. Ordinance, the D.C. and I. will have adequate powers to enforce the regulations.

I will proceed with the drafting of these regulations, but meanwhile would be grateful if D..F. would consider amendments to the schedule in the light of Secretary Pharmacy Board's nemo dated 28.12.62.

4. Defer any action on the Emergency (I. and E.) (Amendment) Regulations 1953, 1954 and 1955 for the next few months.

The incorporation of those regulations into the I. and E. Ordinance will have to be done by Ordinance; and for this reason it would undoubtedly be more convenient for this to be done by the new I. and E. Ordinance, rather than an Ordinance anending the present one.

If, however, no progress has been made on the new I. and E. Ordinance by about April 1963, it will probably be necessary to adopt the latter cause.

LowDust

(W.S.W. Davidson)

Crown Counsel.

/Distribution

Distribution:-

Hon. C.S. (Mr. Miller) Hon. C.S. (Mr. Henderson) Hon. C.S. (Mr. Shephard)

D. of C. and I. (Mr. Jefferson) D. of A. and F. (Mr. Nicholls) P.M.O.H. (N.T.) (Dr. Allan) Secretary, Pharmacy Board. Legal Department 3 copies.

Má

CONFIDENTIAL

جميع

Colonial boereteri§Ÿ·······

CONFIDENTIAL

MEMO

To......bolicitor General..

Telephone

95261.

Your Ref:

in.....

Date 9 January 1963.

My Ref:.

(121). in...

CR 6/3231/59 II.

Revision of Emergency and Defence Regulations

We discussed the Attorney General's memorandum

(45) in AGO 6/1250/62 of 5 December 1962.

　　I agrec with the proposal in para.l of that memo that you should prepare a draft savingram setting out the position we have reached so far and how we intend to proceed in the future,

I agree that we should proceed as proposed in paras. 2-4 with regard to the "emergency" legislation still on the books. I cnclose a draft Secretariat Circular and should be grateful for your comments on it.

le discussed in particular the future of the Emergency (Frincipal) Regulations 1949 and I explained reasons why we should prefer to avoid, as long as possible, the necessity to evoke the Emergency io crs Order-in-Counci 1939. he agreed tht the lcgulations should be revoked, but that before this is done they should be set up in proof again in such a way that any one or more of then could be made again at very short notice. Should the need arise for a proclamation Order-in-Council any regulations already made under the Emergency Regulations would continue in force and additio..al regulations can be made cither under that Ordinance or under the Order-in-Council.

I agree that consideration of the Regulations that would be required in the Atomic Amergency should be deferred until the action referred to above has been completed.

I regret the delay in dealing with this matter.

CONFIDENTIAL

(D.B. Jordan) Defence Secretary

CONFIDENTIAL

الا

OUTWARD

G.F.

0000730

20,000x100-82-B28360

MEMO

From....

Ref........

Colonial Scertariat

To.

Tel. No..

(122)

95302

in CA.G/3231/59 11

Your Ref.

122

Office of the Camo:joro

(Attn. Lt. Cdr. Foster)

Hayol.F.

(Attn. Car. Loonarā)

12222

11th. January, 1965.

Date.

dated..............

Revision of Bergency ami Defence Rezulations

Reference, conversation Foster/Chephard.

I enclose a copy of the Energency (Royal Navy) Police Powers Regulations, 1949 for your information.

In due course you will also need a copy of the Finergency (Principal) Regulations, 1945. I am afraid that there are no spare

rincip copies available; they are being reprinted and as soon as I have extra copies I will forward them.

(A. J. Shephard) for Colonial Secretary

REGIS!

c.c. Hon. A.G.

Enos.

CONFIDENTIAL

118.

OUTWARD

LETT!

ó. A. 224

Citation.

122

THE EMERGENCY REGULATIONS ORDINANCE, 1922.

Regulations by the Governor in Council.

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, 1922, as amended by the Emergency Regulations (Amendment) Ordinance, 1949, and the Emergency Regulations (Amendment) (No. 2) Ordinance, 1949, the Governor in Council has made the following regulations

REGULATIONS.

1. These regulations may be cited as the Emergency (Royal Navy) Police Powers Regulations, 1949.

Interpretation.

2. For the purpose of these regulations

Ordinance No. 10 of 1899.

"appropriate law" includes

(a) the Merchant Shipping Ordinance, 1899, and any regulations

made thereunder;

Ordinance No. 4 of 1949.

(b) the Immigrants Control Ordinance, 1949, and any regulations

made thereunder;

Ordinance No. 5 of 1922.

Ordinance, 1922; and

(d) any enactment which the Governor may by notification

in the Gazette declare to be included in such expression;

"Commanding Officer" means a Commissioned Officer or midshipman who

at the time of the exercise of any power hereby conferred is in

command of one of the ships of war of His Majesty or one of the

ships of war maintained by the Colony;

"Commissioned Officer" means an officer holding a commission in

(a) the Royal Navy; or

(b) the Royal Naval Reserve; or

(a) the Naval Force;

Ordinance No. 63 of 1948.

"Naval Force" has the meaning from time to time assigned to it by the

Hong Kong Defence Force Ordinance, 1948, or any enactment amending

or substituted for the same.

A reference to an Ordinance shall include any amendment thereof

from time to time in force.

Officers to have powers of a police officer.

3. A Commanding Officer and a Commissioned Officer during such

time as he may be detailed for such duty by a Commanding Officer shall

for the purpose of anforcing the appropriate law have all the powers

vested in an Inspector of Police and in an Immigration Control Officer

whether by virtue of the appropriate law or of any other law applicable

to the Colony.

Commanding Officer may take appro- priate

measures to

require

vossel to

4. For the purpose of requiring a vessel to stop a

Commanding Officer may authorize the firing of a gun as a signal

or may take such other measures as he may deem appropriate to

indicate that such vessel is required to stop.

stop.

Commanding

Officer may

fire at vossel re-

fusing to stop.

Where in exercise of any power conferred by those regulations

a vessel (not being or having the status of a ship of war) has been

lawfully required to stop and fails to do so a Commanding Officer, after taking such measures as may reasonably be taken to identify the ship under his command as one of His Majesty's ships of war or one of the ships of war maintained by the Colony, as the case may be, may compel such vessel to bring to by firing at her or by the use of

such other force as he may doom appropriate.

Indemnity for persons act- ing in aid

of a Command- ing Officer

or Commission- ed Officer.

Every person acting in the aid or by the direction of a Commanding Officer or Commissioned Officer who is purporting to act in the exercise of any power conferred by these regulations shall be and is hereby indemnified and discharged from any indictment penalty action or other proceeding for so doing.

ALASTAIR TODD,

COUNCIL CHAMBER,

18th October, 1949.

Deputy Clerk of Councils.

Explanatory Note.

The physical control of the movement of vessels in colonial

waters is exercised by the Marine Police who are at present inadequate-

ly equipped to exercise sufficient control outside the limits of the

port of Victoria.

forcement of enactments regulating merchant shipping and immigration

control. The object of the present regulations is to confer upon a

Commissioned Officer of the Royal Navy and of certain other naval forces

or upon a midshipman if he is in command of the vessel, the powers

vested by law in an Immigration Control Officer and in an Inspector of

Police. As the exercise of these powers may render it necessary

to stop and search vessels which may prove unwilling to comply an

officer in command of a warship is authorized to fire at a vessel which

fails to stop when lawfully required so to do.

Such control is necessary inter alia for the on-

G.F. 73B

6,000x100-2/61-B23092

MEMO

CONFIDENTIAL

462-b

From

Solicitor General.

Hon. C.S.

Telephone........

95265

Your Ref:

(121)

.in..

CR 6/3231/59 II

Date 22nd January, 1963...

My Ref:

(77)

.in..

AGO/8/1250/62 C..

herewith.

Revision of Emergency and Defence Regulations

Thank you for the draft Secretariat Circular, which I return

I have made a few suggested amendments to the circular.

　　　I think that it would be wise to send a copy of the circular, or an equivalent letter, to the Heads of the Services so that they may have the opportunity to make representations about the retention of powers which may be of interest to them. If we do not do so, they may complain at a later stage about not having been consulted.

　　　I confirm that the Emergency (Principal) Regulations, 1949 will not be sought to be revoked until new regulations have been set out in proof form ready for promulgation at short notice if necessary.

I also confirm that the new regulations will be made under the Ordinance and not under the 1939 Order in Council.

A draft savingram to the Secretary of State, setting out the present position and our proposals for the future will be prepared and will be forwarded to you in the near future.

Deup solut

(D.T.E. Roberts) Solicitor General.

/es.

#HARD

RIGSTEY

512.

24/1

LITTER

2 d

123,

0000730

00-3162-B28360

MEMO

6/52/592

CONFIDENTIAL

124

From.......

Legal Department...

To....

Hon. C.S.

Ref......

(78)

.in...AGO/8/12.50/62. C.

Date.

5th February, 1963.

Tel. No.95219

Your Ref.

.in..

dated.

Defence (Finance) Regulations, 1940

　　In view of the policy decision taken by Hon. C.S. (Reference (121) in CR 6/3231/59 II) in reply to Hon. A.G.'s memo dated 5.12.62. (Ref: (43) in AG0/8/1250/62) consideration will have to be given to drafting legislation to replace these regulations.

　　It might be helpful to have a preliminary discussion on this subject between the Secretariat and the Legal Department, in order to enable a decision to be made on the type of replacing legislation required.

W.SW.Davisson.

(W.S.W. Davidson)

Crown Counsel.

/es.

6 FEB New

yys

un 6/2/43

در نا //۲۴۵

LETTER

G.F.

0000730

20.000x103/62-B28360

MEMO

From...

Ref............

Colonial Secretariat

(125)

.in.CR.6/3231/59...II

Tel. No..........

95302..........

Your Ref.

in..

12.6

To Chief of Staff, H.G.L.F. (Cdr. Leonard)

Date February, 1963.

dated.

145/4/5/43

126

You will find enclosed three copies of Secretariat Temporary Circular No. 'L' 5 which sets out proposals for the revision and revocation of all existing Emergency Defence Regulations.

　　I shall be grateful if you will inform the Service Commanders and let me know in due course if you wish to make any representations concerning military interests in this legislation.

Als

(A. J. Shephard)

for Colonial Secretary.

AJS: jw.

FIDENTIAL REGISTRY

T625.

OUTW

6/2

LETTE

RESTRICTED

CR 6/3231/59 II

Note:

SECRETARIAT TEMPORARY CIRCULAR NO. 'L' 5

Emergency & Defence Regulations

(126)

Colonial Secretariat,

Hong Kong.

4th February 1963.

This circular sets out certain proposals for revoking all existing Emergency and Defence Regulations. They are either to be replaced by permanent legislation where necessary or to be held in proof form so that they can be brought into force as and when the need arises. The circular should be read by all Heads of Departments, Officers concerned with the operation of existing Regulations and those concerned with Emergency Planning.

It is proposed to revoke, at the earliest possible date, all

Emergency Regulations and British Military Administration Proclamations which are still in operation. This includes the Emergency (Principal) Regulations, 1949. The only exception proposed is for the Emergency (Deportation and Detention) Regulations 1962.

Any Head of Department who sees any continuing need for any provisions of the Regulations referred to above, and who has not already consulted the Legal Department on this subject, should submit his proposals to the Colonial Secretary (copy to Attorney General) for consideration not later than 28th February 1963.

Provisions which are required in normal times should be incorporated in the permanent law.

Provisions which are required only in emergencies will be put into draft Emergency Regulations which will be held ready to be brought into force if and when the need arises. This applies particularly to the provisions of Emergency (Principal) Regulations, some of which are now in force and others on the Statute Book but not in force. Heads of Departments are also invited to examine the Emergency (Principal) Regulations and to submit any suggestions for their improvement which will assist in their revision.

Crown Counsel (Mr. Davidson) will be available to assist departments

in deciding whether the existing powers are:

(a) adequately covered by other existing permanent legislation;

(b) not required;

(i) incorporated in the permanent law, or

(ii) incorporated in draft Emergency Regulations.

To: Heads of Departments

E.B. TEESDALE

Deputy Colonial Secretary

0000730

20-8/62-B28360

From.........

Goverment Printer

in....

Ref.

Tel. No. 703616

MEMO

CONFIDENTIAL

To Hon. C.S. (for Mr. Sheppard)

Date 6th February, 1963.

P/GEN. 90 (II)

Your Ref.S.T...G.. 'L.5 in CR 6/3231/591 dated 4.2.63.

serken

Emergency & Defence Regulations

Have noted the contents and apart from the question of the setting and printing of the material required this does not, I think, affect me. In this connection, however, I have in hand a reprint of the Emergency (Principal) Regulations 1949 of which you wished me to reproduce 20 copies for Secretariat use.

　I originally proposed to have this done by the photographic process but since then planned to set the job including amendments on my monotype keyboard, print off, melt down the type and store the paper reel in my safe or strongroom for use, if required, in any future emergency.

•

　Before I go ahead in this manner should be grateful if you would let me know whether, now that you plan to revoke, printed copies of this will ever be required in the future as if not will go back to my original plan and use the photographie prooe if the reprint is still required.

G.Pand confirmed!

printing

　　　　　　　AIS photo.

will do

SY:cok

11/2

DAPE

#WAR

ARD

yay 4/263

LIITEM

(S. Young) Government Printer

GF. 73A

0000781

8,000x100-5/62-B28427

نام

From............. Legal Department.

Ref..

Tel. No. 95219

CONFIDENTIAL MEMO

CONFIDENTIA

To. Hon. C.S. (Mr. Shephard)(2).

120

Date 7th February, 1963.

dated....

..in..AGQ...8/1250/62....

Your Ref..

in.

hrad M

PRC's reply

x/ of (160)

23/1476/59 =

in (B

(85)

Revocation of Emergency (Principal) Regulations, 1949

Gazetting of areas under section 12

of the Public Order Ordinance.

I refer to the subject matter of

A.G.'s memo to C.S. dated 5.12.62

C.S.'s memo in reply dated 9.1.63 (ref. (121) in

123)S.G.'s memo in reply dated 22.1.63

CR 6/3231/59 II)

In discussion with S.G., it was agreed not to revoke those E.P. R. 's coming within category (c) of paragraph 3 of A.G.'s memo dated 6.12.62, until the revised regulations had been set out in proof form; but that there was obviously no reason why we should not go ahead immediately with the revocation of those coming within category (b) of the same paragraph.

3. It appears to me that there are only three regulations coming within category (b)

Regulations 21, 34 and 57.

Regulation 21 has been rendered obsolete by the new Telecommunication Ordinance. See my memo to P.M.G., copied to you, dated 9.10.62.

Regulation 34 is already covered by legislation under the Public Order Ordinance. It's revocation was recommended as far back as 14.3.58 at a meeting held in Defence Secretary's office. (See C.S. memo dated 20.3.58, ref. D/VP/CA).

Regulation 57 is already covered by section 12 of the Public Order Ordinance. No area appears to have been gazetted under regulation 57, but I would be grateful if you could check that no area has in fact been closed under that regulation.

In view of our undertaking in paragraph ♦ of our Savingram 797 to review the necessity to keep E.P.R.'s in operation, and the fact that I am now preparing a Savingram setting out progress, I think it would be as well to revoke these three regulations now: This would indicate that some progress at least has been made. I forward, therefore, a draft order revoking these regulations. If you agree to this could you arrange for submission to Ex-Co as soon as possible.

5. To refer back to section 12 of the Public Order Ordinance, I note that the fact that the Public Order (Movement of Craft) Order, 1949 (p. 177 of Vol. XI) appears to be still in existence: This order prohibits the movement of craft from 10 p.m. to 6 a.m. throughout the whole of Deep Bay and the greater part of Mirs No Bay, and I presume has only been kept alive as a result of an

oversight and can now be revoked.

c.c. C.P. (Mr. Dawson

enc.

/ap

534

DAN 8/2/63

LETTER

@~ Daudin

(F.S.W. Davidson) Crown Counsel

73A

0000781

00x10-5/62-B28427

CONFIDENTIAL

MEMO

From......... Legal Department..

To Hon. C. S. (Mr. Shephard) (2)

Ref.

Tel. No. 95219

....in...AGO 8/1250/62

Your Ref.

in.

Date 7th February, 1963.

dated..

یا

Revocation of Emergency (Principal)

Regulations, 1949

Gazetting of areas under section 12

of the Public Order Ordinance.

I refer to the subject matter of

A.G.'s memo to C.S. dated 5.12.62

C.S.'s memo in reply dated 9.1.63 (ref. (121) in

S.G.'s memo in reply dated 22.1.63

CR 6/3231/59 II)

In discussion with S.G., it was agreed not to revoke those E.P.R.'s coming within category (c) of paragraph 3 of A.G.'s memo dated 6.12.62, until the revised regulations had been set out in roof form; but that there was obviously no reason why we should not go ahead immediately with the revocation of those coming within category (b) of the same paragraph.

3. It appears to me that there are only three regulations coming within category (b)

Regulations 21, 34 and 57.

Regulation 21 has been rendered obsolete by the new Telecommunication Ordinance. See my memo to P.M.G., copied to you, dated 9.10.62.

Regulation 57 is already covered by section 12 of the Public Order Ordinance, No area appears to have been gazetted under regulation 57, but I would be grateful if you could check that no area has in fact been closed under that regulation.

In view of our undertaking in paragraph 4 of our Savingram 797 to review the necessity to keep E.P.R.'s in operation, and the fact that I am now preparing a Savingram setting out progress, I think it would be as well to revoke these three regulations now: This would indicate that some progress at least has been made. I forward, therefore, a draft order revoking these regulations. If you agree to this could you arrange for submission to Ex-Co as soon as possible.

5. To refer back to section 12 of the Public Order Ordinance, I note that the fact that the Public Order (Movement of Craft) Order, 1949 (p. 177 of Vol. XI) appears to be still in existence: This order prohibits the movement of craft from 10 p.m. to 6 a.m. throughout the whole of Deep Bay and the greater part of Mirs Bay, and I presume has only been kept alive as a result of an oversight and can now be revoked.

wewDanshi

(W.S.W. Davidson) Crown Counsel

c.c. C.P. (Mr. Dawson)

enc.

EMERGENCY REGULATIONS DRDINANCE

(Chapter 241)

Emergency (Principal) Regulations, 1949 (Revocation of Regulations) Order, 1963

12%

In exercise of the powers conferred by section 2 of the

Emergency Regulations Ordinance, the Governor in Council has made

the following Order

Citation.

1. This Order may be cited as the Emergency (Principal)

Regulations, 1949 (Revocation of Regulations) Order, 1963.

་ ་ཡ、

Revocation of

certain regulations.

2. Regulations 21, 34 and 57 of the Emergency (Principal)

Regulations, 1949 are hereby revoked.

COUNCIL CHAMBER.

Clerk of Councils

EMERGENCY REGULATIONS DRDINANCE

(Chapter 241)

Emergency (Principal) Regulations, 1949 (Revocation of Regulations) Order, 1963

　　In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made

the following Order

Citation.

1. This Order may be cited as the Emergency (Principal) Regulations, 1949 (Revocation of Regulations) Order, 1963.

Revocation of certain regulations.

2. Regulations 21, 34 and 57 of the Emergency (Principal)

Regulations, 1949 are hereby revoked.

COUNCIL CHAMBER.

Clerk of Councils

آنا اور یاد اما

6/5431

British Forces Secretariat Headquarters British Forees HONG KONG

Tele: 35861 Ext 227

1401 SEC

Feb 63

Zu Jaio

Pase Operations Officer, HMS TAMAR Principal Air Staff Officer, Air HQ G30 2 (Opa) HQ Land Forces

REVISION AND REVOCATION OF ALL EXISTING

EMERGENCY DEFENCE REGULATIONS

　　　The attached copy of Secretariat Temporary Circular No 'L' 5 sets out proposals for the revision and revocation of all existing Emergency Defence Regulations.

2. I have been requested by the Defence Secretariat to inform the Service Commanders and let them know in due course if HQ British Forces wishes to make any representations concerning Wilitary interests in this legislation.

3. Proposals contained for revoking these regulations are contained in documents which are not held by the Services. I have accordingly arranged with Hr AJ SHEPHERD of the Dofence Secretariat for a meeting at 1000 hrs on Friday 15th in his office when the regulations in question and subjects involved can be seen and discussed by representatives of the Services.

4. I would be grateful if you could represent the Service Commanders at this meeting and let me have your agreement or otherwise to the revocation of the regulations concerned.

844

11/2

Shemma.

Commander RN

80 British Forces Secretariat

(S LEONARD)

Copy to : "Defence Secretariat (for Mr AJ SHEPHERD)

0000730

Jx100-3/C ́LB28360

CONFIDENTIAL.

MEMO

From Attorney General

To Hon. Colonial Secretary...

(2)

Ref.......

AGO 8/1250/62 II

.in.

95255

Tel. No...

Your Ref.

(121)

in.

Date CR6/3231/59 II

12th February, 1963.

dated...

9th January, 1963.

/mmr

EMERGENCY LEGISLATION.

12.1

As agreed by paragraph 2 of your memo under reference,

I attach a draft savingram with regard to Emergency Legislation. atr-130'

Mama Berman

(M. Heenan)

Attorney General.

CONFIDENTIAL

NO.. OLY GATE 10/2 WZAKD LETTER

vio near tu

CUNF

LUNCIEN

CC Hon AG

Draft Savingram for Secretary of State

Revision of Emergency and Defence

regulations in Hong Kong.

hi Cit

5 hi

2/350/+6

In accordance with the request in the last paragraph

of Mr. Greech Jones Circular savingram of 18th July, 1946, I

report below the general position for the six month period 1st

September, 1962 - 28th February, 1963:-

(a)

No new Defence or Emergency Regulations have been enacted.

(b)

(c)

A number of sets of regulations and orders made under the

Emergency Regulations Ordinance have been revoked or will be

revoked in the near future.

Enektarine

(See appendix "A" attached)

Some of the regulations of the Emergency (Principal)

Kusw.en free. He pisite

you

Regulations, 1949, that had been brought into operation to these

at Enchart 6.

by own

have been revoked or will be revoked in the near future.

(See-appendix "B" attached)

(a)

A number of Defence regulations and orders have been

revoked.

Echouwn C

(See appendix "G" attached)

In my savingram No. 797 dated 17th April, 1962, entitled

"The Rule of Law in Hong Kong," I referred to the action being taken

to dispense with Emergency regulations in operation in Hong Kong.

immfa la

O with

Cern

1962 timer, Recently a major revision has been undertaken of all Emergency and

Defence regulations and of other temporary post war legislation, ant

A comparison of Appenxid "A" attached to this savingram

162

во

with Appendix "A"-attabbed to Savingram No. 797, and of Appendix "B" attached to this savingram with Appendix "B" attached to Savingram No. 797 will give an indication of the progress made in the revision of

Emergency regulations.

tich

-2-

Appendix "g" attached indicates the progress made in revision of Defence

Regulations and other temporary post war legislation.

As regards the future I propose to take the following action:-

(a)

to press ahead with all possible speed with the

incorporation into the permanent law of such Emergency regulations, Emergency (Principal) Regulations, Defence

Regulations and other temporary post-war legislation

as are required for normal purposes in the manner

endly

to he

indicated in the various appendices; the only exception

to this is the Emergency (Deportation and Detention)

Regulations, 1962, which I propose to retain as Emergency

legislation until such time as they are no longer required;

(b) to prepare a revised set of regulations for a future full scale emergency, based on the Emergency (Principal) Regulations, 1949, to be set up in proof form by the

Government Printer and held in readiness; as soon as this task is completed, the Emergency (Principal) Regu-

lations will be revoked.

onit

to meet an atomic emergency, which would again be set-up

in_proof-form-and-held in readiness.

}

APPENDIX "A"

Present Position of Emergency Regulations other than the Emergency (Principal) Regulations, 1949,

Title of Regulations.

Prevention of Cholera Regulations, 1938.

Mvileed by

IN 22/62

Emergency (Requisition) Regulations, 1949.

Before (have) all.

1207

Emergency (Royal Navy)(Police Powers) Regulations, 1949.

Comment.

Covered by other legislation so far as the Urban areas are concerned, and will be covered for the New Territories

on commencement of the Food Business (New Territories) Regulations, 1963. A draft order has been prepared to revoke the 1938 regulations with effect from the date of commencement of the 1963 regulations; this is expected to be about the middle of 1963.

Revocation is held up for two reasons :-

(a)

(9)

property which is still requisitioned under regulation 3 must be derequisitioned before

revocation.

8 out of 12 remaining orders under regulation 6 have been revoked. (see G.N.A. 140/62);

the remaining four, which relate to ranges still in use, are to be incorporated in the

now Defence Bill, on which work will shortly be beginning.

Since R.N. ships, when engaged on anti-illegal immigration patrols, carry police officers on board,

it is considered that there is no reason for the retention of these regulations, the revocation of

which is under discussion with the Commodore.

"Immiginate Bill -sex (11))

Emergency (Anti-aircraft Gun Practice) Regulations, 1949.

Revoked by G.N.A. 130/62.

Energency (Arms and Ammunition Ordinance, 1933) (Amendment)

Regulations, 1950.

Revoked by G.N.A. 130/62.

Emergency (Arms and Ammunition Ordinance, 1933) (Amendment)

Regulations, 1952.

Cheoke with folies.

- Je (28)

Emergency (Exportation) (Miscellaneous Provisions)

Regulations, 1951.

It is intended to revoke these in the near future.

To be incorporated into the new Importation and Exportation Bill, of which a first draft has already been prepared.

Revoked by G.N.A. 130/62.

chuyle with

Cel

Emergency (Defended Areas) Regulations, 1951.

Emergency (Immediate Resumption) Regulations, 1952.

Revoked by G.H.A. 130/62.

10.

Emergency (Essential Supplies) Regulations, 1952.

11.

Baergency (Immediate Resumption) (Application) Regulations,

1953 and 1954.

Revoked by G.N.A. 130/62.

12.

134

13.

14.

15.

Emergency (Importation and Exportation Ordinance)

(Amendment) Regulations, 1953, 1954 and 1955.

dan

And

Emergency (Agricultural Poisons) Regulations, 1955.

hey lo

examine

Emergency (Deportation and Detention) Regulations, 1962.

Emergency(Deportation and Detention) (Advisory Tribunal)

Rules, 1962.

to chook.

To be incorporated into the new Importation and Exportation Bill. See Item 7 above.

The use of these agricultural poisons within the Colony is adequately covered by the Pharmacy and Poisons Ordinance, but the regulations are still required to control importation.

It is proposed that these regulations should be replaced by regulations made under the new Importation and Exportation Bill. See Item 7.

These two enactments have replaced the Emergecny (Detention Orders) Regulations, 1956, and

the Emergency (Review of Detention Orders) Rules, 1956: the purpose of the new Regulations

and Rules is fully explained in paragraph 3 of my savingram No. 797 dated 17th April, 1962.

It is intended that these regulations and rules should remain as Emergency legislation and

not be incorporated into the permanent law of the Colony.

189

16.

Emergency (Immigration (Control and Offences) Ordinance,

1958) (Amendment) Regulations, 1962.

chade

whit

Iam etc.

Enacted following the Immigration crisis in the middle of 1962, to increase the maximun penalties

for assisting illegal immigrants to enter the Colony. These regulations will be revoked on the

enactment of the new Immigration Bill, a first draft of which has now been completed.

APPENDIX "B"

Present Position of Emergency (Principal) Regulations in Operation.

Regulations of

year of coming

Emergency (Principal) Regulations 1949.

into operation.

Regulation 21.

1950

To be revoked, in

ear-future.

jce

Regulation 25.

1950

Regulation 26.

1950

Comments.

check.wik

It is proposed to incorporate these two regulations in the proposed Public Order Bill.

{dise - see p. Bil

Regulation 34.

1950

To be revoked in near future.

check wit Pabei

Regulation 36.

Ah chade.

1950

Regulation 37.-

1950

To be revoked then new Emergency Regulations are ready in proof form.

Regulation 40%

1950

Regulation 50.

1950

To be incorporated in the proposed Public Order Bill.

Regulation 50A.

1958

Regulation 51

1950

To be revoked when new Emergency Regulations are ready in proof form.

check lasing

Kuz an

QP 1972.

Regulation 57.

1950

To be revoked in near future.

Covered b Pollin

Orde

sa.

Regulation 58.

1950

Regulation 67.

1951

Regulation 67A.

1950

Regulation 109.

1950

407

Regulation 117.

1950

Regulation 118.

1950

Regulation 119.

1950

Regulation 120.

1950

JMC

Regulation 124.

1950

Cop

Regulation 125.

1950

Regulation 126.

1950

Footnote:

To be revoked when new Emergency Regulations are ready in proof form.

the following regulations are also in operations - 2,3,4,65,81,83, 84,98,99,131,132,133,134,

135, 136, and 138. However all these regulations contain ancillary provisions only, and

need to be retained until all substantive regulations have been revoked.

Enactment

1. Defence Regulations, 1940.

APPENDIX "C"

Present Position of Defence Regulations and Other Temporary Post-War Legislation.

Kept in opera-

tion br

Defence Regulations

(Continuation)Ordinance,

1958.

Comment.

Regulations 37,39,43,46,47,50,54,55,56,57, and 73 revoked by G.N.A. 129/62.

The only substantive regulations still in operation are:-

Regulation 50, which is required until the revocation of the Import Control Order, 1947

and Export Control Order, 1950 (see below items 8 and 11); and

Regulation 52, which is required until all existing requisitions are ended.

2. Defence (Finance) Regulations,

Defence Regulations

1940.

(Continuation) Ordinance,

Consideration is now being given to the best method of incorparting the provisions

still required into the permanent law.

3. Defence (Bunker Coal and 011)

1958.

Order, 1940.

Revoked by G.N.A. 129/62

4. Port Executive Committee Order, 1946

Revoked by G.N.A. 129/62.

5. Order made in 1946 relating to

requisitions.

6. Prohibited Exports Order, 1946.

Revoked by G.N.A. 129/62.

7. Marketing of Fish Order, 1946.

龄

Revoked by G.N.A. 129/62.

8. Import Control Order, 1947.

9. Declaration of Essential Services

Order, 1948.

10. Marketing (Marine Fish) Order, 1950.

11.Export Control Order, 1950.

Still required to control importation of various commodities into the Colony, until

replaced by regulations to be made under the new Importation and Exportation Bill of which

a first draft has been prepared.

An ancillary provision only.

Revoked by G.N.A. 129/62

As for item 8 in relation to exports.

12.Marketing(Marine Fish) Authorized

Officer Order, 1960.

13.Compensation (Defence) Regulations

髀

Energency Powers (Exten-

sion and Amendment

Incorporation) Ord-

inance. Cap. 251.

Revoked by G.N.A. 129/62.

Provide for compensation in respect of loss and dange and will be retained until the revocation of all substantive provisions.

14. British Military Administration

Proclamation No. 11.

15.British Military Administration

Proclamation No. 27.

Law Amendment

(Transitional

Provisions) Ord-

-5-

Enquiries have been instituted, to find out whether this proclamation is still required.

inance. Cap. 257.

As for Item 14.

.. 73B

.100-2/61-R23092

4/3251/595

MEMO

TOP SECRET

Confidential transfer to 6/3231/59"

Hon. Colonial Seoretery

Ais

2012

131

From Director of Education

Telephone...... 30711...

Your Ref:

.in.

Date.

18th February, 1963

My Ref:

22.

.in.

CR6/3234/59 II

CENSÁGEN.

CR6/3231/5941

(26)

Emergency and Defense Regulations

　Please refer to Secretariat Temporary Circular No. 'L' 5 of 4th February, 1963, and to Chapter 63 of Top Secret (Civil Measures for Defense Scheme).

2. As Chief Censor, I note that according to para. 4 of Chapter 63 the legislative authority for the imposition of censorship in the Colony is contained in Part II of the Emergency (Principal) Regulations, 1949, (Regulations 5 - 28). If the office of Chief Censor is to continue, there will presumably be a continuing need for the provisions which I have just cited.

3. I have not yet consulted the Legal Department but by copy of this memo to Attorney General, I shall be pleased to have the benefit of Mr. Davidson's advice.

Cc: Hon. Attorney General

REGISTA

7555 Jine 20263

**WARK

1130

Bondhun

Peter Donohue

Director of Education

21/2

TOP SECRET

Conf.

G.F. 73B

6,000x100-2/61-B23092

Emergences Preg^s.

From

Legal Department

Telephone...........95249....

Date..... 10th February, 1963.

215

79/2

MEMO

613231159

& PRET

TOP POTI Confidential (132)

Hon. Director of Education

Your Ref: (22)

131

in CHIS/GET of 18.2.63.

My Ref:

.in

Emergency and Defence Regulations.

　　I agree that before the Chief Censor can act, Part II of the Emergency (Principal) Regulations, 1949, will have to be in operation; our ain is not to these regulations completely, but

to hold then in readiness to be enacted immediately if the situation arises when the consor is likely to be required.

　　of the regulations in this part, it is intended that all will be included in the revised Emergency (Principal) Regulations to be held in draft form, with the exception of the following :-

Regulations 21 and 22 which are included in and under the Telecommunications Ordinance; and

Regulations 25 and 26 which are to be included in the new Public Crder urdinance.

　　The other regulations in Part II will be used as the basis for the revised regulations, but I would be grateful if you would let me know of any amendments or suggestions you may have to bring these regulations up to date or to make them more effective.

сладений

(W. S. W. Davidson)

Crown Counsel.

c.c. Hon. C. S.

IBI

21/2/63

CONFIDENTIAL

G.F. 73

0000730

MEMO

133

20,000x100-3/62-B28360

Legal Department.

Custodian of Enemy Property.

To......

From.....

in..AGO/8/1250/62....II.

Tel. No. 95219....

Your Ref.

in......

Date...... 20th February, 1963. dated........

Emergency and Defence Regulations.

With reference to Secretariat Temporary Circular No. 'L' 5, dated 4.2.63, I note that one of the two E.M.A. proclamations still in force is No. 11 dated 16.9.45 dealing with enemy property. I presume that this proclamation is still required until the repeal of the Trading with the Enemy Ordinance, 1914, and its replacement by the Ordinance enacted in 1957.

I would be grateful therefore if you could advise me on whether any progress has been made with the winding up of enemy property since your annual report was published in May 1962, particularly with regard to the property occupied by the Military at Minden Row.

CONFIDE

~TIAL

1140

NO. DATE 2

EGISTRY

i {J

LET

c.c. Hon. C.S. (Attn. Mr. Shephard).

ALO

wwwDanchin

(W.S.W. Davidson) Crown Counsel.

CONFIDENTIAL

G.F. 73A

000x100-7/61-B23933

From...

Legal Department.

Ref.

(7).

in AGO 8/1250/52 11.

MECONFIDENTIAL

1:3

To Hon. Colonial Secretary (Mr. Shephard)

Date 20th February, 1963.....

Shaphard).

(2)

Tel. No. 95219.

Your Ref.

dated

Revision of Emergency and Defence Regulations.

My memo dated 28.9.62 refers. (93)

I understand that you are in possession of a complete list of premises requisitioned by the Military under

Defence Regulation 52; and

Regulation 3 of the Emergency (Requisition) Regulations, 1949.

As regards the former, under which it is probable that the majority of requisitions were made, the legal justification for the continuance of any requisition is tenuous in the extreme: such a requisition can only be legally justified if it "appears to the competent authority to be necessary and expedient for the purposes specified in section 1 of the Supplies and Services (Transitional Powers) Act, 1945, i.e. in this case

"for the purpose of providing or securing supplies and

services required for the defence of any part of H.M.'s dominions, or for the maintenance or restoration of peace and security in any part of the world ...

In this connection the case of Shung Yuen Land Investment Company Ltd. v. A.G., 0.J. Action No. 198 of 1956, and the note prepared by Blair-Kerr, Senior Crown Counsel on the case are of interest. In that case property held under requisition was immediately de-requisitioned, on legal advice, as a result of action instituted in the Supreme Court against the Government; and this at a time when I understand the garrison in H.K. was considerably larger than now. Even under the present law therefore, it is extremely difficult to justify the continuance of these requisitions.

As regards the future, C.S. policy decision to revoke these regulations, and the circular which casts the onus on departments and the military authorities to state a case for the retention of any powers required,puts us in a stronger position, I feel, on consideration and having discussed the matter with Mr. McRobert, that we are in a position to insist on the revocation of D.R. 52, and the revocation of the Emergency (Requisition) Regulations, 1949, as soon as we are able to incorporate the ranges gazetted under regulation 6 in the D. (F.A.) Ordinance. In any case where it is impossible to reach agreement and where the retention of the property is necessary in the public interest, the Crown Lands Resumption Ordinance should be used.

downgraded

and copied to BL 2/4531/46.

WTWDan Sim

(W.S.W. Davidson)

Crown Counsel.

G.F. 78A

6,090x100-7/61-B2393% CONFIDENTIAL

MEMO

4/8231753

134

From...

Director of Education

Ref. (24)..

To...

Crown Counsel

.....in...CENS/GEN (4).........

Tel. No..

330711

Your Ref.

132

Date

Legal Department.

21st February, 1963.....

In A608/1250/62 dated.

19th February, 1963

Emergency and Defence Regulations

Paras 1 and 2 of your memorandum of above reference are noted.

As to para 3, I have read Part II of G.N. A277 and can suggest only minor points for consideration, i.e.-

(1) p. 759.

"postal packet" ? should "aerogram" or "airletter" be specifically mentioned ?

(ii) pp. 760 & 761. "wireless transmitting apparatus"

is any

reference to communication by wire, e.g. cable or wired broadcasting/television systems,necessary ?

(iii) p. 776.

"balloons and kites" are referred to not flags by day and illuminated signals by night? But perhaps 23 covers this point.

why

　The actual operation of censorship appears to be adequately covered as far as my non-legal mind can judge.

I mohn M

Peter Donghué

Director of Education.

co: Hon. C.S.

1/61

22/2

G.F. 73B

6,000x100-2/61-R23092

MEMO

135,

From.

Registrar General

D. C. S.

Telephone. 95.343.

Your Ref:

in.

Date 20th February, 1963..

My Ref:..

.in

M-418

Proclamation No 27

Emergency Registration of China Companies

　　　　　　Please refer to Secretariat Temporary Circular No 'L' 126 5 of 4th February, 1963, on the subject of Emergency & Defence

Regulations.

i.e.,

The above Proclamation enables China Companies incor- porated under the laws of Hong Kong but previously registered in Shanghai to register in Hong Kong, and is kept in force by the Law Amendment (Transitional Provisions) Ordinance (Cap 257). Problems concerning China Companies may arise from time to time even at this late stage. We have had occasion to consider and in fact are still considering the validity of the registration of a Shanghai Company (and there may well be more) which was effected early in the post-war period was in fact not a China Company and therefore should not have been whether that company registered under the Proclamation. Recently, moreover, we were asked for an opinion on the status of another Shanghai Company whether it was a China Company or not which had neither registered under the Proclamation nor reconstructed its records under the Companies (Reconstruction of Records) Ordinance (Cap 249). may be other Shanghai Companies in exactly the same position. the need to retain the Proclamation and the problem posed by the two Shanghai Companies have been discussed with Crown Counsel (Mr Davidson), who agreed that the Proclamation should not be revoked but felt that consideration might be given to the incorporation of the provisions of the Proclamation, with such amendments as may be necessary, in the Companies Ordinance (Cap 32).

1145°

22/2

Anderent

(C. M. Stevens) p. Registrar General.

i.e.,

There

Both

REL/W

c.c. Hon A.G. (Mr Davidson)

•

G.F. 73B

From

Secretary for Chinese Affairs

MEMO

136

Hon. C.S.

Telephone.

445566

Your Ref:

.in.

Date...... February 26th, 1963

My Ref:

(12)

..in

SCA 1/10/1203

(126)

Emergency & Defence Regulations

Please refer to Sect. Temporary Circular No. 'L' of 4.2.63.

　　　As far as can be seen, this department does not rely on the Emergency (Principal) Regulations, 1949, or any B.M.A. Proclamations for peace-time use.

For emergency, it appears that the S.C.A. would need powers granted under the following regulations of the Emergency (Principal) Regulations :

Reg. 13-20 Control of publications

25 26

Inciting placards, etc.

Prohibition of inciting documents Dissemination of false news

It may also be desirable (perhaps in the Dangerous Goods (General) Regulations now under revision) to include powers to prohibit the discharge of fireworks altogether in an emergency.

　　　I recommend that these powers be reproduced in draft Emergency Regulations.

cc: Hon. A.G.

BDW:aw

43.4). Wile (B.D. Wilson)

for Secretary for Chinese Affairs

2 7 FEB 1963

24/2

G.F. 73B (0000732)

-5.000×100-10/62-B32165

MEMO

6/3231/59:

From

District Commissioner, N.T.

To...

Hon. Colonial Secretary.

Telephone

806813

Your Ref:

Date

25th February 1963

My Ref:

(143)

N.T. 1305/578

126)

Emergency & Defence Regulations

With reference to Secretariat Temporary Circular No. 'L'

5 of the 4th February, 1963, this Administration is largely concerned with the requisitioning powers contained in both the Emergency (Principal) Regulations 1949 and the Emergency (Requisition) Regulations 1949.

　　　　I have discussed briefly with Mr. Davidson who confirms that similar requisitioning powers will be incorporated into the new draft Emergency Regulations. In the meantime there are still a considerable number of areas of land requisitioned under the Emergency (Requisition) Regulations 1949 which are still held under requisition and it will be necessary to provide somehow for these areas.

　　　　Mr. Davidson has said that he would like a complete list of these requisitioned areas and the Quartering Officer to whom this memorandum is copied, is asked to send a list of all areas still held under requisition to Mr. Davidson, to you and to this Administration. Although I have full details of areas held under requisition by the Army, I am not sure that my list of areas held under requisition by the Royal Air Force is up-to-date. (Paragraph 3 of the Command Land Agents letter of the 30th October, 1962, to the Quartering Officer refers.)

(J.K. Heywood )

for District Commissioner, N.T.

a.o Hon. A.G. (Atta. Mr. W. Davidson)

Quartering Officer.

JRH/mrh

انادا

36/2

G.F. 73

0000730

200x100-3/62-B28860

From..

Commissioner of Police

Ref.

(18)

CF/CON/95/32

Tel. No. 34522 Fxt. 251

Your Ref.

MEMO

6/3231/59

138

CONFIDENTIAL

To. Ion. Attorney General

Date.. 23rd February, 1963

in AGO 8/1250/62 dated 17.12.62

Revision of Fmergency Legislation

The question of deciding whether the Emergency (Arms and Ammunition Ordinance 1933) (Amendments) Regulation, 1952, could be revoked or incorporated into the permanent law is under active consideration by the Director of Criminal Investigation and the Director of Special Branch.

　　　　　I regret the delay in this matter, and will let you have my comments as soon as possible.

deuson. (C.J.k. Dawson)

for Commissioner of Police

CJRD: ja

cc. Hon.C.S. (Mr. Shephard)

CONFIDENTIAL

DENTIA

J...

1253 26/2

ATE...202

G.F. 73B (0000732)

5,000x100-10/62-B32165

MEMO

6/3231/59

From

Telephone

Director of Public Works

95-390

To...

Hon. C. S.

Your Ref:

.in.

Date

28th February, 1963.

My Ref: (161)

PWD 6101/50

RESTRICTED

126

SECRETARIAT TEMPORARY CIRCULAR NO. 'L' 5

Emergency & Defence Regulations

Emergency (Immediate Resumption) Regulations 1952 together with the two Amendment Regulations of the same year appearing under G/N A 5/52 A 17/52 and A 85/52 were used in taking back land required for re- development in connection with Shek Kip Mei. For similar reasons it is considered necessary to retain similar provisions in the draft Emergency Regulations.

2. I have no suggestions for improving the Emergency 'Principal' Regulations which would assist in their revision.

　　None of the Emergency Regulations and British Military Administration Proclamations which affect this department require incorporation into the permanent law.

c.c. Attorney General

B/15

Jan

(J.S. Don)

for Director of Public Works

- 1 MER 1903

1335

1/3/63

139

6/3081/57

i k

G.F. 73

0000730

20,000x100-8/62-B28360

MEMO

141

From.........

Commissioner of Prisons.

Hon. Colonial Secretary.

To..

Ref............

(15)

P.D. 1/651/56

.in.

Date.

28th February, 1963.

ск

Tel. No.

21287

Your Ref.

in..

dated.

126

Secretariat Temporary Circular No. *L* 5 of 4.2.63.

Emergency & Defence Regulations.

On the assumption that Emergency Regulations to implement Paragraphs 4 - 6 of Chapter 14 of the C.M.D. Scheme are held ready to be brought into force if and when the need arises, I can see no continuing need for the provisions of Emergency Regulations and Proclamations other than the Deportation and Detention Regulations

1962.

1358

2/3/63

PEGISTRY

ETTER

c.c. Hon. Attorney General.

GRP: usk

Seloman

(C.J. Norman) Commissioner of Prisons.

G.F. 73B

6,000x100-2/61-B23092

CONFIMENTIAL

Colonial Secretariat

From..

office of the Commodore-In-Charge.

to cars foster)

95302

Telephone

Your Ref:

.in..

5 March, 1965.

Date..

My Ref:

(141)

.in.

CR.6/5231/59 II

Emergency e, ulations Order 1922

Emergency (Royal Navy) .olice Jowors Regulations

1947.

　　　A co y of these was sent to you on the lita, January and the possibilit o. revoking them was briefly discussed at a meetin, of Service Represent .tives at the Assistant Defence Secretary on the 15th. February.

Taking this up now in rather more detail, you will see that policy now varies comiderably from the olicy described in the explanatory note at the foot of the Regul: tions. It was necined for example, th t in "Haslemere" Royal Laval boats assisting dovernant should cary a Police officer, It has similarly boon roed that koyal laval boats when used in aid or the Government should open fire Only in зelf defence,

　　Present policy therefore makos these tegulations unnecessary and I think you will agree that there is now no need for thea to continue in force. Goverment therefore proposes to revoke the no regulations. Adequate emergency powers ill be retained for the Royal Navy in the legislation which it is pro osed to urait an hold in readiness for immediate enactment at the outset of any enteroncy. you know these same principles ant criteria are being applied to all the emergency legislation. If it is not nooded, the policy is to revoke it; if it may be needed in normal times it should be incorporated in permanent law; if it is needed only in times of ergency then it should be held in draft in the way described above.

ધ

　　You will of course be kept fully consulted on the emergency legislation which it is proposed to hold i drett. This latter exorcise will principally concern the Emergency (Principal) egulations 1949 a copy of which will shortly be sent to you.

　　If you have any comments on the proposed revocation I snall be grateful to have them as early as possible so that the necessary lod measures may be put in hand.

c.o. H. .L.F. (Cdr. Leonard)

Hon. A.G. (Mr. Davidson).

AJSIJW.

(A. J. Shephard)

ANFIDENTIAL

for Colonial Secretary

か

REGISTRY

6/13

OUTWARD

LETIT

val

G.F. 73

0000730

000x100-3/62-B28360

MEMO

From..

Colonial Secretariat

To Government Printer

Ref...

Tel. No............

(142)

95302

....

in CR.6/3231/59 II

Date 5 March, 1963,

Your Ref.

in..

dated.

Emergency and Defence Regulations

Your Reference P/Gen. 90 (II) of the 6th. February, 1963.

I shall be grateful to have copies of these Regulations as carly as possible as they are now the subject of detailed discussion with Departments and the Armed Services.

AJS: jw.

(A. J. Shephard) for Colonial Secretary

REGISTA

CONFIDENTIAL

OUTWARD

G.F. 73

0000730

20.000x100-3/62-B28360

MEMO

From..

Government Printer

To Hon. C. S.

Ref..

.in

P/GEN. 90 (II)

Tel. No..

703616

Your Ref. (142)

Date 7th March, 1963.

in CR 6/3231/59 II dated... 5.3.63.

Emergency and Defence Regulations

All being well, I hope to have these available for supply

by the end of March.

SY:cck

По

(S. Young) Government Printer

CONFIDENTIAL REGISTRY

14/9

NO....

DATE.

INWARD LETTER

VU LIBUIJAJEU LEU

C. S. 20A

From the Governor, Hong Kong

To the Secretary of State for the Colonies

Repeated to:-

Repeated to:- Date.........

My Reference......

(5) in

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| 2011/416

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144

SAVINGRAH

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zujure a r vijoi jet af reyl time for a futuro fill senle e argane,, bused in the ...er enoy (ie ci sl) until stiɔna, 2^^. to be jat 1 in przak ir... by the Govora lust ristor aka Jed in 20 ilos ›; US U VON AS this tus. iu omakotol, tho . a.rgency (Princi (1) zogulītības

ill be ruy vd.

c.c. ilan. A.G.

12/3011/46

}

G.F. 73B (0000732)

5,000x100-10/62-B32165

}

MEMO

(145)

Commissioner of Police

From

Telephone

Date

34522 Ext. 251

21st March, 1963

Your Ref:

My Ref:

(19)

CONFIDENTIAL

Ilon. Attorney General

in AGO 8/1250/62 of 7.2.63 ...

.in...CP/CCN/95/32

Revision of Emergency Regulations

I agree there are good reasons for consolidating the Emergency (Arms and Ammunition Ordinance 1933) (Amendment) Regulations 1952 into permanent law, specifically to meet the case of persons (such as in the recent K.I.5. case) found in possession of explosives for sabotage and terrorist purposes. levertheless, on the whole, I consider the penalties under the Arms and Ammunition Ordinance, Cap. 238, are sufficient for such purposes.

In the circumstances, I recommend that the Emergency (Arms and Ammunition Ordinance 1933) (Amendment) Regulations 1952 should be revoked.

　　　The question of incorporating E.P.R. 25 and 26 into the Public Order Ordinance is under consideration and I hope to let you have my recommendations shortly.

CJRD: ja

oc. Hon.C.S. (Mr. Shephard)

Entmist on Eubon't

bile pl.

Ais

22/7

aDawson (C.J.K. Lawson)

for Commissioner of Police

CONFIDENTIAL

NO..

NTIAL REGISTRY

1494 JATE 22/3/63 WIRD CUTIES LETTER

.F. 73 A

CONFIDENTIAL

Το

Hon. C.S. (r. Shephard)

From ...

Legal Department.

Telephone 95219.

Your Ref:

Date...

25th March, 1963...

My Ref:

.in.

jn.AGO. 8/1250/62.c.

146!

14:

Revision of Emergency and Defence Regulations.

Emergency (Arms and Anmmition Ordinance)

(Amendment) Regulations, 1952.

These regulations were made in 1952, to provide for a maximum of life imprisonment for all offences under the Arms and Ammunition Ordinance Cap. 238; this includes not only the major offences, but also minor offences such as breach of a condition of licence, failure of arms dealer to keep accurate stock book, moving arms not properly labelled, possession of flick-knife etc. While these minor offences carry a maximum of life imprisonment under s.29 of Cap. 238 as amended by the Emergency Regulations, two major offences specified in s. 30 carry a maximum of 14 and 7 years respectively.

The continuance in operation of this amendment for 11 years is an abuse of the Emergency Regulations procedure, and makes nonsence of the whole system of maximum penalties. If a maximum of life imprison- ment were to be needed for any particular offence, the Ordinance should be amended to provide this through the normal legislative channels.

I have consulted C.P. on these Regulations, and after consideration by D.C.I and Special Branch, he recommends their revocation without replacement (C.P.'s memos copied to you dated 23.2.63 and 21.3.63 refer). I have also consulted P.C.C. in charge of criminal matters and he agrees to their revocation.

Bearing in mind that

(a) discharging a loaded firearm with intent carries life

imprisonment under s. 17 of Cap. 212;

(b) possession etc. of explosive substance with intent to

endanger life or property (the case mentioned by C.P. in his meno dated 21.3.63) carries 20 years under s. 4 of Cap. 206;

purpose carries 14 years under s. 5 of Cap. 206;

(a) any use of a firearm or imitation firearm with intent to

resist arrest carries 14 years under s. 30 of Cap. 238,

I agree that these Emergency Regulations can now be revoked without replacement in the permanent law.

to Ex. Co.

I accordingly submit a draft revocation order for submission

WSWD anotm

(W. S. W. Davidson)

Crown Counsel.

/vf.

CONFIDENTIAL

CAL.

Роза 26/3

------

Citation.

EMERGENCY REGULATIONS ORDINANCE

(Chapter 241)

Emergency (Arms and Ammunition Ordinance) (Amendment) Regulations, 1952 (Revocation) arder, 1963.

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the

following Order -

1. This Order may be cited as the Emergency (Arms and

Ammunition Ordinance) (Amendment) Regulations, 1952 (Revocation) Order,

1963.

Revocation.

(G.N.A.26/52).

2. The Emergency (Arms and Ammunition Ordinance) (Amendment)

Regulations, 1952, are hereby revoked.

COUNCIL CHAMBER,

, 1963.

Clerk of Councils.

G.F. 73

0000730

201

90-3/62-B28360

MEMO

From...

Ref.....

(120)

Goverment Printer

To...

Tel. No. 703616

Your

in R/GEN, 90 (II)

Ref....(142)

Hon. C. S. (for Mr. Shephard)

Date 26th March, 1963.

in CR 6/3231/59 IIdated.

Emergency & Defence Regulations

28 Copies of the reprint of this have today been sent to you under sealed cover.

Your 1949 copy of Hong Kong Regulations will be returned as soon as this has been rebound.

SY:cck

CONFIDENTIAL REGISTRY

1848 21/3

NO... DATE 2

INHARD

LETTER

(S. Young)

Government Printer

LOMA.. 18:3

H.K. 10/17/3.

4/20181/59

lu:

THE COMMODORE-IN-CHARGE,

HONG KONG

25th March, 1963.

THE COLONIAL SECRETARY,

HONG KONG

(Copy to:- The Commander British Forces,

Headquarters British Forces,

Hong Kong.

EMERGENCY (R.N.) (POLICE PO.ERS) REGULATIONS

Reference:- The Colonial Secretary's letter No. (141) in CR.6/3231/59 II of

5th March, 1963.

In general it is agreed that the above legislation should be revoked. No requirements are foreseen to act under the Merchant Shipping Ordinance 1899.

2. It is however considered that if the Royal levy is to continue to assist in the control of illegal immigration, albeit intermittantly, some permanent legislation is required due to the likely continuation of this problem. All that would be required is the power for H.M. Ships to search and arrest for illegal immigration purposes only, a though for preference, these powers would not be used they might prove invaluable.

3. The type of situation envisaged is that of H.. Ships in the normal course of exercising in colony waters being ideally placed to give assistance of a temporary nature on the receipt of "hot" intelligence by the Director of Anti Illegal Operations. If the ships were required to return to harbour to collect a police officer, the object would be lost.

4. There would be no requirement in such permanent legislation authorising the opening of fire.

This subject was discussed recently with Mr. Davidson (Ion. A.G. Dept.) who is aware of my views.

Geope Symonds.

(G.O. SYMONDS) COMMODORE.

ONFIDENTIAL

CONFIDENTIAL REGISTRY

NO.

93 DATE 29/3.

IN YARD

ETTER

G.F. 73

0000730

20,000x100-3/62-B28360

MEMO

CONFIDENTIAL

150

From

Director of Marine.

Ref......

Tel. No..

(28)

444447

.in.

H.D. 020/5bc.

Date.

To Logal Department (2).

28th March, 1963.

144

Your Ref. (10)

in.

100 1/625/61. dated 27th March, 1963.

EMERG NCY (ROYAL N VY) (POLIC POJERS

REGULATION', 1949.

I entirely agree with the Commolore and have no objections to tue course you propose.

There is no conflict with subsection (1) of section 68 of the Merchant Shipping Ordinance, 1953, which by paragraphs (e) and (d) first allow any Naval, Army or Air Force Officer's boat to make fast to a suir under way, but do not allow the Officer mimself actually to board witnout the permission of the Mastor, etc. The only change will now be that nono of these gentlemen may fire a suot across tuo ship's bows to slow it down. I have the thought that all would be rather foolish to try to make fast when the larger vessel was under any great speed, since they may be overturned and all drowned, but no doubt the Officers know their own business.

1944 29/3.

1..

c. Hon. C.S. (Mr. A.J. Shephard)

C.F.

JTH/JH

Mittenst

(J.F.Hewitt)

Director of Marine.

CONFIDENTIAL

3. The type of situation envisaged is that of H.M. Ships in the normal

G.F. 73A

0000731

8,000x100-5/62-B28427

Legal Department..

Ref. (9)

Tel. No..

95219

CONFIDENTIAL

CONFIDENTIALS

To Hon, C.S. (For Mr. Shephard)

.in. AGO 1/625/61

Your Ref.

Date 27th March, 1963

dated.

File Emergency

3) m

cc. Hon. C,S. (Mr. Morgan)

/ar.

Director of Anti-illegal Immigration (Mr. Turner) Director of Immigration.

heg

Revision of Emergency

Defence Regulations

Emergency (Roval Navy) (Police Powers) Regulations. 1949.

As a result of my recent conference with the Commodore, I think I am in a position to summarize the position as follows

(a) So far as the Commodore is concerned, police powers are no longer required by the Navy for enforcing the Merchant Shipping Ordinance (I will ask D. of M. and C.P. to confirm this).

(b) Since adequate police powers will be afforded the Navy in

the Emergency (Principal) Regulations, in time of an emer- gency, no police powers are now required to enforce the Emergency Regulations Ordinance.

(c) The Commodore has given instructions not to open fire when acting on immigration duty, save in self-defence, and he is not interested in retaining the powers to open fire set out in regulations 4 and 5.

(d) However, since it seems quite probable that the Anti-illegal

Immigration Unitwill wish to call on the Navy from time to time to assist in their work, it is desirable in the Com- modore's view, that the Navy should have the minimum powers necessary to enable them to carry out this task, i.e., the powers to stop, board, search and detain until they can hand over to the police. They may be asked to assist when on normal naval duties, and thus when no police inspector is on board.

2. After hearing the Commodore's views, it seems to me that we are faced with a clear choice either to revoke the regulations without re- placement, in which case we cannot obviously call on the Navy to perform duties which they are not empowered to perform: limited powers they require in order to assist us when asked to do so.

or we can give them the

3. In view of the fact that illegal immigration is likely to be a recurrent problem in Hong Kong, I feel that special circumstances exist such as would justify the Navy having these powers under the permanent law.

4. If this is accepted, I suggest that we revert to Mr. Hobley's proposal to insert a section in the Immigration Ordinance giving those limited powers.

See Legal Dept. memo to you dated 13.10.60, to which your references are CR LM 63/60 and CR 26/5061/49.

You will note that the main stumbling block to Mr. Hobley's 1960 draft was the Navy's insistence on retaining the powers to open fire.

5. It seems that this obstacle has now been overcome : if it is acceptable to all parties this draft could be used as a basis for an addition to the first draft of the Immigration Bill.

6. I believe that the Commodore will be replying shortly to your

memo dated 5th March, 1963.

14-1

CONFIDENTIAL

www Dantu

(W.S.W. Davidson)

Crown Counsel

1955

پر کرو جو

G.F. 73B

6,000x100-2/61-B23092

From

Telephone.....

MEMO

CONFIDENTIAL

Legal Department.

..95219.

Your Ref:

Date.... 27th l'arch, 1963.

My Ref: (10)..

$9 ER 959

CONFIDENT TA L

Director of Marine

Commissioner of Police

.in.

in AGO 1/625/61

...in...

Emergency (Royal Ravy) (Police Powers)

Romulations, 1949.

As you are aware, we have undertaken to rovoke all Emergency Rogulations as soon as possiblo: the above rogulations confer emergency powers on tho lavy to oxorciso the powers of police officers in enforc- ing the Forchant Shipping Ordinance.

The continuance of these powers under Emergency Regulations can no longer be justified, and if such powers were requirod indefinite- ly they should be in tho pormanont law.

3. In a rocent conferenco with the Cornodoro, ho expressed the viow that the Navy no longor required those powers, in normal timos.

4. I suggest, therefore, that these regulations should be rovoked vithout replacement so far as they rolate to Merchant Shipping; and I would bo grateful to know whether you agree to this course.

wu Dauch

(W.S.. Davidson)

Crown Counsel

cc. Hon. C.S. (For Mr. Shophard)

AGO 5/3/1250/52.

/ar.

Excergency

Leg 2

AIS

CONFIDENTIAL

NO 1954 ATE

0000730

,000-3/62-B28360

6/2231/59

CONFIDENTIAL

MEMO

From...

Director of Immigration

To...

Hon. C.S. (Attn: Mr. Shephard)

Ref..

(2)

in IMM. CR.IM 24/63

Date 29th March, 1963.

Tel. No. 29511

Your Ref.

in.

dated..

Revision of Emergency

Defence Regulations

Emergency Royal Navy Police Powers) Regulations, 1949.

Spoken Davidson/Moore.

I have no objection to the insertion of a section in the Immigration Ordinance, giving limited powers referred to to the Royal Navy.

JM:ml

cc: Legal Dept. (Mr. Davidson)

D.A.I.I. (Mr. Turner)

Hon. C.S. (Mr. Morgan)

(J. Moore)

Director of Immigration

CONFIDENTIAL

REGISTRY

1967

30/5

WELL.M Come "

WIM ↓

0000780

0,000x108/62-B28360

MEMO

From.........

Colonlud Too

To... Chamiambil by Hi-

Ref...

(14)

in Chan fo II

Date 1st April 1976

Tel. No.

95,02

Your Ref...

in ii. 39/17/9.

dated..."

Energency (B.M.) (olier Lover) derulations

I am in general 2, reument with the view expressod.

in your Memorandum ..10/17/3 of the 26th Parch an ection is in hal to incorporate suitable powers in the Immigration urdinance which is et resent being re-áraïted by Mr. Pavidson.

c.o. Leyal Dopt. (Mr. Davidson)

Binctor of immigration.

AIS

(A. J. Shephard) for Colonial coretery.

ITAL_REGISTAT

1078

OUTWARD

F. 73

RESTRICTED

62-1

From

Commissioner, E.S.C.

MEMO

Hon. Colonial Secretary.

(Attn: A.J. Shephard, Esq.).

773789

Telephone.

Your Ref:

.in

Date 3rd April, 1963.....

My Ref:

(82).

.in..

ESC 209/55

SECRETARIAT TEMPORARY CIRCULAR NO. 'L'5

Emergency & Defence Regulations

1126

In the note to this circular, it states that Emergency and Defence Regulations may be held in proof form so that they can be brought into force as and when the need arises.

　　　　It is presumed that where such regulations are going to be so held, copies of the relevant proofs will be issued to this office and others affected as it will often be necessary to base plans on the contents of the proof.

file

Emery?" regs.

JIH:cs

mes

CONFIDENTIAL

NO....21/13 DATE..44.

REGISTR

INWARD LET

LETTER

(J.L. Allard) Acting Commissioner

Essential Services Corps.

G.F. 73

0000730

20,000x100-3/62-B28360

ノ

MEMO

Ref.. (25)

From Commissioner of Police.

..in..CP/CON/95/32......

Tel. No.34522 Ext. 302

Your Ref.

6/3231/59

COM TDENTIAL.

To lion... Attorney General.

Date 18th April, 1963.

in.AGO...8/1250/62...... date ...

Revision of Emergency Regulations

必

Further to paragraph 3 of my memorandum (19) in

CP/CON/95/32 of 21st. March 1963, I now recommend that regulations 25 and 26 be incorporated into the Public Order Ordinance.

CONFIDENTIAL REGISTRY

NO..

DATE.

19/4

LETTER

Prepou

(D.J. Bryan)

for Commissioner of Police

an file please.

13/4

DJB:ms

c.c. Hon. 3.5. (Mr. Shephard)

AIS

G.F. 78B

6,000x100-2/61-B28092

6/3231/39=

MEMO

CONFIDENTIAL

From

Legal Department

Telephone..

95219

Your Ref:

Date 18th April, 1963...

My Ref: (34)

To Hon. C.S. (Mr. Shephard)

.in..

CR.6/3231/59 II

in AGO/8/1250/62 II C.

(146)

Revision of Emergency Regulations

2016 With reference to my memos dated 10.1.63 and 11.1.63, I now understand that the Food Business (N.T.) Regulations are expected to go to Ex. Co. in a few weeks time. The Prevention of Cholera Regulations 1938 (Revocation) Order of which you have a copy should go at the same time, and an Ex. Co. memorandum is therefore needed. I am afraid that I have no time to draft it now, but you may find that my comments in paragraph 3 of the memo dated 10.1.63 are useful. 2. With reference to my memo dated 25.3.63, do you intend to proceed with this revocation now, or hold it until other items are ready for revocation?

　　I am afraid that I have not been able to make any progress with the drafting of Defence Legislation.

　　All items of legislation connected with the revision of Emergency and Defence regulations are to be taken over by Hobley, and I have left him with full notes of matters in hand.

/es.

wtw Daudi

(W.S.W. Davidson)

Crown Counsel.

CONFIDENTIAL PEGUTRY"

NO....

DATE....

дния

18/4

INWARD LETTER

CONFIDENTIAL

-7

G.F. 73

0000730

20,000x100-3/62-B28360

6/2.159 рел

MEMO COM

I AB

From.........

Commissioner of Tolico

Ref..

(26)

.in.

Tel. No..

34522 Txt.

Your Ref.

in.

To Mer.

Date......1

dated.

༩།

refers,

Umergency (oyal (mm) (folice Fewers) Regulations, 1942.

Your momoranduri (10) in ACC 1/625/61 of 27th March, 1965,

I agree that these rogulations shoulā be revoked without replacement so far as they relate to the Merchant Shipping Ordinance.

DJB: ja

MBryan

(D.J. Bryan)

for Commissioner of Iolice

cc. Hon.C.S. (Atta.: "r. Shephard)

Director of Marine

COLETIVEMINTAL

file.

NFA

2414

D: 20/4/63

WARD

AIS

22/4

FED 9/401/01

6/323149

Saving

From the Secretary of State for the Colonies.

To the Officer Administering the Government of Date 19 July, 1963

NO......

HONG KONG

있는데 고구

From Secy of State.

1231 Saving

Serial Mo...

1731

Regd:

23/4/63

Your savingram No.588 of 22nd March 1963.

Revision of Emergency and Defence Regulations in

HONG KONG

This report indicates very satisfactory progress in the task of revision.

2. It is noted that in Appendix B there is reference to a proposed Public Order_Bill. It is desirable that my adviser's should be given an opportunity to comment on this Bill in draft and before publication.

3. It is suggested that you might find it helpful if the new Emergency (Principal) Regulations were to be forwarded here for comment before they are set up in proof form (paragraph 3(b) of your saving refers).

SECER

9/401/01

6/322119

2715

Enclosure No 160

was missing when filmed.

olic Uru

iven an opportunity (nation.

- find it helpful if the new

forwarded here for

-~h 3(b) of

2414

V- R]

FED 9/401/01

6/3231/9 Hurt 27!

Enclosure No 161 was missing when filmed.

is noted that in appone

ed Public Order Bill.

It is desirable that my

be given an opportunity to comment on this Bill in draft and publication.

I is suggested that you might find it helpful if the new ncy (Principal) Regulations were to be forwarded here for tun in proof form (paragraph 3(b) of

2414

0000730

COPY

..F. 73

‚0,000x100-1/63-B32300

From

Colonial Secretariat

Ref. (3)

in.

GR.LM. B1139/63

Tel. No.

95302

Date

8th August, 1963

MEMO

6/5831/598

216

Hon. Attorney General (Principal Crown Counsel,

To Law Revision)...

Your Ref...

dated

GRAM

Law Revision

Lighting Control Ordinance, Chapter 55,

Further to my Memorandum (2) from this file and to conversation Botelho/Shephard, I regret that a more detailed examination of the Emergency (Principal) Regulations 1949 has 1316 revealed that there is no adequate provision there of the powers

conferred by the Lighting Control Ordinance. This Ordinance should therefore not be repealed until further notice.

2. I am sending a copy of this Memorandum to the Solicitor General (Mr. Hobley) as it has already been agreed that this type of legislation is more appropriately covered in draft Emergency Legislation which is not held in the permanent law but which is rather kept "on Ice" until needed. The requirement for this particular piece of legislation will be kept in mind during the revision of the Emergency (Principal) Regulations which is now in hand.

c.c. Hon. A.G. (Mr. Hobley)

Allophand

(A.J. Shephard)

for Colonial Secretary.

Г.

.F. 73 A

6/3271159

CONFIDENTIA

Deputy Economic Secretary.

L/B1141/63.. ..in.../SP/20011

MEMO

From

Director of Com orce and Industry.

Telephone...

33042

Your Ref:

(2).

.in..

Date 5th Septa ber, 1963.

My Ref:

..(11.)...

Low Revision

Rice Ordinance, Cap. 116

At the present time the Rice Ordinance is entirely

su erfluous. Our somevduat limited powers under the Importation and Exportation (Reserved Com dities) Regulations are suffi- cient to enable us to control the rice truco in normal times, and the Bergency (Principal) Regulations 1949 give us ample scope to deal with any emergency; the powers contained therein are much wider than those in the Rice Ordinance.

I understand, however, that the hergency (Principal) Regulations 1949 will be ropoled in the course of the next year, the intention being that they be kept in a state of readi- ness for or mulgation, in case of need, at vay short notice.

You will appreciate t'at we lave to quarú against two different types of emergency, i.e. that resulting from

(a) civil corretion, au attack on the

Colony, etc.; and

(b) extraneous factors, e.g. civil war or other circumstances denyin the supply of rice from Thailand and other sources of supply in South East Asia.

The powers we need to deal with such chergelcics are those of the requisition, distribution and fixing of prices of rice, such as are presently contained in Regulations 67, 67A and 72 of the Emergency (Principal) Regulations 1949.

Provided that these nowcre vi 11 ro sin availablo to us at short notice, to deal with both types of emergency mentioned above, we have no objection to the repeal of the Rice Ordinance.

(D.J. Farsh)

for Director of Commerce and Industry.

DJI/rd

C.C.

Défonce Secretary

(Attention: A.J. Shephard, Esq.)

5142

6/9/63)*7 ARD LETTER

CONFIDENTIAL

C. & I. 68

2700069

5,000-10/62-B29899

With the Compliments

of the

Director of Commerce and Industry

Fire Brigade Building,

Hong Kong.

file (Emergency heg=).

From: Colonial Secretariat

Той

To: Chief of Staff, H.Q.L.F.

(Commander Leonard) (2)

Copies: Command Land Agent, H.Q.L.F.

Attorney General.

Revision of Emergency and Defence Legislation

Proposed Defence Bill

actic..

Part I

SCR 27/1476/59 1

Notes on a meeting held in the Defence Branch

of the Secretariat on the 6th September.

Present:

Commander Leonard, H.Q.L.F,

Lt. Col. Dean, G.S.0.1. Opé. H.Q.L.F. Mr. Steers, Command Land Agent. Captain Cowley, G.S.0.3./H.Q.L.F. Assistant D.S.

$.0.3

The meeting dealt with Legal Department's memorand 3 in A.G.0. 31/12/50/62 of the 8th August, point by point.

(a) Paras 1 and 2.

It was agreed that the revision of this legislation should proceed as quickly as possible, subject to the comments below.

(b) Para 3.

The Proposed Defence Bill

It was agreed that a more appropriate title would possibly be Defense (Lands) Bill. A.D.S. agreed to take this up with Principal Crown Counsel. All agreed that there was no objection to consolidating in this one Bill the provisions relating to Firing Areas as well as provisions relating to Closed Areas and Frotected Areas.

It was noted that requisitioning powers would probably also be included.

Stonecutters Island Ordinance.

(

It was agreed that provided adequate provision for thr special position of Stonecutters Island was included in the new consolidated Bill, then there was no objection to revoking this Ordinance.

(a) Para 5.

Security Areas Bill.

There was general agreement with Principal Crown Counsel's proposal to incorporate much simpler general provisions for "Frohibited Places and Closed Areas" in the proposed new Defence (Lands) Bill. The former would conform with practice in Great Britain while the "Closed Area" would be a special concession to the circumstances of the Colony.

(d) Para 5. (contd)

Page 2.

G.S.0.1. drew attention to the proposal that authorised guards, who at present have the right to discharge fire arms under the Protected Places Ordinance, would lose that power by the proposed conformity with legal cover in Great Britain, and the revocation of the Protected Places (Safety) Ordinance (Cap 260 "Laws of Hong Kong")

Lt. Col. Dean thought that he should hot confirm the Army's agreement on this point until C.B.F. had been consulted. The A.D.S. pointed out that the normal practice was to have this type of power not in permanent legislation but in emergency legislation, which would not be brought into force except in circumstances of civil unrest etc. The meeting considered the powers granted in this respect under Emergency (Principal) Regulation No.35 which gives such emergency powers though confining them to four specific offences against the Emergency (Principal) Regulations. It was considered that this regulation might have to be given a wider application if the present power to open fire in Protected Places/were to be done away.

It was agreed that subject to further examination of this particular point, the proposed new provision for the security of Military Areas would be satisfactory.

(e) Para 6.

10.

11.

12.

13.

Firing Areas.

A.D.S. regretted that by an oversight copies of the draft provisions to be included in the proposed Defence (Lands) Bill in relation to Firing Areas had not been copied to the Military Authorities. The meeting proceeded further to examine the draft clauses (a copy has now been sent to all addressees).

The draft clauses/were agreed subject to the following comments :

I. Section 5 (i Time Limit on Claims for Compensation.

The Command Land Agent suggested a compromise between the two months and the twelve months suggested by D.C.N.T. All agreed that six months would be a fair limit.

II. It was agreed in respect of the same sub section that claims should be made by giving notice in writing, not to C.B.F., put to Claims Commission, which is empowered to deal with claims on behalf of all three services.

(f) Para 8.

14.

Requisition of Land.

The Command Land Agent confirmed that he thought the period of two years grace which the Military Authorities would have to seek alternative forms of tenure for the lands and buildings held by them under the various Requisition Regulations, which it was now intended to revoke, was acceptable. As far as he could foresee, the only "difficult" piece of property would be Taipo Camp. The meeting expressed general appreciation of and agreement with the need to dispense with the military occupation of land and premises under emergency requisitioning powers.

Fage 3.

2/4941/54

(g) Para 9.

15.

16.

Enemy Properties

The Command Land Agent confirmed that the last of the Japanese property occupied by the Services (i.e. Minden Row) had been relinguished.

It was pointed out, however, that cover for requisitioning under the present Emergency (Principal) Regulations 1949 used the words "in the public interest" as the justification for requisitioning. The Command Land Agent suggested and the meeting agreed that special consideration be given to Military transit needs which might not necessarily be in the "public interest", if by that is meant merely the public interest of the Colony. The A.D.S. agreed to bring this to the notice of the Principal Crown Counsel, and it was suggested that it might be necessary to add "and the interest of the Crown". Part II

17. Immediately following the meeting referred to in Part I of this memorandum, the observations of the meeting were discussed with Frincipal Crown Counsel, Mr. Hopley. following additional points arose:

(a) Firing Areas Ordinance.

The

18. I. D.C.N.T. should be asked for a list of Chinese Festivals affecting the ranges.

19. II. The List of Authorities to be notified of firing practice at present omits the Commissioner of Cooperative Development and Fisheries, who should obviously be included. At the same time, a decision was required on the continuafice of notice to the Royal Hong Kong Yacht Club. It is for consideration whether the other Yacht Clubs now in existance should also be informed of firing practice.

　　Possibly, as the Director of Marine is informed in any case, it should be left to him to inform all the Yacht Clubs of firing practices, in which case there was no need to specify individual notice to the Royal Hong Kong Yacht Club.

20. III. Is the definition of "Ammunition" in Section 6 (ii) sufficiently comprehensive in other words, should we include Grenades and other weapons, Missiles, etc., by specific referencs

21.

I shall be grateful for the early comments of addressees on specific points awaiting resolution, particularly from H.Q.L.F. on the powers of authorised guards.

AJS/jph

9:9:1963:

HI Chepha

(A.J. Shephard)

for Colonial Secretary

Date:

COPY OF A SAVINGRAM FROM THE GOVERNOR,H.K. TO THE SECRETARY OF STATE FOR THE COLONIES

4th September, 1963.

My Reference: CR 2/3011/16

No. 1996

Mr. Creech Jones' Circuler Savingram of

18th July, 1946.

ڑا

Emergency Legislation

　　　　　　　　　In accordance with the request in the last paragraph of the savirgram under reference, I report below the general position for the six months period from 1st March, 1963 to 31st August, 1967.

Defonna Dem-latinna

No Defenna Regula atione TIANA omoctoa AM potrokeA

Auntno thie neniod.

(a)

(b)

Emergency Regulations

No Emergency Regulations were enacted or revoked during this period.

Amendment

The Emergency (Deportation and Detention) (Amendment) Regulations, 1963 (L.N. 81 of 1963) revoked end replaced regulation 3 of the Emergency (Deportation and Detention) Regulations 1962 (G.N. A.50/62) so as to enable a Deportation and Detention Advisory Tribunal to consist either of a President sitting alone or of a President and additional members selected by the President from a panel. provision enabling a President to sit alone has been made owing to the difficulty at times of obtaining members from the panel.

The

}

COPY OF A SAVINGRAM FROM THE GOVERNOR HK TO THE SECRETAR OF STATE FOR THE COLONIES

Date: 11th March, 1961.

My Reference GR 2/3011/6

No. 71,3

Mr. Creech Jones' Circular Savingram of 18th July, 1946.

Emergency Legislation

In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six months period from 1st September, 1963 to 29th February, 1964.

Defence Regulations

(a) No Defence Regulations were enacted or revoked during

this period.

(b) Enactment continued in force

By a resolution made and passed on 18th December, 1963

(L.N.163/63), the Legislative Council extended the duration of the Defence Regulations (Continuation) Ordinance, 1958 (No. 37 of 1958) for the term of one year with effect from 1st January, 196!.

Emergency Regulations

No Emergency Regulations were enacted or revoked during this period.

COPY OF A SAVINGRAM FROM THE GOVERNOR H.K. TO THE SECRETARY OF STATE FOR THE COLONIES

167

Date: 10th September, 1961.

My Reference GR 2/3011/6

No. 2300

Mr. Creech Jones' Circuler Savingram of 18th July, 1946.

Emergency Legislation

In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six months period from 1st March, 1964 to 31st August, 1964.

Defence Regulations

　　　　No Defence Regulations were eracted or revoked during this period.

Emergency Regulations

(a) No new Emergency Regulations were enacted during

this period.

(b) Revocation

By the Prevention of Cholera Regulations, 1938 (Revocation) Order, 1964 (LN. 72/64), the Prevention of Cholera Regulations, 1938 (G.N.430/38) were revoked.

The provisions of these Regulations are now contained, with modifications, in the Food Business By-laws, 1960 (G.N.A. 109/60) made under the Public Health and Urban Services Ordinance, 1960 (No. 30 of 1960).

2600027 C.S. 20 A

X SAI

09109395 stoags

этая

From the Governor, Hong Kong

To the Secretary of State for the Colonies

Repeated to:-

Repeated to

to 15

Date....

March, 1965

My Reference....

GR 2/3011/46

SAVINGRAM

Your Reference..

No.

556

168

No.

Mr. Creech Jones' Circular Savingram of 18th July, 1946.

Emergency Lexislation

In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six months period from 1st September, 1964 to 28th February, 1965.

(a)

(b)

c.c.

(a)

(b)

Defence Regulations

No Defence Regulations were enacted or revoked during this period.

Enactments continued in force

By a resolution made and passed on 23rd December, 1964 (L.N.186/64), the Legislative Council extended the duration of the Defence Regulations (Continuation) Ordinance 1958 (No.37 of 1958) for the term of one year with effect from 1st January, 1965.

Emergency Rezulations

New Regulations enacted

During this period, the Emergency (Bank Control) Regulations 1965 (L.N. 20/65) and the Emergency (Bank Control) (Amendment) Regulations 1965 (L.N. 21/65) were enacted in order to control the circulation of bank notes. The former Regulations provided for a limitation on payments by banks in cash and for the circulation in the Colony of notes issued by the Bank of England. The latter Regulations modified the former by adding thereto a new provision empowering the Commissioner of "anking to require the return of cash held by banks to note-issuing banks.

These regulations were subsequently, a week after their enactment, further modified by the Emergency (Bank Control) (Amendment) (No. 2) Regulations 1965 (L.N. 29/65) whereby the provisions relating to the limitation of payment in cash and the return of cash to note-issuing banks were revoked. The provisions relating to the circulation of notes issued by the Bank of England remained in operation.

During this period, no Emergency Regulations were revoked.

SCR 6/3231/5911

New CR

Jave

2600027 C.S. 20A

From the Governor, Hong Kong

To the Secretary of State for the Colonies

Repeated to:-

Date....... 3

My Reference.....

COPY

SAVINGRAM

September, 1965.

GR 2/3011/46

Your Reference...

No.

2110

No.

169

Mr. Creech Jones' Circular Savingram of 18th July, 1946.

Emergency Legislation

　　　　　　　　In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six months period from 1st March, 1965 to 31st August, 1965.

period.

(a)

(b)

Defence Regulations

No Defence Regulations were enacted or revoked during this

Emergency Regulations

No new Emergency Regulations were enacted during this period.

Revocation

During this period, the remaining provisions of the Emergency (Bank Control) Regulations 1965 (L.N. 20/65), which provided for the circulation in the Colony of notes issued by the Bank of England were revoked by the Emergency (Bank Control) (Revocation) Order 1965 (L.N. 81/65).

c.c. CR 6/3231/59111

From

73C

Ref. (1)

Tel. No.

Date

000733

CONFIDENTIAL

Legal Department.

in AGO 2/3/1250/66.

MEMO

Το

Defence Secretary.

95265.

Your Ref

26th January, 1966.

dated

129

Revision of Emergency Legidation

I have recently made the mistake of looking through some

of our filing cabinets in the department's confidential registry.

One of these cabinets was full of files containing various pieces of draft emergency legislation, most of it prepared 15 years or more age.

You may feel, as I do, that emergency legislation ought to

be brought up to date every decade or so.

5. A

I have tried to gather together into one file

(a) the assortment of emergency regulations,

orders etc which I discovered;

(b)

lists of all emergency rezacions which have been in force any time since the

and the which are in force now.

war,

Tutach this file, AGO 1/3/1250/66 copy 3, for your retention. forward a copy C of a file of emergency draft orders. Armed with this materia), you will now be in a position to undertake that full scale revision of emergency legislation which I am sure has been your ambition for a long time.

CONFIDENTIA

BAIF

Encls (2).

388.A.

9/9/66

(D.T.. Roberts)

Solicitor General.

This shild how bean enclosed in CR 312/64 to whunt

хелок бору

бы Поствий

has now been attached

CONFIDENTIAL

Ans3

26/05/70

JWC

"2600027 C.S. 20 A

From the Governor, Hong Kong

To the Secretary of State for the Colonies

SAVINGRAM

Repeated to:-

Date..........

March, 1966

My Reference.....

GB...2/3011/46.

Your Reference..

No.

497

No.

Mr. Creech Jones' Circular Savingram of 18th July, 1946. Emergency Legislation

In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six months period from 1st September, 1965 to 28th February, 1966.

(a)

(b)

Defence Regulations

No Defence Regulations were enacted or revoked during this period.

Enactments continued in force

By a resolution made and passed on 22nd December, 1965 (L.N. 157/65), the Legislative Council extended the duration of the Defence Regulations (Continuation) Ordinance 1958 (No. 37 of 1958) for the term of one year with effect from 1st January, 1966.

Emergency Regulations

No Emergency Regulations were enacted or revoked during this period.

c.c. CR 6/3231/59111

0000731

RESTRICTED

From Colonial Secretariat

Colonial

Ref. (B) in CR 5/3371/66 Tel. No. 95302

Date 8th June, 1966.

迎

"IN"

MEMO

To Hon. A.G.

Your Ref....

dated

in..

Kowloon Disturbances. April 1966

171

I attach an extract from a memorandum from the Registrar General, in which he raises the question of the possible effect of a curfew on statutory time limits. As far as I am aware this problem has not been considered before, and I should be grateful for your advice as to the most appropriate means of dealing with it - perhaps a set of Regulations under the Emergency Regulations Ordinance would be the answer, a draft to be kept "on ice" for use if and when required?

c.c. R.G. (no encl. your RG 8/24 of

22.4.66 refers)

S.C.R. 64/64 (with encl.)

JWC/mjc

པ་

RES RI

(J.W. Chambers) for Defence Secretary

RESTRICTED

EXTRACT FROM A MEMO. FROM REGISTRAR GENERAL

TO D.C.S.. dated 22nd April 1966.

There is one aspect of the disturbances that has occurred to me but has not so far been mentioned. As you are possibly aware, various aspects of this Department's work involve statutory time limits. For example

(4)

(2)

(3)

If a marriage does not take place within 3 months after the giving of notice of intention to marry, the notice is void and fresh notice is required.

Companies that have created a charge over their property are required to register the charge in the Companies Registry within 5 weeks from the creation of the charge.

Priority of instrments registered in the Land Office depends upon registering instruments within one month after execution.

The foregoing are merely examples, many more of which could be listed if I had the time to do so. These examples will, however, suffice to show how important it might be if members of the public were denied access to the offices of this Department because of civil disturbances. Quite apart from time limits affecting this Department, there are many other time limits that are of great importance. The very technical rules relating to Bills of Exchange spring to mind as an example.

This

　I therefore suggest that if the Governor does not already have power to do so he should now be empowered to declare dates on which civil disturbances take place as dies non for the purpose of any statutory provision. would mean that any person who had left the taking of action to the last permitted day, which he has of course every right to do, would not be prejudiced by circumstances beyond his control and would be enabled to take the action in question on the first day following the last of the dies non declared by the Governor.

Sgd. (W.K. Thomson) Registrar General

RESTRICTED

2600029 C.S. 20C

From the Governor, Hong Kong

SAVINGRAM

172

To the Secretary of State for the Colonies

No.

2066

Repeated to:-

No.

Repeated to:~

No.

Date 3 September 1966

My Reference

GR 2/3011/46

Your Reference

Mr. Creech Jones' Circular Savingram of

18th July, 1946.

Emergency Legislation

　In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six months period from 1st March, 1966 to 31st August, 1966.

Defence Regulations

No Defence Regulations were enacted or

revoked during this period.

Emergency Regulations

　No Emergency Regulations were enacted or revoked during this period.

CC. CR 6/3231/592

/ec

€

G. F. 738

0000732

From

Ref.

Legal Department.

(2) AGO 2/3/1250/66.

Tel. No. 239121 E. 56.

CONFIDENTIAL

MEMO

123

Defence Secretary.

Date

7th September, 1966.

Your Ref

dated

Revision of Emergency Legislation

　　　　Further to the Solicitor General's memo of 26th January, I wonder if you have been able to make any progress on this matter?

FIDENTIAL

MEGI. PA

.6551 DATF. 9/9/6.6.

LETTER

Hopton

(J.E. Hopkinson) Acting Law Draftsman.

CONFIDENTIAL

G. F. 73C

From

0000793

CONFIDENTIAL

Colonial Secretariat

Ref. (174) in CR 6/3231/59111

MEMO

Hon. A.G.

174

95302

(2)

AGO 2/3/1150/66

Tel. No.

Your Ref

Date

4th October, 1966.

doted

7th September, 1966.

Revision of Emergency Legislation

There are really two separate matters which fall under

this heading:-

(a) a review of the emergency legislation now in

force; and

(b) the collection of draft Regulations, Orders, etc. CR 512/04

kept in readiness for use in an emergency.

A good deal of work was done on (a) above early in 1963 and a schedule was prepared of all Emergency and Defence Regulations and other temporary post-war legislation, with proposals for action to dispose of such temporary legislation as far as possible. This schedule was forwarded to this Secretariat under the Attorney General's memorandum (2) in AGO 8/1250/62 dated 12 February 1963, and was sent to the Secretary of State for the Colonies with Savingram no. 588 of 22 March 1966. For a variety of reasons little progress has since been made with the programme set out in this schedule.

Many of the draft Regulations under Cap. 241 and the draft Orders under the Emergency (Principle) Regulations are out-of-date (as is the case with a similar collection held in the Defence Branch) due to changes in defence policy and planning, and I agree that it would be useful to examine them with a view to discarding those no longer required, and amending others where necessary.

I should be glad to discuss at a convenient time, with a view

to deciding how to proceed with these two reviews.

CONFIDENTIAL

0.0.

REGISTRY

4564

5/10/

OUTWARD

SCR 64/64

(J.W. Chambers) for Defence Secretary.

JWC/pf.

CONFIDENTIAL

.....

G.F. 73C

0000733

From

CONFIDENTIAL

Colonial Secretariat

Ref. (83) in

Tel. No.

Date

CR 3285/57

95302

18th November, 1966.

MEMO

To Hon. A.G.

Your Ref (2) in AG08/1250/6211

dated 12th February 1963.

Public Order Bill

Please refer to Appendix 'B' to the draft Savingram enclosed with your memorandum of 12 February 1963.

It appears to have been the intention that the substance of Regulations 25,26,50 and 50A of the Emergency (Principal) Regulations 1949 should be incorporated into the Public Order Bill, as part of the operation to dispose of emergency legislation as far as possible. Regulations 50 and 50A figure as clauses 36 and 37 of the Bill, but Regulations 25 and 26, which provide for the control of placards and other publications containing incitement for violence, do not appear to be included. I am not sure whether this omission is deliberate or due to an oversight; could you please advise whether the Bill should be amended to include the substance of these two Regulations?

C.C.

　III CR 6/3231/591:

✓

J c/pf.

(J.W. Chambers) for Defence Secretary.

CONFIDENTIAL

175

G.F. 73A

0000731

From

Colonial Secretariat

Ref. (159) In Biel 6/4941/49

MEMO

Headquarters, Land Foroes

Tel. No.

95302

Your Ref.............

in.

Date

20th December, 1966.

dated

Castle Peak/la Tsuon Range

　There is still in existence an Order (copy attached) known as the Emergency (Requisition) (Use of Land by lis lajesty's Military Forces) (No. 2) Order, 1950, which authorises the use of the "ia Tsuen Firing Range" as a practice field firing range from 1st December to 31st March each year.

　As you will see this Firing Area covers only part of the present Castle Peak Range (Firing Area 'D' of the Defonoes (Firing Areas) Ordinance (Cap.196). As far as I oan see from our files the original Castle Peak range was much smallor and covered only the southern part of the present range. In 1958 the schedule to Cap.196 was amended to enlarge the Castle Peak range so as to include the more northerly lla Tsuen range referred to in para.l above. It would appear that once this was done there was no longer any requirement for the 1950 Order, but it has never been rescinded.

Fe are now trying to dispose of as much as possible of our ener- gonoy legislation, and I should be grateful if you could confirm that this Order is no longer required.

o.G. Hon. A.G. (Mr.Airay)

CR 6/3231/59 III ✓

BUW/pf.

(J.W. Chambers) for Defence Secretary.

0000730

G.F. 73

From........

Ref.(20)

Tel. No.

Date

..in.

Legal Department.

1/1905/66

239121 E. 28.

MEMO

To.

Hon. Colonial Secretary.

CAS

SOROTIAL

30th December, 1966.

Your Ref 09. ..in..

CR 312/64

dated

23rd December, 1966.

Kowloon Disturbances, April 1966

I regret the delay in dealing with your memo under reference. The most appropriate means of dealing with the effect of curfew on statutory time limits appears to be the preparation of a set of regulations to be made under the Emergency Regulations Ordinance and to be kept "on ice" as you suggest. I understand that Mr. Airey of the Drafting Section is examining the entire position under the Emergency Regulations Ordinance with a view to framing various Regulations to cover other matters, and no doubt he will be in a position to help you if it is decided to adopt the course you suggest.

FECISTRY

$207

31/12/66

DATE. 3.

INWARD LETTE

(P.F.X. Leonard)

Assistant to the Law Officers.

1 DEC 1966

G.F. 73C 0000733

ADS(1)

CONFIDENTIAL

Colonial Sowetoriat

MEMO

To Ikm. Attorney General.

From

Ref. (90) in

Tel. No.

Date

0.3295/57

95302

Your Ref

20th January, 1967.

dated

ACC/4/1250/630

25th November 1966.

Public Order Dill.

I have consulted the Comdesioner of Police and we are now agreed that clauses 4:7 and 12 (1) should be amended as you propose, and that the new clause 53 (5) should be inserted. It is also agreed that the substance of res. 25 and 26 of the baryongy (Principal) Regulations should not be included in the Bill. I should be grateful if you would anand the stencils of this ill accordingly.

Clause 33 (6)

could the reference to the Prisons

Department (ry mero (79) in this file, a 22nd August 1966 - para. 1(b)) please be added?

c.o. Commissioner.

CR 6/3231/59

JWC/mb

"Police

(J.. Chambers) for Defence Recretary

CONFIDENTIAL

178

G.F. 73C 0000733

CONFIDENTIAL

Colonial Secretariat

MEMO

To Commissioner of Polico

From

Ref. (179) in

CR 6/3231/591II

Tel. No.

95302

Your Ref..

Date

25th January, 1967.

dated

Energency (Principal) Pegulations. 199.

It is agreed policy that Emergency Legislation in force should be reduced as much as possible, and with this ein in view, I am now conducting a review of the above Regulations in con- junction with the Legal Department. Briefly our aim is to deal with these Regulations as follows:-

(a) Populations for which a permanent nood (as omposed to an emergency nced) exists, will be incayorated in ordinary permanent legislation;

(b) Regulations which would be needed in on exergency only will be rescinded and kept "on ico", realy to be cracted at very short notice if and when required;

As a first step I have been through those of the Emergency (Principal) Ropulations, 1949, which are actually in force, and the following table shows the action proposed in respect of each Regulation.

Regulation

Subfoot

Wireless Telegraphs etc. (anended by GHIA 174/50)

Posting placards etc.

Publications may be prohibited

Special Areas

Action rooned rescind, as tho povers provided are covered by the "elecommunications Ordinance 1962.(subject to com'irmation by HIG)

this is covered by the Public Order Bill; this Regulation should be ros- cinled vähen the ill is enacted.

rescind and koep "on ice".

now that "Langer Areas" aro no longer planned, this "opulation can pre- surably be rescinded.

CONFIDENTIAL

318

2411168.

OUTWARD

LETTER

CONFIDENTIAL

...2/

179

CONFIDENTIAL

Transfer of persons in

custody

Restriction ardemu

Further detention after

50A

67A

15 2 8

altout or detention under Regulation 29

Entry and departure of aldpa and aizcraft

Power to detain vensola

adraret etc.(an 11/58))

Tradition of myply of fual, victual: etc.

Control of territorial

and colonial waters

(CRIA 174/50)

Control of roads and travel etc. (GHA 174,/50)

Powers to stop and search: velicles etc.(CTA 174/50)

Requisition of property other than lend (amended by (#IA 103/52)

Power to commandeer pro→ perty other then land (CIA 171/50)

A pplication of Coupen sation (Defence) Regul-

ationa

Publicity of arðars

Affiẳng of notices

Identification of per-* sons in custody

Powers of entry and search eta.

resoind and koop "on 100".

rosaini and hoop "on ice".

resaini and keep "on loe". (eg. 29 is not in fo100)

will be covered by Public Qrðør Mill; rescind vben Rill becomes low

rescind and kop "on 100'

covered by clause 36 of

Public Order Bill;

rescind when Bill be- Coues law

covered at least part- ially by oad Traffic Ordinance and relations and Public Ordar 411; possibly rescind when 1111 beoxies law?

reaci? and oop "on ico".

roscini and koop "on 106".

rescind and keep "on ice".

regain and koop "an

retain until all other Pegulations have boon renaudod; then ros- aind and keep "on ice",

CONFIDENTIAL

109

Injury to property

largely covered by Public Order 111 and other logislation; nay be rescinded?

117

Offensive teapons

118

119

120

124

125

126

131

132

Consorting with person carrying arms, ato.

Failure to report offence of carryday; arım, oto.

Consorting with persons wooring unwithorised uniforms, etc.

Certain offences in Closed Areas, etc.

Interference with and damage to auszurdications eto.

Power to prescribe organisation

Offences by acrporation

Alteration of licences etc.

rescind and koop "an 100"

rescind and koep "an 100".

rescină anî koen "on 100".

rescini and "keep on 100".

no longer required?

covend by other løgia-s lation; may be reo- cinded (Of Leg. 109)

rocini and "keen on 100*.

133

Attentp to committ

offence etc.

134

Kallity for offenceE

135

Obtaining nasession etc.)

136

General penalties

137

Coachcement

retain until all other Regulations have boen recalled; then rescind and "koep on 10e".

I should be glad to know whether you soo any objection to the action proposed in respect of the various "egulations; in particular I should be grateful for your views on the need to keep Regulations 58, 109, 124 and 125. I should be gled to discuNG if you feel that this would help.

CONFIDENTIAL

...4/

CONFIDENTIAL

مبا

The Tequilations not listed above have never been brought into force, and consideration of then is being defared for the time being.

0.0. Ilon. Attorney General (Attni lir. Airey)

(T.W. Charibers) for hedance ocratary

Hote: These l'egulations can be found at GNA 277 in the 1949 Volume of Regulations; where a "egulation van subse nently added, replaced or substantially amended, the QA number is given in brackets after the mibjoot.

JK0/mb

CONFIDENTI

G.F. 73C 0000733

From

CONFIDENTIAL

Colonial Secretariat

Ref. (180) in CR 6/3231/59111

Tel. No.95-302

27th January, 1967

Date

MEMO

To P..G. Το

Your Ref

in.

dated

Dhor-onov (Principal) Rozulations, 1949

(GNA_277/49)

Regulation 21 of the above legulations, as amended by GA 174/50, rolates to the control of wireless Telegraphy, and was brought into operation on 14th August, 1950 (GNA 182/50); you wore dosignated a ço petent authority for the purpose of this Regulation on the same date (GIÀ 183/50).

It appears however that the powers conferrod by this lcgulation are covered by the Telecommunications Crdinance 1962 and that legulation 21 may therefore be revoked, would you please confirm that this is correct?

SEPTLY

368

311167

LETTER

(J.M. Chambers) For Defence Secretary

0.0. Hon. A.G. (lir. Airey)

CONFIDENTIAL

G.F. 738

0000732

Postmaster General

CONFIDENTIAL

MEMO

Defence Secretary

From

Ref. (5)

PMG. D.1

Tel. No.

224465

Date

4th February, 1967.

Your Ref 180 in

III

CR 6/3231/59

dated

27.1.67

Emergency (Principal) Regulations, 1949

GNA 277/49)

It is agreed that Regulation 21 of the above Regulations may be revoked, subject to Hon. A.G.'s concurrence, since the terms used and penalties appear to be out-of-date and the powers conferred are covered by the Telecommunications Oranice, 1962.

c.c. Hon.

(Mr. Aires)

RVTJ:YE

ཟླཝ་རྭ་-་?

RU Balbo Yours

(R.V. Talbot-Jones)

p. Postmaster General

CONFIDENTIAL

REGISTRY

953

4/2/67

APR LETTER

2600027 C.S. 20A

SAVINGRAM

From the Governor, Hong Kong To the Secretary of State for be£atootx

Commonwealth Affairs

448

No.

Repeated to:--

Repeated to:-

No.

Date.........

My Reference....

Murch, 1967. GR 2/3011/46

Your Reference....

July, 1946.

Mr. Creech Jones Jircular Savingrum of 18th

mergency Legislation

In accordance with the request in the last purugraph of the savingram under reference, I report below the general position for the six months period from 1st September 1966 to 28th February 1967.

Defence Regulations

(a) No Defence Regulations were enacted or revoked

curing this period.

(b) actments continued in force

By a resolution made and passed on 21st December 1966 (L.N. 94/66), the Legislative Council extended the duration of the wefence Regulations (Jontinuation) Ordinance (Cap. 309) for the term of one year with effcct from 1st January 1967.

*mergency Regulations

No ...mergency Regulations were enuated or revoked during this period.

C.C. CR 6/3231/59

/ec

G.F. 81

0000810

1,00000-9/64-B45328

From............

Colonial Secretariat

Ref. (183)...in.

CR 6/3231/591II

Tel. No.

95.30.2...

Date

23rd March, 1967.

MEMO

183

To..............

Commissioner of Tolice.

Your ..................... ...

dated

Energency (Principal) Regulations 1949.

I refer to my ( 179 ) in.....CR.6/3231/591

25th January,..1967, and should be grateful if you would advise me of the

present position.

C.C.

(J.". Chambers)

for Defonce Secretary

}

0000820

G F. 82

File No.

LM. 16/67. C. R6/3231/59.

185

Page

from Ag. Fittorney-General, dated 21667

(unno.) fion.

D.C.S.,

M.! м.

A and B (less the Trade Union stuff) have now been made NFAN,

M. Z

D.S. (Intd.) P.B.W. 26/6

CONFIDENTIA!

(Intd.) M.D.I.G.

24/6/67

(Intd.) G.C.H. 24/6.

for 276

G.F. 73E 0000735

From

Ref.

CONSECREHAL URGENT

Ag. #ttorney General

MEMO Duphajadeed inter

y DS.

with perigo

J. Cater, Esq.,

P.A. to HE The Governor,

Tel. No.

Date

95255

21st June, 1967.

Des

AT-B (LESS ARE Frade Union stuff) have now then made.

حيرة

า

2476

bare 1/6

NEAN.

Your Ref

10. CR 6/3231/19

dated

EMERGENCY REGULATIONS CONCERNING INTIMIDATION

all 24/17

As I mentioned at Government House this afternoon I am now forwarding Emergency (Prevention of Intimidation) Regulations 1967 marked A, Emergency (Prevention of Intimidating Assemblies) Regulations ≥ 1967 marked B, and further Regulations covering Police supervision for people who are intimidating marked C. It is probably desirable now to combine all these into one set of regulations, and this presents no problem from our point of view.

The Regulations marked A create a criminal offence of intimidation which should be comparatively easy to prove. It is taken directly from the Legislation of another ex-Colonial territory, and includes such forms of intimidation as persistently following someone about. It is also made an offence to organise any form of intimidation by other people.

The Regulations at B are concerned with intimidating crowds which have been so much a feature of workers' protests recently. The offence created is that of being part of what is called an intimidating assembly, and there is no need to prove that the person himself was acting in an intimidating manner. Again, the Regulations strike at those who organised such crowds from the background, as for example, where a man summons people to a protest meeting by the use of a loudhailer without himself actually joining the meeting.

In both sets of Regulations, A and B, provision is made for imposing vicarious liability on officials and others concerned in the management of trade unions where it is their members who are intimidating or taking part in crowds which intimidate. These provisions have been included for the sake of completeness but it may well be that you will not wish to enact them at this stage.

The Regulations at C provide a system whereby persons being intimidated may report the fact secretly to any one of a selected group of public officers. This officer will investigate the matter and furnish a report to HE, who would be empowered to make a Police supervision order for a limited period. It is appreciated that the Police may not be able to enforce the order in a number of cases. But the very fact that the individual goesground achieves part of the object in that he is no longer around to carry out the more obvious forms of intimidation. Further-more once he goes into hiding people who have been intimidated may pluck up courage and come forward as witnesses.

CARE

SAFE

REGISTRY

No.304.....

96-6-67

AWARDS

ETTER

Contd. . 2

...

SECRET CONFIDENTIAL

I have prepared a list of senior officers in various Government Departments who might be appropriate as investigating officers under these Regulations. A decision on this can perhaps be taken as soon as it is decided the time has come to enact these Regulations.

Grahan Sueath.

(G. R. Sneath)

Ag. Attorney General.

GRS:dc Encls.

c.c. Hon. C.S.

D. S.desy

C.P.

is copy destroyed.

SECRET

CONFIDENTIAL.

(x)

Citation.

EMERGENCY REGULATIONS ORDINANCE

(Chapter 241).

Emergency (Prevention of Intimidation) Regulations 1967.

In exercise of the powers conferred by section 2 of the Bergency Regulations Ordinance, the Governor in Council has made

the following regulations -

1. These regulations may be cited as the Emergency (Prevention of Intimidation) Regulations 1967.

Interpretation.

2. (1) In these regulations -

"building" includes the whole or any part of any domestic or public

building, arch, bridge, chimey, dock, factory, garage, hangar,

hoarding, office, pier, shelter, shop, wall, warehouse, wharf,

workshop or other structure whatsoever;

"intimidation" means any intimidation whatsoever which amounts to

an offence under regulation 3 of the Criminal Intimidation

Ordinance;

"officer", in relation to a trade union or a trade union federation,

kas the meaning that it has for the purposes of the Trade Union

Registration Ordinanse;

"office-bearer", in relation to a society, has the meaning that

it has for the purposes of the Societies Ordinance;

"pluse" means any place whatsoever, whether or not the publie has

access thereto as of right;

"society" has the meaning that it has for the purposes of the

Societies Urdinance;

"trade union" has the meaning that it has for the purposes of the

Trade Union Registration ordinance;

"trade union federation" has the meaning that it has for the

purposes of the Trade Union Registration Urdinance.

Intimidation. ✓

Any person who, without lawful excuse, the proof whereof

lies on bim

(a) does or says anything, or behaves

anner, or atters

or distributes any publication, which is likely to or

might make some other persoa apprehensive as to what say

happen

(1)

to such other person or to any meuber of the family

er any dependant of such other person;

(ii) to any property, business, undertaking or interest

of such other person or of any member of the family or

dependant of such other person;

(iii) to any building or place occupied by such other

person or by any member of the family or my dependant of

such other person; or

(iv) to any business or undertaking in which such other

person or any member of the family or dependant of such

other person is employed;

(b) does or says anything, or behaves in a manner, which is

likely to or might compel or induce seze other person

to do anything which such other person is not legally

obliged to do or counsels some other person to do any

such thing;

likely to or might compel or induce some other person to

refrain from doing anything which such other person is

legally entitled to do or counsels some other person to

refrain from doing any such thing;

(d) watches or besets any building or place or the approaches

to any building or place; or

(●) persistently follows some other person about from place

to place,

shall be guilty of an offence and shall be liable -

(i) on conviction on indictment, to imprisonment for five years;

and

(11) on summary conviction, to a fine of five thousand dollars

and to imprisonment for two years.

Directing,

organizing, etc.

intimidation.

Any person whe directs, organisea, arranges, encourages, counsels, causes, procures or commands any intimidation shall be

guilty of an offence and shall be liable -

(a)

on conviction on indictment, to imprisonment for five years; and

(

(b) on summary conviction, to a fine of five thousand dollars

and to imprisonment for two years,

Liability

of officers

etc. of

　　trade unions and societies in certain

Where

(a) any member of or person employed by, or any agent of, a

trade union or society; or

has

(b)

any member of a trade union which is comprised in any trade union federation or any person employed by or any agent of a trade union federation,

(1) committed an offence under regulation 3 of the Criminal

Intimidation Ordinance; or

(ii) committed an offence under regulation 4,

every officer, and every other persen taking part or assisting in the management, control, direction or administration, of such trade union or trade union federation, or every office-bearer of such society, as the case may be, shall be guilty of an offence under

regulation 4 and shall be liable to the penalties prescribed therefor unless he shows that the trade union, trade union federation or society had taken all practicable steps to discourage and prevent the commission by its members or such persons of offences under regulation 3 or 4 or the Criminal intimidation urdinance.

Evidence as to officers of trade union, etc.

5. (1) In proceedings for an offence under regulation 4

against an officer, or other person taking part or assisting in the

management, control, direction or administration, of a trade union

or trade union federation, or against an office-bearer of a society,

any newspaper or other publication containing a statement that the

defendant is such an officer, person or office-bearer, as the case

may be, shall be admitted in evidence without further proof on its

production by the prosecution.

(2) Where a wspaper or other publication is so admitted in

evidence, such statement shall, until the contrary is proved, be

sufficient evidence that the defendant is an officer, or other person

taking part or assisting in the management, control, direction or

administration, of the trade union or trade union federation or is

an office-bearer of the society, as the case may be.

Evidence of

views expressed by trade union,

etc.

† 7. (1) In proceedings for an offence under regulation 4

against an officer, or other person taking part or assisting in

the management, control, direction or administration, of a trade

union er trade union federation, or against an office-bearer of a

society, the prosecution may in rebuttal tender a newspaper or other

publication containing any relevant material showing or tending to

show what views have been expressed by or on behalf of the trade union,

trade union federation er society in relation to any matter arising

in such proceedings.

(x)

(2) Where a newspaper or other publication is so tendered by

the prosecution, the court shall admit the same in evidence without further proof, and, unless the contrary is provided, it shall be sufficient evidence that such views have been so expressed.

Powers of police officers.

B. (1) Any police officer of or above the rank of inspeeter, with the assistance of such other police officers as may be necessary

Awm

(a) enter and search any building or place if he knows o

has reason to suspect that an offence under these regulations

is being or has been committed therein or that there is therein any evidence of the commission of an offence under these regulations;

(b) step, board and search any vessel or stop and search; any

vehicle if he knows or has reason to suspect that there is therein any evidence of the commission of an offence under these regulations; and

appears to him to be or to contain, or to be likely to be

or to contain, evidence of the comission of an offence

under these regulations.

(2) Any police officer ma

(a) break open any outer or inner door of any building or

place that he is empowered by these regulations to exter

and search;

(b) remove by force any person or thing obstructing any

search, seizure, removal or detention that he is empowered

by these regulations to makej

(e) detain any person found in any building or place that he is

empowered by these regulations to search until the same

has been searched; and

(d) detain any vessel or vehicle that he is empowered by these

regulations to search until the same has been searched.

Obstruction

of police officers.

Any person who obstructs any police officer or any police

officer assisting a police officer, in the exercise of any power

conferred on him by these regulations shall be guilty of an offence

and shall be liable on conviction to a fine of five thousand dollars

and to imprisonment for two years.

Temporary modification of Police Supervision Ordinance.

(Cap. 224.)

10.

During the continuance in force of these regulations, the

Police Supervision Ordinanse shall apply as if, in addition to the other offences specified therein, the First Schedule to that Ordinance specified an offence under regulation 3 or 4 of these regulations.

Saving.

11. Nothing in these regulations shall derogate from or in any way restrict or affect any power conferred on any police officer by or under any other law or the operation of any other law.

[

Citation.

EMERGENCY REGULATIONS ORDINANCE.

(Chapter 241).

Emergency (Prevention of Intimidating Assemblies)

Regulations 1967,

In exercise of the powers conferred by section 2 of the Energency Regulations ordinance, the Governor in Council has made the following regulations

1. These regulations may be cited as the Emergency (Prevention of Intimidating Assemblies) Regulations 1907.

Interpretation.

In these regulations

✓

"building" includes the whole or any part of any domestic or public

building, arch, bridge, chimney, dock, factory, garage, hangar, hoarding, office, pier, shelter, shop, wall, warehouse, wharf, workshop or other structure whatsoever;

"officer", in relation to a trade union or trade union federation, has the meaning that it has for the purposes of the Trade Union Registration Ürdinance;

"office-bearer", in relation to a society, has the meaning that it

has for the purposes of the Societies Ordinance;

"place" means any place whatsoever, whether or not the publie has

access thereto as of right;

"society" has the meaning that it has for the purposes of the

Societies Ürdinance;

"trade union" has the meaning that it has for the purposes of the

Trade Union Registration Ordinance;

(10.)

"trade union federation" has the meaning that it has for the purposes

of the Trade Union Registration Ordinance,

Intimidating✓

assembly.

3. (1) Where there is an assembly of three or more persons and any person in such assembly does, says or chants anything, or behaves in a manner, which is likely to or might alarm or intimidate some other person or make some other person apprehensive

to what

may happen to him or any other person or give some other person ground for apprehending that a breach of the pease may take place, the assembly shall be an intimidating assembly.

(2) Any person who takes part in an intimidating assembly, or,

whether or not he does, says or chants any such thing, or behaves in

any such manner, as is specified in paragraph (1), forms part of or

joins an intimidating assembly, shall be guilty of an offence and shall

be liable

(a)

on conviction on indictment, to imprisonment for five years }

and

(b) on summary conviction, to a fine of five thousand dollars

and to imprisonment for two years.

Organization

✓

intimidating

assembly.

counsels

Any person who directs, organizes, arranges, encourages,

causes, procures or commands assembly of three or more

which is er becomes an intimidating assembly under these regulations

shall be guilty of an offense and shall be liable -

(a)

on conviction on indictment, to imprisonment for five years;

and

(b) on summary conviction, to a

on summary conviction, to a fim of five thousand dollars

and to imprisonment for two years.

Liability

of officers etc. of trade

unions and societies

in certain

Where

(a) any member of or person employed by, or any agent of, a trade

union or society; or

(b) any member of a trade union which is comprised in any trade

union federation or any person employed by or any agent of

a trade union federation,

　　　　Evidence as to officers of trade

union, ete.

or 4

has committed an offence under regulation 34 every officer, and every

other person taking part or assisting in the management, control,

direction or administration, of such trade union or trade union

federation, or every office -bearer of such socity, as the case may

be, shall be guilty of an offence under regulation 4 and shall be

liable to the penalties prescribed therefor unless he shows that the

trade union, trade union federation or society had taken all practicable

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　itsTM steps to discourage and prevent the commission by the members or such

persons of offences under regulation 34 or 4,

The Case may be.

6. (1) In preceedings for an offence under regulation é against

an officer, or other person taking part or assisting in the management,

control, direction er administration, of a trade union or trade union

federation, or against an office-bearer of a society, any newspaper or

other publication containing a statement that the defendant is such an

officer, person or office-bearer, as the case may be, shall be admitted

in evidence without further proof on the production by the prosecution.

(2) Where a newspaper or other publication is so admitted in

evidence, such statement shall, mtil the contrary is proved, be

sufficient evidenes that the defendant is an officer, or other person

taking part or assisting in the management, control, direction er

administration, of the trade union or trade union federation or is

an office-bearer of the society, as the case may be.

kvidence of views expressed by trade union,

etc.

7. (1) In proceedings for an offence under regulation 4

against an officer, or other person taking part or assisting in the

management, control, direction or administration, of a trade union or

trade union federation, or against an office-bearer of a society, the

prosecution may in rebuttal tender a newspaper or other publication

containing any relevant material showing or tending to show what views

have been expressed by or on behalf of the trade union, trade union

federation or society in relation to any matter arising in such

proceedings.

(2) Where a newspaper or other publication is so tendered by

the prosecution, the court shall adnit the same in evidence without

further proof, and, unless the contrary is provided, it shall be

aufficient evidence that such views have been so expressed.

　　　　　　Povera police officers.

8. (1) Any police officer of or above the rank of inspector, with the assistance of such other police officers as may be necesas

necessary

་

ро

may

(a) enter and search any building or place if he knows or has

reason to suspect that there is therein any evidence of the

comission of an offence under these regulations;

(1*.)

(b) stop, board and search any vessel or stop and search any

vehiclem if he knows or has reason to suspect that there is

therein any evidence of the commission of an offence under

these regulations; and

(e) seise, remove and detain any thing which is or contains of

appears to him to be or to contain, or to be likely to be or

to contain, evidence of the commission of an offence under

these regulations.

(2) Any police officer may

(a) break open any outer or inner door of any building or place

that he is empowered by these regulations to enter and

search;

(b) remove by forse any person or thing obstructing any search,

seisure, removal or detention that he is empowered by these

regulations to makej

(e) detain any persen found in any building or place that he

is empowered by these regulations to search until the sans

has been searched; and

(d) detain any vessel or vehicle that he is empowered by these

regulations to search until the same has been searched.

　　　　　Obstructien of police officers.

Any person who obetruete any pelice officer, or any police

officer assisting a police officer, in the exercise of any power

conferred on him by these regulations shall be guilty of an offence

and shall be liable on conviction to a fine of five thousand dollars

and to imprisonment for two years.

Temporary modification of Police Supervision Ordinance.

| (Cap. 224.)

10. During the continuance in force of these regulations, the

Police Supervision Ordinance shall apply as if, in addition to the other

offences specified therein, the First Schedule to that Ordinance specified

an offence under regulation 3 or 4 of these relations.

Saving.

✓

11. Nothing in these regulations shall derogate from or in any

way restrict or affect any power conferred on any police officer by

er under any other law or the operation of any other law.

(Ca

EMERGENCY PREVENTION OF INTIMIDATION) REGULATIONS.

PART II.

Interpretation. 1.

　　　　Complaint of intimidation,

In this Part -

"complainant" means any person who is a victim of intimidation

or who has knowledge of intimidation,

"intimidation" means any intimidation which amounts to an

offence under regulation 3 of the Energency (Prevention of Intimidation)

Regulations or the Criminal Intimidation Ordinance;

officers,

"investigating officer" means any of the following public

2. (1) Any person who is or has been the victim of intimidation

who can give any information concerning the same may make a complaint to

an investigating officer.

(2) The investigating officer shall thereupon explain to the

complainant the purpose of the regulations in this Part, that no recommen-

dation may be made by him until he has satisfied himself by interviewing

not less than two complainants that intimidation has been taking place,

and that information given to him is required by these regulations to be

treated as confidential and not divulged save for the purpose of these

regulations.

Investigation of complaint.

An investigating officer shall, with the assistance of such other public officers as he may think fit, investigate any complaint made to him under regulation 2 with a view to determining whether or not he ought to recommend that a police supervision order be made under these regulations

against any person:

Provided that he may, with the consent of the complainant, refer the matter to another investigating officer,

Secrecy.

(IK:)

No investigating officer or other public officer shall divulge

to any person or to any court or magistrate any information, including

the name of any complainant, which comes to his knowledge as a result

of a complaint made to him or an investigation made by him under these

regulations.

ecommendation by investi-

gating officer.

And

Where an investigating officer has carried out an investigation

under regulation 3 into two separate complaints, is satisfied that the

complaints are true and that a police supervision order should be made

against the person who is the subject of the complaints, he shall submit

a recommendation to the Governor setting out the grounds on which he

considers that such person should have a police supervision order made

against him in order to prevent him intimidating either a complainant or

some other person.

Governor may make police supervision order.

6. (1) Having considered any recommendation made under regulation 5,

the Governor may make a police supervision order for a period not

exceeding six months against any person whom he is satisfied has been

intimidating any other person,

(Cap. 224.)

(2) An order made under paragraph (1) shall be deemed for all

purposes to have been made under section 3 of the Police Supervision

Ordinance.

DESPATCH

XXXXX

Commonwealth Affairs

27th September, 1967.

(95) inGR.2/23012/46

Mr. Creech Jones' Circular Savingram of 18th July, 1946.

Amergency Legislation

In accordance with the request in the last paragraph of the savingram under reference, I report below the position for the six months period from 1st March 1967 to 31st August 1967.

(a)

(b)

(e)

(a)

Defence Rezulations

No Defence Regulations were enacted or revoked during this period.

Emergency Regulations

New Regulations enacted

During this period the following were enacte: 1-

The Emergency (Courts) Regulations 1967 (L.N.79/67) which empower the Chief Justice, a District Judge or a magistrate to exclude the public from a court.

The Emergenov (Prevention of Inflammatory peaches) Regulations 1967 L.N.80/67) and the Raergency Prevention of Inflammator Posters) Regulations 1967 (L.N.83/67), which enable Government, where necessary, to take effective action against vocal and written incitements to violence and law-breaking, attempts to spread disaffection and to undermine the loyalty of the Police Fores and the Public Service, and to stir up ill-will in the community.

The Emergency (Prevention of Intimidation) Regulations 1967 (LeX. 98/67) which, by introdueing a much more comprehensive offence of intimidation and a new offence of intimidating assembly, strengthen the law so sa to enable Government to combat intimidation more effectively.

The Emergency (Closed Areas) Regulations 1967 (L.R.29/67) which empower the Governor to declare any building or area to be a closed area in order to protect the security of premises used in the provision of essential services and thus to ensure the maintenance of such services in the public interest.

DESPATCH XXXXXX

for Commonwealth Affairs

(*)

(r)

(8)

(m)

ཚུ

(1)

(11)

(111)

The Emergency (Closed Areas) (North Point Power Station) Order 1967 (L.N.100/67) the narrency (Closed Areas (Hok Yuan Tower ́tation) order 195 (CL.ki.101/67) and the Serrancy Closed Areas) (iong Kong Tramways Kai ted

Depot Workshops and elfere Centre) Order 1967 (L.M.107/67), which respectively declared the areas Lɛ which

The North Point Power Station of the Hong Kong Electric Company Limited ;

The Hok Yuen Power Station of the China Light and Power Company Limited; and

the Tramways Depot and workshops and the Telfare Centre of the Hong Kong Tramways Limited,

were situated to be cloned areas.

The Emergency (Public Tealth and Urban Services Örviinance) (Amendment) Regulations 1967 (L.N.109/67), which amended reotion 124(1) of the Public Health and Urban Services Ordinance to provide that the authority any dispose of the human remains of my person if they are not removed from a mortuary within forty-eight hours after a claim to possession thereof has been made.

The Emergency (Committes or Revier) Rulos 1967 (L.N.119/67) which established the administrative procedure necessary for the functioning of Committees Review appointed to receive and make recommendations on objections against detention orders unier regulation 31 of the mergency (Principal) Regulations.

The Emergency (Frdnoipal) (¿menda:ut) Rezulations 1967 (L"M"131/67) and the Emergency Erincina?) I(mendment)}) (No.29) Regulations 1967 (LH.10/67), which amended the Emergency (Erinsipal) Regulations in the manner specified in sub-paragraph (2) below.

Four Emergency (Principel) Regulations (Comm: nomment) Orders which brought into operation various regulations of the Emergency (Principal) kegalstions details of a hich are specified in sub-paragraph (3) belove

DESPATCH

XXXXXXXX

Commonwealth Affairs

-3-

(2)

(a)

(b)

(a)

(•)

(f)

Anerdments

The Emergency (Principal) Regulations were amended by the Emergency (Frincipal Amendment) Regulations 1967 (L.M.111/67) in the following sonner -

Regulation 41 was revised to widen the powers of police officers to enter premises to search for and seize ar:s, ammunition, explosives, offensive weapons, corrosive substances, and anything which is intended or adapted or which can be adapted for use for an unlawful purpose.

Regulations 87 and 88 were amended so as to extend their operation to all offences under emergency regulations.

Regulations 118 and 119 were amended so that they extend not only to arms, ammunition and explosives, but also to offensive weapons.

New regulations 100A and 1008 were added to provide for the use of force in exercise of porers, the degree of force so used and and indemnity.

New regulations 119A, 119 and 119C erc nided to create three new offences, namely -

(1) frequenting or being found in or l: nving preniens

containing arms, offensive weapon., etc;

(ii) Being found in or leaving premiacs to ich authorised

officers were denied socess; and

(iii) possession of corrosive substance.

(111)

Regulation 2 was amended by the insortion of new and revised definitions of "corrosive substance", "explosive substance" and "offensive weapon".

The now regulations referred to in (d) and (●) above were brought into operation on the day of their enactment,

The Emergency (Principal) Regulations were further amended by the Imerrency (Principal). (Amendment) (No.2) Regulations 1967 (L.N.120/67.)

གཙགན

xxxxxx

Commonwealth Affairs.

XXXXX

Regulations 117 and 118 were amended so as to provide specifically that the offences thereby created are indictable. A new regulation 136A was alded which emporern District Juiges to impose sentances in excess of five years (the limit) imposed by the District Court Ordinance) in the case of offences against the Regulations.

The now regulation 136A was also brought into operation on the day of its enactment.

(3)

Regulations of Faergency (Frincipal) Regulations brought into oneratica

During this period regulations of the mergency (Frincipal) Regulations specified in the first column of the following Table were brought into operation by Orders sp-cified in the

thiri column thereof.

Regulation

(except paras.(2) & (3))

R A 3 * 2 *

TABLE.

Subject Hattor

Dissemination of false report:.

Arrest and power to detain

auspected persons.

Arrest of persons auspected of

being liable to detention

Power to order detention

Power to search for and saise

weapons, ets.

Trials may be in camera (Not used to date)

Order for the opening and closing of premises

Identification

Order declaring couzenoement

"mergency (Principal) Regulations (Commencement) Order 1967 (L.N.108/67)

Emergency (Principal) Regulations (Commencement)

(No.3.) Order 1967

Fergency

orge (Frincipal) Regulations (Commencement) Order 1967 (L.N.108/67)

DESPATCH

XXXXXX

Commonwealth Affairs XXXXXXXXIX

Regulation

100A

1003

107

113

-50

Subject Matter

General provision as to 130 of force in exercins of

Degree of force which may be used and indemnity

Powers to 1isperse asucublica

Order declaring

commencement

Emergency (Principal) Regulations (Commencement) (No.2.) Order 1967

(IN.112/67).

Faergency (Principal) Regulations (Commencement) Order 1967 (.N.108/67).

119A

1198

129C

Obstruction

Persons frequenting or found in premisos scntətring arms, offensive weapons, etc. to be guilty of offence.

Persons found in premises to which authorised offiser

denied access to be guilty of offence.

Possession of corrosive

cubstance.

Energency (Principal) Regulations (Commencement) (No.2) Order 1967

(L.N.112/67).

127

Meetings.

129

Sabotage

1361

(4)

Power of sentence of

District Courts for offencer under these regulations.

Revocation

Frergency (Principal) Regulations (Commencement) Order 1967 (L.N.108/67)

Emergency (Principal) Regulations (Commencement) (No.4.) Order 1967 (L.N.121/67)

No Emergency Regulations were revoked during this period.

G.F. 73A

0000731

From..........

Legal Department

Ref. (1) In.

IR/Cap.251

Tel. No.

239121 E.51

Date

7th October 1967

(185

MEMO

To.....

Colonial Secretariat

Your Ref..

in.

dated

Emergency Powers (Extension and Amendment Incorporation)

Ordinance. Cap. 251

　Consideration is at present being given to the desirability of repealing the above Ordinance. The regulations continued in force by it were intended to last only for the period of the emergency arising out of World War II. Whilst no order was made declaring the date upon which the emergency ended I imagine that it would be held to have ended long since and claims for compensation are required by regulation 14 to be made within 6 months, or such longer period as the Governor may allow, after the date upon which compensation accrues due.

May I know what views you hold on this question? It would be helpful if you would state when the last claim was made for compensation and when it was determined and, if available, the number of claims, if any, made in recent years.

You may also consider that various departments such as Director of Marine, Commissioner for Rating and Valuation, Director of Civil Aviation, Crown Lands and Survey should be asked for their views.

Oven Morera

(Owen F. Corcoran)

Ag. Asst. Prin. Crown Counsel

: 9 OCT 1967

0000730 G.F. 73

From...Colonial Secretariat

Ref...(186) CR.6/3231/59.

Tel. No.

95302

Date........

24th October, 1967.

MEMO

186

To.........................Hon. Attorney General

Your Ref. (1) in LR/Cap. 251.

dated

7th October, 1967.

Emergency Powers (Extension & Amendment Incorporation)

Ordinance. Cap. 251

As far as I know, the reason for the retention of this ordinance is still that stated in paragraph 2 of your memo (27) in A.G.0.8/1250/62 of the 10th November, 1962.

The repeal of this ordinance is in fact part of the overall review of defence and emergency legislation at present being conducted by your department. I believe that Mr. Hobley, Law Draftsman, is aware of present progress in this matter.

for.

(B.V.Williams)

for Defence Secretary,

0000820 G.F. 82

File No.

EXTRACT FROM GOVERNMENT HOUSE MEETING NO. 1/68

2.1.68.

6/3251/59

(187)

Page....

7. Emergency Legislation.

H.E. agreed that a working party should be set up under .G.'s direction, with representation from Special Duties and Special Branch, to advise what current legislation should be :

a given permanent status;

refurbished;

discreetly dropped.

ction G.

G. F. 73

0000733

CONFIDENTIAL

MEMO

From

Legal Department

To Deputy Colonial Secretary (SD)

Ref. (6)

AGO. 12/3/1250/67.

Commissioner of Police

Attn:

Tel. No.

95265

Your Ref

1222-151

Date

12th January, 1968

dated

Review of Emergency Legislation

H.E. has directed that a Working Party consider and advise

which of the current Emergency Legislation, which I am informed refers only to enactments in 1967, should be

(a) given permanent status,

(b) refurbished, or

As a first step I have prepared a list of the Regulations concerned with my own first thoughts of what the Working Party might wish to

recommend.

When considering a recommendation involving revocation it

should be borne in mind that the Regulations can be introduced again at very short notice. Indeed the very act of bringing into force again

would show that Government had reacted positively to the renewed threat.

An alternative to simple revocation would be re-enactment as part of the Emergency (Principal) Regulations but without an accompanying Order.

bringing them into force. The effect of this would be to return the

sabre to its scabbard but without unbuckling it, and then although no

longer drawn its occasional rattle might have a deterrent effect.

I am anxious that the Working Party should submit its first set of recommendations in the very near future, and I shall be grateful

therefore if I could have your observations as a basis for early discussion.

Encl:

GRS/mej.

Comhaneneath.

(G.R. Sneath) Solicitor General

CONFIDENTIAL

TENTIAL PROSTOR

314

LATE 13/1/68.)

INWARD

TETIR

་

6/3251159

)

1887

CONFIDENTIAL

G.N. NO: AND DATE OF ENACTMENT

L.N. 79/67 23rd May, 1967

L.N. 80/67

24th May, 1967

TITLE AND SUBSTANCE

Emergency (Courts) Regulations 1967. Empowers all Courts to exclude the

public from the Courts and the

buildings in which the Courts are.

Provides for offences for being in closed Courts or buildings.

Validates the closure of Courts or

buildings made prior to the Regulations.

Emergency (Prevention of Inflammatory Speeches) Regulations 1967.

Police given wide powers of entry, search and seizure of inflammatory

matter.

Police given powers to render

equipment incapable of being used for the uttering of inflammatory speeches.

Uttering inflammatory speeches made

an offence.

Use of buildings for uttering

inflammatory speeches made an offence on the part of the owner, occupier and person in charge.

COMMENTS AND RECOMMENDATION

Consideration being given to enactment of permanent legislation for this purpose.

The Regulations are widely drawn e.g. the definition of inflammatory matter and the powers given to the Police were appropriate only during the period when inflammatory speeches threatened the security of the Colony.

Recommend revocation until such time as required again.

-/2 .

G.N. NO: AND DATE OF ENACTMENT

L.N. 80/67 (contd)

L.N. 83/67

1st June, 1967

L.N. 99/67

24th June, 1967

L.N. 100/67 24th June, 1967

L.N. 101/67

24th June, 1967

L.N. 107/67 14th July, 1967

TITLE AND SUBSTANCE

Offences created in respect of aidera and abetters, directors and officers of company committing an offence, and for obstruction of Police officers.

Emergency (Prevention of Inflammatory Posters) Regulations 1967.

These Regulations follow very closely those concerned with inflammatory speeches.

Emergency (Closed Areas) Regulations 1967; and Orders in respect of the following places :-

North Point Power Station

Huk Yuen Power Station

H.K. Tramways Ltd. Depot

Power given to the Governor to order any building or place a closed area. Prohibition on any person entering or being in a closed area and an offence created for this.

COMMENTS AND RECOMMENDATION

The same as for the previous Regulations.

Enabling

Regulations to be

KEN'

грать

can sher

enacted as permanent legislation. The actual Orders to be revoked until the need arises again.

-13

✓

G.N. NO: AND DATE OF ENACTMENT

L.N. 107/67 (contd)

L.N. 108/67

20th July, 1967

TITLE AND SUBSTANCE

Police given powers to remove persons

from closed areas

Emergency (Principal) Regulations (Commencement) Order bringing into

force the following Regulations :-

27. Creating an offence for publishing

and disseminating false reports.

41. Powers given to the Police for

entry, search and seizure of

weapons, explosive substances,

corrosive substances and anything

intended or adapted for use for an unlawful purpose.

88.1 Power in the Courts to hold triels

in camere.

92. Power for the Governor to order

shops and businesses to remain

open or to remain closed.

COMMENTS AND RECOMMENDATION

Retain as permanent legislation

in the Public Order Ordinance.

perhape soup-

Look as TXPT WWP every day!

Retain as permanent legislation in the Public

Order Ordinance.

Retain for the time being. Consider maeting in modified form as permanent legislation.

Revoke for the time being.

Г.

ما

G.N. NO: AND DATE OF ENACTMENT

L.N. 108/67 (contd)

- 4 ·

TITLE AND SUBSTANCE

96. Members of the public required to identify themselves on demand to any Police officer

or member of the Armed Forces

provision.

107. Power to disperse any assembly.

penalty

COMMENTS AND RECOMMENDATION

Revoke for the time being.

　　L.N. 109/67 21st July, 1967

113. Offence created of obstructing any Police

officer or member of the Armed Forces in

the course of his duty

127. Power to prohibit meetings and to disperse

those prohibited penalty provision.

129. Offence created of sabotaging any vehicle

etc. used in essential services.

Emergency (Public Health and Urban Services Ordinance) (Amendment) Regulations 1967.

Amends the main Ordinance with respect to the provisions for the disposal of dead bodies.

Revoke as already covered in Public Order / Ordinance.

Retain for the time being and consider enactment in permanent legislation.

Revoke as already covered in Public Order

Ordinance.

Enact in permanent legislation,

Make substantive amendment to main Ordinance.

- 5

G.N. NO: AND DATE OF ENACTMENT

L.N. 111/67

22nd July, 1967.

TITLE AND SUBSTANCE

Emergency (Principal) (Amendment) Regulations 1967.

Apart from some miscellaneous amendment s the following new Regulations were

enacted :-

100 A. Powers given to authorised officers

etc. to use such force as might be necessary in exercise of Emergency

powers.

100 B. Limitation on the amount of force

which may be used and an indemnity in respect thereof.

119 A. Offence created of being found on

premises in which there are any arms,

ammunition, offensive weapons, explosive or corrosive substances.

119 B. Offence created of being found on

premises to which entry had been denied to an authorised officer.

COMMENT AND RECOMMENDATION

Retain

Revoke for the time being.

Revoke for the time being

✓

-16.

G.N. NO: AND DATE OF ENACTMENT

L.N. 111/67 (contd)

TITLE AND SUBSTANCE

COMMENT AND RECOMMENDATION

119 C. Offence created of being in

possession of a corrosive

substance.

Revoke for the time being.

permanent lgcilation.

L.N. 118/67 & 119/67

27th July, 1967

L.N, 1/20/67 and 121/67

　7/20/671 Augusts

1st August, 1967.

Emergency (Principal) Regulations (Commencement) (No. 3.) Order, 1967 and Emergency (Committee of Review) Rules, 1967.

Brings into force the Regulations, conferring power on the Colonial Secretary to order detention of a

person for a period up to one year;

and provides the rules for the

Committee of Review.

Emergency (Principal) (Amendment) (No. 2.) Regulations, 1967 and Emergency (Principal) Regulations (Commencement) (No. 4.) Order, 1967.

Retain for the time being.

\11.1,682

୮

-17

•

-7.

G.N. NO: AND DATE OF ENACTMENT

L.N. 120/67 and 121/67 (contd) ̄ ̄ ̄ ̄

L.N. 138/67

1st September, 1967

L.N. 141/67 & 142/67 5th September, 1967

TITLE AND SUBSTANCE

Increases the jurisdiction of the District Court in respect of those Emergency Regulations which provide for a penalty in excess of five years.

Emergency (Legal Aid in Criminal Cases) (District Court) Regulations, 1967.

Provides for legal aid in the District

Court in those cases where its

jurisdiction was increased by the last cited Emergency Regulations,

Emergency (Principal) (Amendment) (No.3.) Regulations 1967 and Emergency (Principal) Regulations (Commencement) (No.5.) Order,

1967.

Created an offence of being in possession

of a simulated bomb.

COMMENT AND RECOMMENDATION

Retain so long as jurisdiction District Court remains increased.

грать

Retain for a very limited period.

scrap

G.N. NO: AND DATE OF ENACTMENT

L.N. 143/67

-8.

TITLE AND SUBSTANCE

COMMENT AND RECOMMENDATION

8th September, 1967

Emergency (Fireworks) Regulations 1967

Empowers authorised officers to seize

fireworks.

Retain in force until compensation exercise completed, and then amend Dangerous Goods Ordinance.

Provides for compensation.

L.N. 165/67

24th October, 1967

Existing storage licences revoked.

Duty imposed to notify possession.

The existing exemption enabling possession

of fireworks not exceeding 50 lbs in weight

revoked.

Emergency (Amendment of Magistrates Ordinance) Amend Magistrates Ordinance Regulations, 1967.

The list of offences which may be transferred

to the District Court i.e. made indictable,

ext ended.

-19

-9-

COMMENT AND RECOMMENDATION

G.N. NO: AND DATE OF ENACTMENT

L.N. 166/67 and 167/67 24th October, 1967

L.N. 168/67

23rd October, 1967

TITLE AND SUBSTANCE

Emergency (Principal) (Amendment)

(No. 4.) Regulations and (Commencement)

Sixth Order, 1967.

Regulation 88, brought into force earlier in the year amended to extend the class of cases in which a Court may order that the proceedings be held in camera.

The new Regulation 1364, previously enacted earlier in the year, amended to extend the class of cases in which a District Court may impose a ten-year instead of a five-year maximum sentence.

Emergency (Committee of Review) (Amendment) Rules 1967.

The Colonial Secretary required to furnish a detainee with any information relating

to his detention.

Retain for the time being

consider

enacting in modified form as permanent

legislation.

Retain for the time being.

-/10

G.N. NO: AND DATE OF ENACTMENT

L.N. 180/67

19th November, 1967

10.

TITLE AND SUBSTANCE

Emergency (General Holiday) Regulations 1967.

Created Monday, 20th November, 1967 a public holiday for the purposes of closing the Banks as a result of devaluation.

COMMENTS AND RECOMMENDATION

Effect of this Regulation is spent.

12th January, 1968.

Extracted from GHM/3/67 of 12th January, 1968.

50.

Emergency Legislation (7)

DCS(SD) reported that S.G. would be Chairman of the working party and recommended that D.S. should be represented. H.E. agreed.

Action D. S.

いざ

0000733

From

(9))

Ref.

Tel. No.

Date

CONFIDENTIAL

MEMO

Commissioner of .olicu

C1/C2/1/4

ull xt.: 9

Losi Topartuent

188

190

Your Ref

(6)

denu Januar、, 196

1 th Jenuar.',

dated

vier jo 10lation

I am inclined to aɛre with your commento and recomandati ns on the Incrgency to ulations caucted under :

•

7/67 on 2....67.

9/67 on 14.6.-7.

10/07 on 24.5.7.

.N. lui/u7 on 24.07.

i.. 17/7 on 14.7.07.

\7. 10/07 on 20.7. 7 aleupt

•

7. 109/7 on $1.7.7.

.ذر

CONFIDENTIAL

VTE.

RECISTRY

549

2341/68

INYARD

LETTER

L.. 111/67 on 22.7. 7 except es, 11, 1198 ani

1190.

... 115/07 and 11/67 on 27.. 7.

L.l. 18/7 on .9.7.

.N. 11/7 and 12/67 on j.. 7.

6.N. 145/07 on 0.9.67.

1.1, 165/67 on 24.10. 7.

H. 166/67 on 167/67 on 24.10...7.

hell, 166/67 on 20.10.67. ...N. 100/67 on 19.11.67.

VF có rondetine on :

(a)

mrgone (ir v tion o. 1mlaor, u ocheu) KOLD Ju7 chootoo in 1.7 on 24..67 und Aner, oncy (Arv ation of Inflammatory soltura)

e. 10.7 Creted in... 6/67 on ..67. are that thoy should be retained for u lon r prio na ausbruck of of. eos of tis nature is still considered to be posible. It may bo bro ht us

Lor reconsideration at

↓

a later date alonų, vi h 40 p cumančhtions opsei 10.. in my nano (16) în G/C/a/1 datud J.11.1967 (our ru. () AUG 79/12/07 C dated 1.1.1.0.) - MIR.

21-

NIR

CONFIDENTIAL

પં

(D)

(c)

(a)

cargo:ɖ (Frincipni) Grúer briting into ru that it should be Furiou as it my to use

opp.{ue les nt) arco ipulation 90 retained for toner 1 in suci ocenuins LG OCT ( in outurn on 19.1. 8.

It may tor cnsivered on a later date.

↓

ency. 119A and 1138 cu unsebud under LOK PLONE, (#ri:cipel) ( numcent) koju. 1967 Unkel bere 111/-7 on 22.7.197 aru blot 0.00 sul bo r taikki sor a loner period. They By her canal org it a puitalle tue after tec.nc.usion o th. "#cut. "

morgeno, T. 119 ne unset: e un er burgenc (rincipal) (@randmont) Bug. 1967 under se 111/07 on 22.7.57 met at thy should be retained panding craic rotin for untetzant in a purmanent legislation.

I on rudy to attonā ar rkky inrty disc..uuion at your covenienUSE

( C..

for Corniscion of iolico

c.c. Poputy Guleniul peer-tary (30) ▼

Vak. Blies : C./01/9//

c./c/50/51

Circu.otion.

CY /Ca

73C

0000793

CONFIDENTIAL

MEMO

To...

CR2/3231/59 (191

Commissioner of Police (Attn:

Mr. Szeto)

D.C.S. (SD) (Attn: Mr. Bray)

From Ref. (9)

Tel. No.

Date

Legal Department

AGO. 12/3/1250/67

95265,

2th Fel

-29th January, 1968

Your Ref..

dated

in..

)

Review of Emergency Legislation

I attach in rough draft the form of the first Report I suggest

the Committee submits to the C.S.

You will notice that I have divided the Regulations into four categories, by far the largest of which is for replacement by permanent legislation. In this connection I would like to draw attention to Emergency Regulation 119 C which created the offence of being in possession of a corrosive substance. In my original proposals sent with my Memorandum of the 12th January I expressed the view that this should be revoked for the time being. I have come round however to the view that

since the offence is committed only if a person has the acid without reasonable excuse, it should properly form part of our permanent legislation.

The last of my four suggested categories contains only three items, namely, Emergency Regulations 96, 119 A and 119 B.

In these cases I would like simply to put forward the Police view as to why they should be retained for the time being and side by side the view of the Special Duties Section of the Secretariat and my own view that it would be proper to revoke them for the time being. If it is agreed that we should submit the Report in this way the Police may wish to enlarge on their views concerning these three Regulations, and I should be happy to include any further reasons they may wish to advance.

Coralar Sneath.

(G.R. Sneath) Solicitor General

GRS/mej.

Encl:

CONCIVERTIS

7.7.3

DATE 3:2.68

INWARD

LETTER

CONFIDENTIAL

REVIEW OF EMERGENCY LEGISLATION

The Committee has considered all the Emergency Legislation

enacted in 1967 and has reached a substantial measure of agreement

on the proposals it makes in this its first Report on Review. It

is considered simplest to deal with the Regulations under four heads;

namely those where the Committee recommend revocation at this time;

those which should be replaced by permanent legislation; those which

should be retained for the time being; and those where the Committee

were not in agreement as to whether they should be retained or

revoked.

When advising revocation the Committee does not necessarily

suggest that the particular Regulation should disappear from the

Statute Book. It may in fact be desirable to keep these Regulations

as part of the Emergency (Principal) Regulations (hereafter referred

to as E. (P) R.:) but without an Order bringing them into force,

In this way Government could indicate its intention of keeping to

hand the necessary powers which could be invoked the instant that

the threat which they were designed to meet arises once more.

very act of announcing publicly that such measures had been brought

into forse constitutes a positive step by Government which is of

itself of value when a crisis arises.

The

190

J.ú.

Emergency Legislation To Be Revoked

L.N. 100, 101, and 107/67

Orders to declare two power stations and the Hong Kong

Tramways Depot to be closed areas under the Emergency (Closed

Areas) Regulations 1967. (The enabling Regulations are to be

found in the second category in this Report).

-/2

•

L.N. 108/67

E. (P) R. 92. brought into force 20th July, 1967; gives

the Government power to order certain shops and businesses to

remain open or to remain closed.

L.N. 108/67

E. (P) R. 107 and 127 which give powers to disperse

assemblies and to prohibit public meetings. These should

in fact have been revoked upon the enactment of the Public

Order Ordinance which confers similar powers.

Replaced by Permanent Legislation

L.N. 79/67

Emergency (Courts) Regulations 1967, empowering the

Courts to exclude the public from both the Courts themselves

and the buildings which house them.

L.N. 99/67

Emergency (Closed Areas) Regulations 1967 under which

the three orders recommended for revocation were made.

These Regulations go beyond the present permanent law in

empowering the Police to enter and to evict persons on

premises at the time when they are declared to be closed areas.

L.N. 108/67

E. (P) R. 27 which creates the offence of publishing and

disseminating false reports which are likely to cause public

alarm.

-/3

- 3-

* A

9. L.N. 108/67

E. (P) R. 41 which gives powers to the Police to enter,

search and seize weapons, explosives and corrosive substances.

10. L.N. 108/67

E. (P) R. 113 which creates the offence of obstructing any

member of the Armed Forces, as well as Police officers, who are

engaged in carrying out their duties,

11. L.N. 108/67

E. (P) R. 129 which creates the offence of interferring

with any transport vehicle used for essential purposes including

public transport.

12. L.N. 109/67

Emergency (Public Health and Urban Services Ordinance)

(Ameriment) Regulations 1967, which filled a lucuna in the law

where a relative claimed a dead body in a public mortuary but

then took no steps to secure burial.

13. L.N. 111/67

E. (P) R. 119 C which created the offence of being; in

possession of a corrosive substance without reasonable excuse,

14. L.N. 165/67.

Emergency (Amendment of Magistrates' Ordinance) Regulations

1967 which extended the list of offences which may be transferred

to the District Court instead of being triable only in the Suprema

Court.

To Be Retained For The Time Being

15. L.N. 80 and 83/67

Emergency (Prevention of Inflammatory Speeches) Regulations

1967 and Emergency (Prevention of Inflammatory Posters) Regulations

1967.

16. 1.N. 111/67

E. (P) R. 100A and 100B 1967 which give powers for the use

of force in connection with Emergency Regulations, and which also

prescribe the limit of the force to be used.

17. L.N. 118, 119 and 16€

Emergency (Committee of Review) Rules 1967, as amended.

18. L.N. 138/67

Emergency (Legal Aid in Criminal Cases) (District Court) 1967

　　　　　　　　　　　　　　　　　　　　　of the District Court which provide for Legal Aid in those cases where the jurisdiction/

was increased by Emergency Regulations.

19. L.N. 141 and 142/67.

E. (P) R. 1190 and 119E which created the offence of being

in possession of a simulated bomb.

19. L.N. 143/67

Emergency (Fireworks) Regulations 1967 which require to be

retained until the compensation provisions have been complied with

fully.

20. L.N. 166 and 167/67

E. (P) R. 88, as amended, which empowers a Court to order

that certain proceedings be held in camera.

-15

21. L.N. 166 and 167/67

- 5 -

E. (P) R. 1364, as amendedm which extends the class of case

in which a District Court may impose a ten-year instead of a 5-year

maximum sentence.

22. L.N. 108/67

Regulations on which agreement not reached

E. (P) R. 96 which imposes on the members of the public an

obligation, with a criminal sanction, to identify themselves on

demand to any Police officer or member of the Armed Forces.

The

Police view is that this should be retained as it may be useful

on the occasion of disturbances such as that which occurred at

Western Police Stat on on the 19th of January. It is not

considered that this power is required on such an occasion, since

the persons present were clearly committing other offences and

this provided ground enough for arrest and investigation as to

their identity etc. This Regulation is really intended for

crisis conditions where disorders and unrest are so widespread

that any person is liable to be viewed with suspicion by the

Security Forces, and it becomes necessary for them therefore to

be able to establish identity. Except under these crisis

conditions & Regulation of this nature is liable to criticism

on the ground that it is an unnecessary infringement of personal

liberty, and it is therefore just the sort of Regulaton which

attracts a P.Q.

-/6

•

- 6-

23. L.N. 111/67

E. (P) Rs. 119A and 1198 which created the offences of

being found on premises in which there are any arms, offensive

weapons etc. or on premises to which entry had been denied to an

authorised officer. The Police view is that these Regulations

may be considered for revocation at a suitable time after the

conclusion of the amnesty period. The offences created by these

Regulations cast the net very wide, and in fact provide for guil

This was considered to be proper and necessary

by association.

where one had what amounted to communist armouries of weapons and

no innocent person could have been on the premises without being

aware of their existence.

Similarly, the other Regulation was

justified where one had fortified communist headquarters which were

prepared to withstand a siege by the Police.

2nd February, 1968.

(G.R. Sneath) Solicitor General

(192)

73C

Colonial Secretariat.

CR 6/3231/591II

95716

9th Februarym,1968

Solicitor General

(9)

AGO 12/3/1250/67

2nd February,1968

Review of Emergency Legislation

I agree with the draft enclosed with your memo AGO 12/3/1250/67 of 2nd February, 1968, but should like to add a concluding paragraph on the lines of the attached draft.

(D.C.Bray)

for Colonial Secretary

DCB:dc

c.c. Commissioner of Police (Atta. Mr. Szeto)

nho 1880

Oh.

G.F. 73C

0000799

From

Ref.

(31) in

Tel. No.

Date

CONFIDENTIAL

MEMO

193)

Legal Department

Commissioner of Police

CID/CON/15/4

234011 Ext.259

Your Ref(9)

7th February, 1968

dated

in AGO 12/3/1250/67

2nd February, 1968

Review of Emergency Legislation

I am of the opinion that it is too early to consider doing away with any power which may materially assist the police in the execution of its duties.

The power confer on the police by E(P)R 96 can be most useful not only in crisis conditions but also in such cases as peaceful picketing, or people distributing water in the streets or people gathering on hillsides in N.T. singing songs during picnics, etc.

In regard to E(P)R 119A and 119B I now consider that they may be revoked provided that they are retained in the Emergency (Principal) Regulations and could be reactivated if and when necessary.

c.c. D.C.S.(S.D.)

C.P. Files :

D.S.B. Circulation

(Attn: Mr. Bray) CP/CON/95/32 CP/CON/95/51

(C.Y. SZK TO )

for Commission r of Police

CYST/jw

CONFIDENTIAL

113

.n.

G. F. 73C

0000733

CONFIDENTIAL

MEMO

From

Legal Department

To Hon. Colonial Secretary

Ref. (13) in

AGO. 12/3/1250/67

Tel. No.

95265

Your Ref..

Date

14th February, 1968

dated

Review of Emergency Legislation

H.E. directed that a Working Party be set up, with representation from the Special Duties Section of the Secretariat and from the Police to advise on the Emergency Legislation enacted in 1967. The first such review has now been concluded and the Working Party's Report is attached.

Graham Sneath.

(G.R. Sneath)

Solicitor General

On file

Encl:

GRS/mej.

FTIAL

できた姿

CONTRO

RECISIO

.....11.15

DATE.../2

1572/687.

WARD LETIE

CONFIDENTIAL

TRAWA

194

G.F. 323

CONFIDENTIAL

REVIEW OF EMERGENCY LEGISLATION

114

　　The Committee has considered all the Emergency Legislation enacted in 1967 and has reached a substantial measure of agreement on the proposals it makes in this its first Report on Review. It is considered simplest to deal with the Regulations under three heads; namely those where the Committee recommend revocation at this time; those which should be replaced by permanent legislation;

and those which should be retained for the time being. The one regulation on which the Committee is not in agreement will be dealt with separately.

When advising revocation the Committee does not necessarily suggest that

the particular Regulation should disappear from the Statute Book.

It may in fact be desirable to keep these Regulations as part of the Emergency (Frincipal) Regulations (hereafter referred to as E. (P) R.), but without an Order bringing

them into force. In this way Government could indicate its intention of keeping to hand the necessary powers which could be invoked the instant that there arose once more the threat which they were designed to meet. The very act of announcing publicly that such measures had been brought into force constitutes a positive step

by Government which is of itself of value when a crisis arises.

Emergency Legislation To Be Revoked

(a) L.N. 100, 101, and 107/67

Orders to declare two power stations and the Hong Kong Tramsways Depot to be closed areas under the Emergency (Closed Areas) Regulations

1967. (The enabling Regulations are to be found in the second category in this Report).

(b) L.N. 108/67

E. (P) R. 92 brought into force 20th July, 1967; gives the Government power to order certain shops and businesses to remain open or to remain

closed.

E. (P) R. 107 and 127 which give powers to disperse assemblies and to prohibit public meetings.

　　　　　　　　These should in fact have been revoked upon the enactment of the Public Order Ordinance which confers similar powers.

(d) L.. 111/67

E. (P) Rs. 119A and 119P which created the offences of being found on premises in which there are any arms, offensive weapons etc. or on premises to which entry had been denied to an authorised officer.

CONFIDENTIAL

-/2.....

G.F. 323

(a)

(b)

CONFIDENTIAL

L.N. 79/67

Replaced by Permanent Legislation

Emergency (Courts) Regulations 1967, empowering the Courts to exclude the public from both the Courts themselves and the buildings which house them.

L.. 99/67

Emergency (Closed Areas) Regulations 1967 under which the three orders recommended for revocation were made. These Regulations go beyond the present permanent law in empowering the Police to enter and to evict persons on premises at the time when they are declared to be closed areas.

(c)

L.N. 108/67

(d)

(e)

(f)

(g)

E. (P) R. 27 which creates the offence of publishing and disseminating false reports which are likely to cause public alarm.

L.N. 108/67

E. (P) R. 41 which gives powers to the Police to enter, search and seize weapons, explosives and corrosive substances.

L.N. 108/67

E. (P) R. 113 which creates the offence of obstructing any member of the Armed Forces, as well as Police officers, who are engaged in carrying

out their duties.

L.M. 108/67

E. (P) R. 129 which creates the offence of interferring with any transport vehicle used for essential purposes including public transport.

L.N. 109/67

Emergency (Public Health and Urban Services Ordinance) (Amendment) Regulations 1967, which filled a lucuna in the law where a relative claimed a dead body in a public mortuary but then took no steps to secure burial.

CONFIDENTIAL

-13

G.F. 373

CONFIDENTIAL

- 3-

(a)

(b)

3. (F) L. 1190 which created the offence of being in postuaL

a corrosive substance without reasonable excuse.

L.M. 165/67

Emergency (Amendment of Magistrates' Ordinance) Regulations 1967 which extended the list of offences which may be transferred to the District Court instead of being triable only in the Supreme Court.

L.N. 80 and 83/67

To Be Retained For The Time Peing

Emergency (Prevention of Inflammatory Speeches) Regulations 1967 and Emergency (Prevention of Inflammatory Posters) Regulations 1967.

L.N. 111/67

E. (P) R. 100A and 100B 1967 which give powers for the use of force in connection with Emergency Regulations, and which also prescribe the limit of the force to be used.

(c)

(d)

(e)

(f)

L.N. 118, 119 and 168

Emergency (Committee of Review) Rules 1967, as amended.

L.N. 138/67

Emergency (Legal Aid in Criminal Cases) (District Court) 1967 which provide for Legal Aid in those cases where the jurisdiction of the District Court was increased by Emergency Regulations.

L.N. 141 and 142/67

E. (P) R. 119D and 119 which created the offence of being in possession of a simulated bomb.

L.N. 143/67

Emergency (Fireworks) Regulations 1967 which require to be retained until the compensation provisions have been complied with fully.

CONFIDENTIAL

-/4 •

G.F. 323

(g)

(h)

CONFIDENTIAL

-4-

L.N. 166 and 167/67

E. (P) R. 88, as amended, which empowers a Court to order that certain proceedings be held in camera.

L.. 166 and 167/67

E. (P) R. 1364, as amended, which extends the class of case in which a District Court may impose a ten-year instead of a five-year maximum sentence.

L.N. 108/67

Regulation on which agreement not reached

E. (P) R. 96 which imposes on the members of the public an obligation, with a criminal sanction, to identify themselves on demand to any Police officer or member of the Armed Forces. The Police view is that this should be retained as it may be useful

on the occasion of disturbances such as that which occurred at Western Police Station on the 19th of January. It is not considered that this power is required on such an occasion, since the persons present were clearly committing other offences and this provided ground enough for arrest and investigation as to their identity etc. This Regulation is really intended for crisis conditions where disorders and unrest are so widespread that any person is liable to be viewed with suspicion by the

Security Forces, and it becomes necessary for them therefore to be able to establish identity. Except under these "crisis

conditions a Regulation of this nature is liable to criticism . on the ground that is is an unnecessary infringement of personal liberty, and it is therefore just the sort of Regulation which

attracts a P.Q. The Police nevertheless maintain that this power is useful in such cases as peaceful picketing, people distributing water in the streets or gathering on hillsides and singing songs.

Graham Sneath

(G.R. Sneath)

Solicitor General

14th February, 1968.

CONFIDENTIAL

+ and offer as

CONFIDENTIAL

EXTRACTS FROM A METTING HELD AT GOVERNMENT HOUSE ON

23RD FEBRUARY, 1968 (CHM 8/68)

(195)

139. Review of Emergency

Legislation.

1. The recommendations of the S.G.'s

report dated 14th February, 1968 were agreed, with the exception of the following paras. :-

2(d) E. (F) Rs 1194 and 119B were to be retained for the time being.

4(c) E (P) R. 27 was to be retained whilst an examination vas made into which permanent legisla- tion it should be included.

(e) (P) R 113 should be included in the Public Order Ordinance.

4(f) Consideration should be given to providing a less severe form of E (P) R 129 in permanent legislation.

5(g) E (P) R 88 should be reviewed with a view to giving Courts discretion in permanent

legislation.

5(h) C.J. should be consulted as to including E (P) R 136A in permanent legislation.

6 E (P) R96 was to be retained for the time being. C.P. should be consulted as to the provision of a regulation providing less strong sanctions.

2. H.D. asked for short progress

reports monthly.

Action A.G.

CONFIDENTIAL

G. F. 73C

0000733

CONFIDENTIAL

MEMO

From

legal Department

Colonial Secretar

Ref. (20) in

AGO 12/3/12/67

(Attn:

Defence Secretary)

Tel. No.

25265

Your Ref......

in.

Date

25th March, 1968.

dated

196

Review of Emergency legislation

Progress Report

mained)

am now forwarding the stencil of my Progress Report on

this subject as directed in the Minutes of the meeting held at Government House on the 23rd February, reference GH/P/68 (2).

I shall be grateful if in addition to the normal circulation

you would send additional copies to the Commisioner of Police and

Defence Secretary, drawing their attention to paragraph of the Report.

Graham Dueath.

(G.R. "neath)

Solicitor General

Encl:

CDs/mej:

CONFIDENTIAL

CONFTRAILIAL ENGISTRY

M.2428- DATE 1-4-68

INWARD LETTER

323

CONFIDENTIAL

REVIEW OF EMERGENCY LEGISLATION

PROGRESS REPORT

(..

　　As directed at the Government House meeting on the 23rd February, a short Progress Report is now submitted. This Reports deals with

(a) action taken to

discontinue the operation of certain Emergency Regulations and Orders; (b) a recommendation for publicity in respect of this action and the review of Emergency Regulations generally; (c) the action taken to prepare permanent legislation embodying certain Emergency Regulations now in force; and (d) the views of the Honourable the Chief Justice on the retention as permanent legislation of two existing Emergency Regulations.

　　The work that has been done to carry out the directions contained in the Minutes of the meeting referred to above has not entailed consultation with the other members of the Committee appointed to review the Emergency Legislation. However, by copy of this memorandun the Commissioner of Police and the Defence Secretary (as successor to the Deputy Colonial Secretary (Special Duties)) are asked to consider whether they would now concur in recommending that the following two Regulations be now revoked but retained as Emergency (Principal) Regulations not in force :-

Emergency (Principal) Regulations 119A and 119B which create the offences of being found on premises on which there are any arms, offensive weapons etc. or on premises to which entry had been denied to an authorised officer. (Please see paragraph 3 (d) of the Review of Emergency Legislation submitted by this Committee in February.).

Draft Orders have been submitted to the Colonial Secretariat which will effect the following changes :-

The power stations at North Point and Hok Yuen and the Hong Kong Tramways Depot will cease to be closed areas;

Emergency (Principal) Regulation 92, which empowers the Governor to require certain classes of premises to remain open or to remain closed, ceases to be

in force;

Emergency (Principal) Regulations 107 and 127 are revoked these Regulations provided powers for dealing with meetings and assemblies, which powers are now to be found in the Public Order Ordinance.

CONFIDENTIAL

-/2...

CONFIDENTIAL

2 -

It is recommended that careful and full publicity should be given now to the fact that Government took the initiative in reviewing the Emergency Legislation that had to be introduced at the time of the disturbances last year, that the Governor has directed that this review be a continuing process, and that as a first result certain regulations are now no longer in force.

This publicity could have its effect not only internally but also abroad as evidence of this Government's genuine desire to bring to an end the confrontation in Hong Kong. It would, of course, be far more effective if Government could announce at the same time that Emergency (Frincipal) Regulations 119A and 1198 have likewise ceased to be in force. (Flease see the request to Commissioner of Police and Defence Secretary in paragraph 2 shove.).

The Schedule attached to this Report contains the drafting recommended which will shortly be submitted to the Colonial Secretary for the purpose of incorporating in permanent legislation certain other Emergency Regulations as directed at the Government House meeting referred to above.

　　As directed the views of the Honourable the Chief Justice were sought concerning the following two Reg.lations :-

(a) Emergency (Principal) Rerulations 88, which provides for holding

certain trials in camera and enables restrictions to be imposed by the Court on the questions which may be put to witnesses ; and

(b) Emergency (Principal) Regulations 1364 which extended the criminal

jurisdiction of the District Court, enabling it to impose a ten-year instead of a five-year maximum sentence in certain specific cases.

The Chief Justice has commented that he would see no objection to Regulation 88 being made part of the permanent law. It should be noted that it is the Court which decides whether to hold a trial in camera and whether to impose restrictions on what questions may be asked of a witness.

This is a

With regard to Regulation 136A the Chief Justice has expressed the view that it is doubtful whether the reasons which led to the enactment of this Regulation could be said to justify its maintenance in a permanent form. reference to the need which existed last year to bring to trial speedily those communists who had resorted to bomb planting and other acts of violence. Chief Justice also considers that there should be cogent reason for crossing the dividing line which was carefully drawn between the jurisdictions of the

Finally, he observes that the extended District Court and the Supreme Court.

The

jurisdiction relates both to the Emergency (Principal) Regulations and also to

CONFIDENTIAL

-/3

-12

CONFIDENTIAL

- 3-

certain offences under the Explosive Substances Ordinance and the Offences Against the Person Ordinance: with regard to the latter he doubts if there is any justification for increasing permanently the District Court's jurisdiction, and with regard to the offences under the Emergency Regulations he concludes that if special provision for their trial is required this should continue to be part and parcel of the Emergency Legislation.

　　　During April I will consult with other members of the Committee to see whether further recommendations should be made in respect of the mergency Legislation still remaining.

Gialar Queath

29th March, 1968.

GRS/mej:

(G.R. Sneath)

Solicitor General

CONFIDENTIAL

SCHEDULE

* 2.

Recommendations being made for replacing the

Emergency Legislation by permanent enactments

mergency (Courts) Regulations 1967, empowering the Courts to exclude the public from the Courts and the buildings housing them, to be replaced by provisions in the District Court Ordinance, the Criminal Procedure Ordinance and agistrates' Ordinance.

Emergency (Closed Areas) Regulations 1967, under which places may be declared to be closed areas and the Police empowered to enter and evict persons therefrom, to be replaced by provisions either in the Protected Places Ordinance or the Public Order Ordinance.

Emergency (Principal) Regulatio 27 creating the offence of publishing and disseminating false reports likely to cause public alarm, to be replaced by a provision in the Control of Fublications Ordinance.

Emergency (Principal) Regulation 1, empowering the Police to enter, search and seize weapons, explosives and corrosive substances, to be replaced by a provision in the Police Force Ordinance.

Emergency (Principal) Regulation 113, creating the offence of obstructing any member of the Armed Forces or Police officers, engaged in carrying out their duties, to be replaced by a provision in the Public Order Ordinance.

* 8.

Emergency (Irincipal) Regulation 129 creating the offence of interferring with any transport vehicle used for essential purposes, to be replaced by a provision in the Public Order Ordinance.

Emergency (Public Health and Urban Services Ordinance) (Amendment) Regulations 1967, which filled a lacuna in the law where a relative claimed a dead body in a public mortuary but took no steps to secure its burial, to be replaced by an amendment to the Frincipal Ordinance.

Emergency (Frincipal) Regulation 1190, creating the offence of being in possession of a corrosive substance with reasonable excuse, to be replaced by a provision either in the Dangerous Goods Ordinance or in the Offences Against the Person Ordinance,

mergency (Amendment of Laristrates' Ordinance) Regulations 1967, which extended the list of offences which may be transferred to the District Court for trial instead of only to the Supreme Court, to be replaced by amendment to the Principal Ordinance.

CONFIDENTIAL

دا

10.

CONFIDENTIAL

mergency (Frincipal) Regulation (8, which empowers a Court to order that certain proceedings be held in camera and to impose

restrictions on the questions which may be put to a witness, to be replaced by a provision in the Criminal Procedure Ordinance. (See paragraph 7 of the feport.).

Note:

Consideration is still being given by the Law Draftsman as to which is the proper Ordinance to amend.

CONFIDENTIAL

* .F. 73 B

0000732

CONFIDENTIAL

From

Colonial Secretariat

Ref. (197) CR.6/3231/59 III

Tel. No.

95302

Date

4th April, 1968.

MEMO

Commissioner of Police

Your Ref.

dated

in CID/CON/15/4

7th February, 1968.

Review of Emergency Legislation

I enclose copy of a further report from

the Solicitor-General and should be gratefub for your comments, particularly in para.2.

BVW/WHI

(B.V.Williams)

for Defence Secretary

CONFIDENTIAL

4/4/68

. 73 B 0000732

CONFIDENTIAL

From.........

Colonial Secretariat

MEMO

Ref. (59) in

SCR.3/3571/58

Tel. No.

95302

Date...

3rd April, 1968.

Hon A.G.

Your Ref. (12) in AGO/L.M.15/65 s S

dated

23rd March, 1968.

Emergency (Principal) Regulations

Since the substance of Regulations 50 and 51 has

now been re-enacted in sections 34 and 35 of the Public Order Ordinance, do you

　think there would be publicity value to be gained from revoking these regulations at the same time as those recommended in your memo (19) in AGO/2/3/1250/67 of 5.3.68.?

To do this would presumably require replacement orders to be prepared by you and signed by the Governor before the regulations were repealed.

BVW/VIW

c.c. CB.6/3231/59 III

CR.5/6/3231/59

(B.V. Williams) for Defence Secretary

CONFIDENTIAL

198

2600027 C.S.

SAVING DESPATCH SWINGRAM

From the Governor, Hong Kong

Commonwealth Affairs

To the Secretary of State for ha×2864%

Repeated to:-

Date........

ой

April, 1968.

My Reference...

GX 2/3011/46

Your Reference.....

No.

574

No.

Mr. Creoch Jones' Circular Savingram of 18th July 1946.

Emergency Legislation.

　　　　In accordance with the request in the last paragraph of the savingram under reference, I report below the position of the six months period from 1st September 1967 to 29th February 1963.

(1)

(2)

(1)

Defence Regulations

No Defence Regulations were enacted or revoked during this period.

Enactments continued in force

By a resolution made and passed on 20th December 1967 (L.N. 205/67), the Legislative Council extended the duration of the Defence Regulations (Continuation) Ordinance (Chapter 309) for the term of one year with effect from 1st January 1968.

Emergency Regulations

New Regulations enacted

During this period the following were enacted ·

(a) The Emergenov (Legal Aid in Criminal Cases) (District Court)

Regulations 1967 (L.N. 138/67) provide for the granting of legal aid in criminal cases heard before the District Court in which penalties of up to ten years imprisonment may be imposed.

(b)

(0)

The Emergency (Firework) Regulations 1967 (L.N. 143/67) enable Government to withdraw into safe custody stocks of fireworks and firecrackers in order that the explosive therein may not be available for use in making boabs.

The Emergency (Amendment of Magistrates Ordinance) Regulations 1967 (L.N. 165/67) amended the Magistrates Ordinance so as to enable charges for offences against section 3 of the Explosive Substances Ordinance (Chapter 206) or section 28 or 29 of the Offences against the Person Ordinance (Chapter 212) to be transferred to the District Court.

/(a).......

GR 2/3011/46

- 2 -

;

(a)

(e)

(f)

(2)

ལུ

(a)

(b)

The Emergency (General Holiday) Regulations 1967 (L.N. 180/67) appointed Monday, 20th November 1967, as a general holiday, to be kept as such only by banks licensed under the Banking Ordinance (Chapter 155). These regulations were necessary as a result of the devaluation of Sterling.

The Emergency (Principal)(Amendment)(No. 3) Regulations

1967 (L.N. 141/67) and the Emergency (Principal)(Amendment)(No. 4) Regulations 1967 (L.N. 166/67) amended the Emergency (Principal) Regulations in the manner specified in sub-paragraph (2) (a) and (b) below.

Two Emergency (Principal) Regulations (Commencement) Orders brought into operation those regulations of the Emergency (Principal) Regulations introduced by the amending Regulations referred to in sub-sub-paragraph (e) above.

Amendments

The Emergency (Principal) Regulations were amended by the Emergency (Principal) (Amendment) (No. 3) Regulations 1967 (L.N. 141/67) in the following manner -

(i) regulation 119A was amended so as to make it an offence

to be found in premises in which simulated bombs are made or stored;

(ii)

a new regulation 119D was added to create a new offence of possession of simulated bombs;

(iii) a new regulation 119 was added to provide a defence

for a person charged with an offence in connexion with a simulated bomb found on private premises, if he can show that that object was not intended for use as a simulated bomb;

(iv) regulation 2 was consequentially amended by the addition

of a new definition of "simulated bomb".

The new regulations 119D and 1195 were, by the Emergency (Principal) Regulations (Commencement) (No. 5) Order 1967 (L.N. 142/67), brought into operation on the day of their

enactment.

The Emergency (Principal) Regulations were further amended by the Emergency (Principal) (Amendment) (No. 4) Regulations 1967 (L.N. 166/67). Regulation 88 was revoked and replaced by a new regulation so as to extend the cases in which a court may order that criminal proceedings before it be conducted in camera. Regulation 136A was also revoked and replaced. The new regulation enables a District Court to impose a sentence of imprisonment exceeding five years not only for offences against the Regulations but also for offences against the Explosive Substances Ordinance (Chapter 206) and sections 28, 29 and 30 of the Offences against the Person Ordinance (Chapter 212).

/The new.

GR 2/3011/46

(c)

The new regulations 88 and 136A were, by the Emergency (Principal) Regulations (Commencement) (No. 6) Order 1967 (L.N. 167/67), brought into operation on the day of their

enactment.

By the Emergency (Committee of Review) (Amendment) Rules 1967 (L.N. 168/67), the Emergency (Committee of Review) Rules 1967 (L.N. 119/67) were amended. New provisions were added to rule 3 which require the notice, delivered under that rule, to a detained person to be accompanied by such information relating to the detention of that person as the Colonial Secretary may authorize.

Revocation

By the Emergency (Prevention of Intimidation) Regulations 1967 (Revocation) Order 1967 (L.N. 187/67), the Emergency (Prevention of Intimidation) Regulations 1967 (L.N. 98/67) were revoked. The provisions of these Regulations have been incorporated in the Public Order Ordinance 1967.

c.c. CR 6/3231/59 III

P&W/ck

G. F. 738

From

Ref.(25)

Tel. No...

Date

0000732

CONFIDENTIAL

Commissioner of Police

CP/CON/95/51

234011 Ext.259

10th April, 1968

MEMO

Hon. Colonial Secretary

Your Ref 197

in CR.6/3231/59 III

dated

4.4.68.

Review of Emergency Legislation

I consider that E(P)R 119A and 119B may be revoked provided that they are retained in the Emergency (Principal) Regulations and could be reactivated if and when necessary.

c.c. CP/CON/95/32 CID/CON/15/4

D.S.B.

Circulation

CYST/jw

CONFINERTIAL REGISTRY

No2732 DATE..

-44/4/68)* INWARD TETTER

( C.Ý. (Z ĐÓ)

for Commissioner of Police

CONFIDENTIAL

EXTRACT FROM A MEETING HELD AT GOVERNMENT HOUSE ON

19TH APRIL, 1968.

(GHM 16/68)

319.

Review of Emergency Legislation (139/68)

S.G.'s Progress Report dated 29th March, 1968 was considered

and the following agreed :-

(a) E(P)R 1194, 119B and 136.

should be revoked, but

201

(b)

(c)

retained as Emergency (Principal) Regulations not in force.

E(P)R 88 be incorporated in permanent legislation.

The replacement of Emergency Legislation by permanent enactments on the lines

recommended in the schedule.

H.E. directed that the publicity line should be that Emergency Legislation was under constant review and that the changes did not indicate any relaxation of

Government's vigilance. The draft press release was to be available for Ex. Co. when the amendments are considered.

Action A.G.

/The new.....

G.F. 238

0000732

CONFIDENTIAL

From

Attorney General's Chambers.

Ref. (14) in

AGO L/M 15/65

Tel. No.

96023

Date

25th April, 1968.

MEMO

Hon. Colonial Secretary. (for the attention of

Mr. B.V. Williams)

Your Ref. (59)

SCR.3/3571/58

dated

3.4.68.

Emergency (Principal) Regulations

I refer to your confidential memo dated 3rd April 1968 of the above reference. If it is decided to repeal regulations 50 and 51 and to operate under the Public Order Ordinance, then orders under the Public Order Ordinance will be required.

　　　　I send you herewith in duplicate draft of the two orders required. These should be signed by the Governor concurrently with the cancellation of the existing orders and regulations 50 and 51 thereafter repealed.

JF/es.

c.c. CR.6/3231/59 III

J.F. Muky

(J.F. McKeon)

Law Draftsman,

CR.5/6/3231/CONFIDENTIAL

IDENTIAL REGISTRY No. 3049 DATE27.4.68

INWARD LETTER

し

PUBLIC ORDER ORDINANCE.

(Chapter 245).

Detention of Military Aircraft Order 1968.

WHEREAS I am satisfied that it is necessary in the interests of

public order to give this order:

NOW THEREFORE I, David Clive Crosbie Trench, Knight Commander of

the Most Distinguished Order of Saint Michael and Saint George, upon

whom has been conferred the Decoration of the Military Cross, Governor

and Commander in Chief of the Colony of Hong Kong and its Dependencies,

and Vice-Admiral of the same, in exercise of the powers conferred on

me by section 35 of the Public Order Ordinance hereby order that in the

event of any naval, military or air force aircraft belonging to the

Chinese People's Government or to the Government in Formosa landing

anywhere in the Colony, such aircraft shall be detained -

(a) in the case of the landing taking place at Hong Kong Airport,

by the Senior Civil Aviation Department Officer on duty at

the Airport;

(b) in the case of the landing taking place at any place in the

Colony other than Hong Kong Airport, the first gazetted

officer of the Hong Kong Police Force to arrive on the scene.

Dated

196

Governor.

PUBLIC ORDER ORDINANCE.

(Chapter 245).

Detention of Persons on Military Aircraft Order 1968.

WilEREAS an order has been given for the detention of certain

military aircraft in the event of their landing in the Colony:

AND WHEREAS I am satisfied that it is necessary in the interests

of public order to give this order:

NOW THEREFORE I, David Clive Crosbie Trench, Knight Commander

of the Most Distinguished Order of Saint Michael and Saint George,

upon whom has been conferred the Decoration of the Military Cross,

Governor and Commander in Chief of the Colony and its Dependencies, and

Vice-Admiral of the Same, in exercise of the powers conferred on me by

section 35 of the Public Order Ordinance hereby order that in the

event of any naval, military or air force aircraft belonging to the

Chinese People's Government or to the Government in Formosa landing

anywhere in the Colony, any of the persons on board such aircraft

shall be detained for so long as the detention of any such person may

be necessary to ensure the detention of such aircraft

(a) in the case of the landing taking place at Hong Kong

Airport, by the senior Civil Aviation Department Officer

on duty at the Airport;

(b)

in the case of the landing taking place at any place in the

Colony other than Hong Kong Airport, the first gazetted

officer of the Hong Kong Police Force to arrive on the scene,

Governor.

1968.

Dated

G.F. 73C 0000733

From

CONFIDENTIAL

Attorney General's Chambers

Ref. 28 in AGO. 12/3/1250/67

Tel. No.

Date

95265

26th April, 1968

MEMO

Defence Secretary

Commissioner of Police

Your Ref

dated

Review of Emergency Legislation

I do not think that a Progress Report for this month is called for from my Committee as the most recent decisions are still being implemented. However, I think the Committee should now consider what recommendation to make with respect to four of the remaining Emergency Regulations. The Defence Secretary may wish to take note that the Committee is giving its attention to these four Regulations, which are

(a) Emergency (Legal Aid in Criminal Cases) (District Court)

Regulations 1967 ;

(b) Emergency (Fireworks) Regulations 1967 ;

possession of a simulated bomb);

(d) Emergency (Principal) Regulation 96 (imposing on members of the

public an obligation, with a criminal sanctim, to identify themselves

on demand to any Police officer or member of the Armed Forces),

(a) above is the obvious consequential repeal once the jurisdiction of the District Court reverts to five years. The only point to note here is that the very act of repealing this Regulation may give rise to renewed demands for legal aid to be made available in all District Court criminal

cases.

asmendment

b berin

The Commissioner of Mines informed me in February that he would like to review the situation with regard to the Fireworks Regulations at the beginning of April, by when he expected that nearly all the compensation due under the Regulations would have been paid. By copy of this Memorandum I am requesting that he now inform the Committee

　　　　　　　　　　　　　　　　　　　　　　　　　what stage has been reached and whether these Regulations have now served their purpose fully.

CONFIDENTIAL

-/2.

　With regard to (c) (on page 1 of this Memorandum) I would like the Police representative on the Committee to advise whether the Regulation which was introduced to deal with simulated bombs is still required. One point to bear in mind here is that a simulated bomb was defined in very wide terms as being anything which if found in public might give rise to the reasonable apprehension that it was a

bomb.

This was a test which made sense, and could be applied in the days when any abandoned box or tin could and did give rise to such apprehensions. If such simulated bombs are no longer prevalent it may be difficult to justify the retention of a criminal regulation in such sweeping terms. I would not, of course, advocate revocation as such, but rather an Order which would have the effect of making this Regulation no longer in force but available for re-introduction by a simple Order on the part of the Governor.

With regard to (d) (on page 1 of this Memorandum) the direction of the Governor's Committee was that consideration should be given to seeing whether the substance of this Regulation could be

I think retained in permanent legislation on a more acceptable basis. this is a matter which can be profitably discussed by the Committee. I shall be grateful, therefore, if the other two members can indicate when it would suit them to meet for this purpose,

Gorlar Sweath.

(G.R. Sneath)

Solicitor General

c.c. Commissioner of Mines

GRS/mej:

FANFARENTIAL

REGISTRY

v13052

VATE 2.7-4-68

INWARD LETTER

G.F. 73C 0000733

CONFIDENTIAL

MEMO

Commissioner of Mines

From..

(138)

FIR/CON/ENG

Ref....

in.

846161

Tel. No.

2nd May 1968

Date

Honourable Attorney General

(28)

AGO. 12/3/1250/67

Your Ref

26th April 1968

dated

Review of Emergency Legislation

With reference to your paragraph 3, I have to advise that compensation payable under the "mergency (Firework) Regulations hes still not been fully paid out and it may yet be several months before payments are complete and the Regulations can be said to have served their purpose fully. In the circumstances I should like to review the situation further in three months time.

2. Once the Emergency (Firework) Regulations have served their purpose in relation to compensation requirements I do not consider they should be revoked until action has been taken to delete or rendor inoperative the proviso to regulation 10(5) of the Dangerous Goods (General) Regulations CAP 295. I shall shortly be making proposals to the Honourable Colonial Secretary in connection with future control over explosives which, if accepted, will enable me to deal with the matter of general amendments to the Dangerous Goods legislation.

Кан

(J. 4. Knapp)

for Commissioner of Mines

copies to ✓Defence Secretary

Commissioner of Polios

JHK RW

CONFIDENTIAL

DAIE

3248.

4/5768. INWARD LE!

(204

G.F. 73C 0000793

From

Ref. (42) in

CONFIDENTIAL

Commissioner of Police

CID/CON/15/4 (T.S.)

234011 Ext.259

Tel. No.

Date

23rd May, 1968

MEMO

To Hon. Attorney General

Your Ref (28) in AGO. 12/3/1250/67

26.4.1968.

dated

Review of Emergency Legislations

Please refer to your above quoted memorandum to the Defence Secretary and copied to me.

I have no comments on para.l (a) thereof. As regards Para.1 (b), (c), and (d) I consider the situation in the Colony continues to warrant their retention either in their present form or as permanent legislation on a more acceptable basis.

I am ready to attend a meeting at your convenience.

FASCICNTIAL

REGISTRY

x3850 DATE 24.548

INWARD

LETTER

c.c. Defence Secretary -

CYST/jw

Commissioner of Mine s

D.S.B. (Ref. (40) in GEN 13/1702)

("C.Y EZE-TO)

for Commissioner of Police

CONFIDENTIAL

bos

ACE PRCII

" ID

143

1200.

448. Review of Emergency

Legislation

319/68

H.E. agreed that S.G.'s progress report could now be given quarterly.

Action .G.

Aosi

G.F. 73C 0000733

CONFIDENTIAL 6/3231/59

From

Attorney General's Chambers

Ref.

(34)

AGO 12/3/1250/67

Tel. No.

95265

Date

19th June, 1968.

MEMO

Commissioner of Police

c.c.

Your Ref

dated

(Attn: Mr. C.Y. SZE-TO)

2.3

(Attn: M11PA)

Defence Secretary (Attn: 11) in CID/CON/15/4 (T.8.)

Review of Emergency Legislation

This memorandum is to record the result of our meeting this

morning. It was noted first that the new instruction of the Governor'

Committee is that we should report every three months. This means that the next report should go in towards the end of July.

It was noted that the Commissioner of Mines stated early in

May that he would wish to review the position about the Firework

Regulations in July.

It was reported that simulated bombs and inflammatory posters

still make occasional appearances. The Regulations dealing with these

are therefore still required. It was also agreed that the Regulations

dealing with inflammatory speeches must remain in force for the time

being.

Mr.

　　　There was further discussion about Regulation 96, which imposes on members of the public the obligation to identify themselves on demand to Police officers or members of the Armed Forces, SZE-TO undertook to ascertain whether it would be acceptable if this

　　　　　　　　　　　　　　　　　　　　　　　　　If this is acceptable power were limited to Inspector, and above,

it could go into the law in permanent form.,

A number of Bills have been drafted for the purpose of transferring Emergency Regulations to permanent legislation. I have asked the Draftsman to press for the early introduction of those Bills which are complete. The object of this is to show the public that the consideration of the Emergency legislation is a continuing process, and that our permanent legislation is being revised in order to provide the necessary powers to meet disturbance situations.

GRS/moj:

Chulah Sneath.

(G.R. Sneath)

Solicitor General

CONFIDENTIAL

4706

1820:6:68

(AL_REGISTRY

INWARD LEFTER

G. F. 73C

0000733

From

Ref.

(53)

Tel. No.

Date

CONFIDENTIAL

Commissioner of Police

CID/CON/15/4 (TS)

MEMO

234011 Ext.259

24th June, 1968

I 41231159

Hon. A.G.

Your Ref(34)

AGO 12/3/1250/67

19.6.1968.

dated

Эг

Review of Emergency Legislation

I agree to E(P)R 96 being incorporated into some permanent legislation though I am opposed to restricting the application of its power to Inspector and above.

There may be occasions when Inspectorate officers are not present. In the circumstances everyone so stopped would have to be taken to a police station or be detained until a police Inspector could be found. There are already similar powers under Sec.54 of Cap. 232 and I can see no objection against the present power under E(P)R 96. In fact as it stands now it is more convenient for the public than it would be if restricted as suggested.

　I am therefore of the opinion that if E(P)R 96 is to go into law in permanent form it should do so as it stands at present.

(C.Y. SZRTP)

for Commissioner &T Police

c.c. Defence Secretary (Attn: Mr. B.V. Williams) -

Circulation

CYST/jw

CONFIDENTIAL

SUNDIDENTIAL

NO..

REGISTRY

4879

DATE 25/6/48

INWARD

G.F. 73C 0000733

From

CONFIDENTIAL

Attorney General's Chambers

Ref. (39) in AGC 12/3/1250/67

MEMO

Hon. Colonial Secretary

(Attn: Mr. B.V. Williams)

Tel. No.

95265

Date

28th August, 1968.

Your Ref

dated

Review of Emergency Legislation

I enclose herewith a draft report. This should have gone forward at the end of July.

I have one or two comments.

(a) As you will see,

I express the hope that on the next review in three months' time it will be possible to recommend that the Emergency (Prevention of Inflammatory Speeches) Regulations and regulation 119D of the Emergency (Principal) Regulations should cease to be in operation. I believe this to be the

case, and I hope that you will be able to agree that we should make this forecast, which is not, of course, binding.

I am

particularly concerned about regulation 119D.

(b) I consider that regulation 96 of the Emergency (Principal)

Regulations is not suitable for inclusion in the permanent law.

This brings us face to face again with the question whether

it is to remain in force as an emergency regulation. I feel strongly that it cannot and the draft report reflects my views.

　　The delay in submitting the report is entirely my responsibility and I want it to go forward as soon as possible now.

I shall, therefore,

be very grateful for such urgent attention as you can give to the matter.

•

Encl:

Commissioner of Police

(Mr. C.Y. SZE-TO)

Jo Mobley

(J.W.D. Hobley)

Acting Solicitor General

CONFIDENTIAL

REGISTRY

46544

24/8/68 INWARD LETTER

CONFIDENTIAL

DRAFT

Review of Emergency Legislation

Progress Report

August 1968

In June, the Governor directed that the

Solicitor General's Committee should report once a

quarter.

Accordingly, a further report was due at

the end of July. I regret the delay in submitting

this report.

Progress on implementation of decisions already

taken.

With respect to those items of emergency

legislation on which decisions have already been

taken, we record that the necessary action is

proceeding in all those cases where the decisions

have not already been implemented. Implementation

of a number of the outstanding decisions involves

amendment of the Public Order Ordinance. The

necessary legislation was well advanced, but a

recent examination of the matter has led to a

decision that it would not be wise to introduce

legislation to amend the Public Order Ordinance

for this purpose without concurrently introducing

at least some of the amendments which have been

proposed to meet the criticism levelled at the

Ordinance after its enactment in 1967. The

- 2 -

2. (contd)

intention now is to introduce, at the same time as

the amendments which are necessary in connection

with the review of emergency legislation, such of

the other amendments as are already agreed. The

necessary bill is now being prepared.

Emergency (Prevention

of Inflammatory Speeches)

Regulations.

Emergency (Prevention

of Inflammatory Posters)

Regulations.

Regulation 119D of Emergency (Principal) Regulatins.

(a)

We recommend that

the Emergency (Prevention of Inflammatory

Speeches) Regulations ;

(b) the Emergency (Prevention of Inflammatory

Posters) Regulations; and

Regulations (which deals with possession of

simulated bombs),

should remain in force for a further three months.

We hope that towards the end of the year it

will be possible to recommend the revocation of the

Emergency (Prevention of Inflammatory Speeches)

Regulations, since the conduct at which these

Regulations are aimed is no longer prevalent prevalent

alternative, consideration might be given to the

As an

-/3.

- 3 -

mite

give lise to resouble

apprehensum As time goes it, this gets difficult to prove.

4. (contd)

addition to the Regulations of a provision enabling

the Governor to discontinue their operation in the

same way as he may discontinue the operation of

Emergency (Principal) Regulations under the new

regulation 137 (5). The Regulations could then

be brought into force again at very short notice if

necessary.

ssary.]

We also hope that it will then he possible

to recommend that the operation of regulation 119D

of the Emergency (Principal) Regulations be discontinued.

This regulation was meaningful and necessary when it

was introduced, but it was necessarily cast in wide

terms. So much so that it cannot be allowed to

remain in force much longer in the absence of any

real problem posed by simulated bombs. It is a

prime example of the sort of loosely drafted law

which will be accepted in the face of an emergency 、

but which becomes a target for severe (and justified)

criticism once the situation which led to its

introduction has passed or ceased to be a substantial

threat.

-/4...

Emergency (Legal Aid in Criminal Cases) (District Court)

Regulations.

Regulation 136A of the Emergency (Principal)

Regulations, which increased to ten years the maximum

sentence which might be imposed by the District Court

for certain offences, ceased to be in force on 24th

May, 1968.

Consequently, the Emergency (Legal Aid in

Criminal Cases) (District Court) Regulations, which

provided for the grant of legal aid where a person

was charged before the District Court with one of the

offences for which he was liable to imprisonment for

more than five years, ought now to be revoked as they

have ceased to have any effect.

Emergency (Firework) Regulations.

We are advised that the payment of

compensation for firework of which possession was

taken under the Emergency (Firework) Regulations is

still proceeding. However, the Commissioner of Mines

has recently announced that he proposes to recommend

that further claims for compensation should not be

entertained after 31st December, 1968. Viewed from

this aspect, the Emergency (Firework) Regulations cannot

be revoked until all outstanding claims made before

that date are settled.

-/5.

- 5 -

There is, however, another aspect.

It is by

virtue of regulation 7 (1) of the Emergency (Firework)

Regulations that the exemption under the Dangerous Goods

(General) Regulations, permitting the storage without

licence of up to 50 pounds of manufactured fireworks, is

temporarily suspended. The Government has recently

announced that the ban on the discharge of fireworks

will not be relaxed for the Lunar New Year in 1969.

shing then

Control of the discharge of fireworks is, of course,

Regulation 59 $7 the Dangerous Goods

exercised under section

(General) Regulations,

of the Summary Offences

Ordinance, a provision which is not affected by the

Emergency (Firework) Regulations, but if, as appears

likely, the ban on the discharge of fireworks is to be

perpetual, it becomes necessary to review the need for

the continuance of the exemption under the Dangerous

Goods (General) Regulations in favour of small quantities

of manufactured fireworks.

We recommend that this question receive early

attention so as to pave the way for the revocation of

the Emergency (Firework) Regulations as soon as all

outstanding claims for compensation are settled.

-/6 . .

Regulation 96 of

the Emergency (Principal)

Regulations.

10.

The difficult question with which we have been

faced is the future of regulation 96 of the Emergency

(Principal) Regulations, which imposes a duty to give

one's name and address, and produce papers by which one

can be identified, on the demand of any police officer

or member of the Armed Forces. In February, the

Governor directed that this regulation should remain in

force for the time being and that the Commissioner of

Police should be consulted as to the provision of

permanent legislation in acceptable form. As was the

case in February, the Committee has not been able to

reach agreement.

11.

The Commissioner of Police considers that the

situation in Hong Kong continues to be such as to warrant

the continuance in force of regulation 96 or the addition

to the permanent law of a comparable provision.

February, he urged that the power which the regulation

confers is useful not only in crisis conditions but also

in such cases as peaceful picketing and people distributing

water in the streets or gathering on hillsides singing

songs during picnics.

-/7.

12.

- 7

Regulation 96 is, of course, useful because

it operates in terrorem on members of the public, who

are anxious to avoid having their names and addresses

in Police records.

Consequently, the threat of taking

names and addresses may induce members of the public to

desist from perfectly lawful activities. It would, for

example, be most unfortunate if it were to be said that

the continuance in force of regulation 96 prevented workers

from taking lawful steps to improve conditions of employment

or from picketing in a lawful manner. On the other hand,

there is no objection to the conferring of power to require

names and addresses to be given where it can be shown that

it is really necessary to do so for the effective enforcement

of the law. Section 29 (1) of the Road Traffic Ordinance

affords a good example. A similar provision could be made

in other cases where effective enforcement of the law makes

it necessary to do so.

13.

In our report in February, we said that this

regulation is intended "for crisis conditions where disorders

and unrest are so widespread that any person is liable to

be viewed with suspicion by the security forces".

During

-/8.

we have not bee

able to find any

which Regalo

way

em be introduced

with the permanent law.

13. (contd)

our deliberations, the idea was canvassed that regulation

96 might be made part of the permanent law if the power

to require names and addresses to be given were limited

to police officers of the rank of inspector and above.

The Commissioner of Police maintains that this is not

practicable and it is doubtful in any event whether this

limitation would make the power any more acceptable as

part of the permanent law.

14.

Having regard to all the foregoing matters, I

consider that a power at all comparable to that conferred

by regulation 96 cannot be introduced into the permanent

law. I also consider that in the conditions now prevailing

in Hong Kong the continuance in force of this power by way

of emergency regulation cannot be justified. It can be

the means of oppression and is open to abuse.

G.F. 73C

From

Ref.

(59)

0000733

Tel. No.

Date

CONFIDENTIAL

Commissioner of Police

CID/CON/15/4 (TS)

234011 Ext.259

3rd September, 1968

MEMO

Hon. Colonial Secretary

(Attn: Mr. B.V. Williams)

Your Ref

dated

Review of Emergency Legislation

Please refer to the Hon. A.G.'s memo (39) in AGC 12/3/1250/67

dated 28/8/68 copied to me.

I have the following comments: -

(a)

(b)

(c)

(a)

(e)

Emergency (Prevention of Inflammatory Speeches) Regs. Emergency

Prevention of Inflammatory Posters) Regs.

I do not agree that the conduct at which these Regs. are aimed is no longer prevalent. We are still having difficulties with posters inflammatory and otherwise. Unless and until new legislations are made to control posters, banners and writing of slogans on roadways etc., these regulations must be retained.

Regulation 119D of the Emergency (Principal) Regulations

which deals with possession of simulated bomb).

The Police are still coming across simulated bombs from time to time and it is still too early to predict that they will not be coming back in force. I do not recommend that these regulations should be revoked now.

Emergency (Legal Aid in Criminal Cases) (District Court) Reg.

I agree that these regulations should now be revoked.

Emergency (Firework) Regulations

I do not recommend any re-examination or relaxation on the ban on storage of fireworks. Any relaxation may be used by trouble makers as a loop-hole for obtaining explosives.

Regulation 96 of the Emergency (Principal) Regulations

I recommend that this Regulation should be retained in its present form either in the Emergency (Principal) Regs. or in some other permanent legislation, possibly the Police Force Ordinance. My views on this matter were fully expressed in my memo (53) in CID/CON/15/4 (TS) dated 24/6/1968 address to the Hon. A.G. and copied to you.

　　　I would like to point out that up to now public opinions on the se regulations are that they are necessary weapons to combat a public danger.

CONFIDENTIAL

...

2/-

FIDENTIAL REGISTRY

NO.66.67

TR..3

DATE.

The manner in which members of the public welcome the ban on fireworks is a very good example. So far as the public are happy I do not see any necessity for the hasty removal of legislations which has proved to be so useful to the Police.

c.c. Hon. A.G.

(Attn: Mr. J.W.D. Hobley) Circulation

CYST/jw

(C.Y. SZE-TO )

for Commissioner of Police

2600027 C.S. 20A

SAVINGRAM

From the Governor, Hong Kong Commonwealth Affairs To the Secretary of State for Me Contes

Repeated to:-

Repeated to

Date

4th Se: teaber, 1958.

My Reference CB 2/3011/46

Your Reference..

可

No.

1124

No.

onviny

Mr. Crooch Jones' Circular Savingrm of 18th July 1946.

Mpeproner le islation

In accorlance with the request in the last paragraph of the under roference, I report below the six months period from 1st March 1968 to 31st August 1968.

eneral position for the

Dañonce Nulations

(1)

ཊུལུ

(2)

lio Defence Rogilations were enacted or revoked during this period.

Baruncu Ramlatione

No new Bergency Regulations were enacted during this period.

Azeriments

　　　　By the Enor ency (Principal) (Amendment) Berulations 1968 (L.N.79/68), the aer oney (Principal) Regulations were amended by inserting two new para,raphs in regulation 137 thereof to confer power on the Governor to discontinue the operation of any regulation of these Bagulations. Provision was also included to make it clear that an offonce comitted under any regulation before its operation was dis- contimed say be prosecuted notwithstanding such discontimaɑnce.

(3)

Dizosati,mance of Operation

　　　　By the ther ency (Principal) Regulations (Discontinuance) Order 1968 (L.N. 42/68), he operation of the regulations of the morgency (Principal) Regulations specified in the Table hereto was discontinued.

TABLE.

Bazulation

119A

1193

136A

Bensal

Subject matter

Orders for the opening or closing of premises. Parsons frequenting or found in preaises containing ams, offensive weapons, etc. to be guilty of offence. Fersons found in premises to which authorized officer denied access to be guilty of offence.

Modification of District Court Ordinance incressing Court's power of sentence for cert in offences.

By the Emer ency Regulations (Repeal) Orier 1968 (L.H. 43/68), regulations 107 and 127 of the Bergandy (Principal) Regulations (which conferred power relating to the dispersal of mermblies and the prohibition of meetings) were repealed, in consequence of the incorporation of the substance of these regulations in the Public Order Ordinance.

CC CR 6/3251159

сс

GAF. 735

0000732

CONFIDENTIAL

From

Ref. (44) in

Acting Solicitor General

AGC.12/3/1250/67S

MEMO

Hon. C. S. (for Mr. P. B. Williams)

Tel. No.

95265

Your Ref.

Date

6th September, 1968.

dated

Review of Emergency Legislation.

I enclose herewith a stencil of our report for the quarter ending in July. I regret the delay.

I shall be grateful if I may have two copies in due course and if you will let the Commissioner of Police have such copies as he requires.

c. c. C.P. (CID/CON/15/4 (TS))

Jo Mobley

(J. W. D. Hobley) Acting Solicitor General

CONFIDENTIAL

2. (Painottal) Rorulations were amended by

0003230

G.F. 323

CONFIDENTIAL

MEMO

From: Colonial Secretariat.

To:

Distribution below.

Ref: (213) in CR 6/3231/59 III

Tel. No. 95474

Date: 12th September, 1968.

Review of Emergency Legislation.

progress report by the Acting Solicitor-General is attached. It is proposed to consider this paper at Government House on Friday 20th September, 1968.

Hum

(J.A. Harrison)

Secretary, Governor's Committee.

Distribution:

P.S. to H.E. the Governor.

M.A. to C.B.F. (2)

Hon.-U.S.

S.C.A

·AG.

S.G. (2)

D.C.N.T/

C. of L

D.S.

D. of E.

C.P.

D.S.B.

D.I.S./

Secretaries (2)

Encl.

3519

12.9.68

CONFIDENTIAL

323

CONFIDENTIAL

}

Progress on implemen- tation of decisions already taken.

Emergency (Prevention of Inflamma-

REVIEW OF EMERGENCY LEGISLATION

PROGRESS REPORT AUGUST 1968

In June, the Governor directed that the Solicitor General's Committee should report once a quarter. Accordingly, a further report was due at the end of July. I regret the delay in submitting this

report

With respect to those items of emergency legislation on which decisions have already been taken, we record that the necessary action is proceeding in all those cases where the decis: ons have not already been implemented. Implementation of a number of the outstanding decisions involves amendment of the Fublic Crder Crdinance. The necessary legis lation was well advanced, but a recent examination of the matter has led to a decision that it would not be wise to introduce legislation to amend the Public Order Ordinance for this purpose without concurrently introducing at least some of the amendments which have been proposed to meet the criticism levelled at the Crdinance after its enactment in 1967. The intention now is to introduce, at the same time as the amendments which are necessary in connection with the review of emergency legislation, such of the other amendments as are already agreed. The necessary Bill is now being prepared.

tory Speeches) Regulations. Emergency (Prevention of Inflamma- tory Posters) Regulations. Regulation

119D of Omer-

We recommend that

(a) the Emergency (Prevention of Inflammatory Speeches)

Regulations;

(b) the Emergency (Prevention of Inflammatory Posters)

Regulations; and

(which deals with possession of simulated bombs),

gency (Prin- should remain in force for a further three months. cipal) Regulations.

We would point out that regulation 1190 of the Emergency (Principal) Regulations may soon cease to have any practical application, even if it remains technically in force,

A "simulated bomb" is an object

which if found in a street or public place would be likely to give rise to a reasonable apprehension that it might be a bomb or other explosive device. In the face of a continuing absence of real bombs,

11 'simulated bombs" (as defined) will also cease to exist because it will no longer be the case that an object found in a street or public place would be likely to give rise to the belief that it might be a bomb.

CONFIDENTIAL

343

CONFIDENTIAL

Emergency (Legal Aid in Criminal

Regulation 136A of the Emergency (Principal) Regulations, which increased to ten years the maximum sentence which might be imposed by the District Court for certain offences, ceased to be in force on 24th May, 1968. Consequently, the Emergency (Legal Aid in Criminal Regulations. Cases) (District Court) Regulations, which provided for the grant of

Cases) (District Court)

Energency (Firework) Regulations.

Rogulation 96 of the Emergency (Principal) Regulations.

legal aid where a person was charged before the District Court with one of the offences for which he was liable to imprisonment for more than five years, ought now to be revoked as they have ceased to have any effect.

We are advised that the payment or compensation for firework of which possession was taken under the Emergency (Firework) Regulations is still proceeding. However, the Comissioner of Mines has recently announced that he proposes to recommend that further claims for compen- sation should not be entertained after 31st December, 1968. Viewed from this aspect, the Emergency (Firework) Regulations cannot be revoked until all outstanding claims made before that date are settled.

There is, however, another aspect. It is by virtue of regulation 7(1) of the Energoncy (Firework) Regulations that the exemption under the Dangerous Goods (General) Regulations, permitting the storage without licence of up to 50 pounds of manufactured fireworks, is temporarily suspended. The Government has recently announced that the ban on the discharge of fireworks will not be relaxed for the Lunar New Year in 1969. Control of the discharge of fireworks is, of course, exercised under regulation 59 of the Dangerous Goods (General) Rogu- lations, a provision which is not affected by the Emergency (Firework) Regulations, but if, as appears likely, the ban on the discharge of fireworks is to be perpetual, we propose that the exemption under the Dangerous Goods (Gonoral) Regulations in favour of small quantities of manufactured fireworks should be revoked, so that no firework whatever may be stored without a licenco.

We recommend that this question receive early attention so as to pave the way for the rovocation of the Emorgency (Firework) Regulations as soon as all outstanding claims for compensation are settled.

The difficult question with which we have been faced is the future of regulation 96 of the Emergency (Principal) Rogulations, which imposes a duty to give one's name and address, and produce papers by which one can be identified, on the demand of any police officer or membor of the Armed Forces. In February, the Governor directed that this regulation should remain in force for the time boing and that the Commissionor of Police should be consulted as to the provision of pormanont logislation in acceptable form.

CONFIDENTIAL

F. 323

10.

CONFIDENTIAL

The Commissioner of Police considers that the situation in

Hong Kong continues to be such as to warrant the continuance in force of regulation 96 or the addition to the permanent law of a comparable provision. In February, he urged that the power which the regulation confers is useful not only in crisis conditions but also in such cases as peaceful picketing and people distributing water in the streets or gathering on hillsides singing songs during picnics.

11.

Regulation 96 is, of course, useful because it operates in terroran on members of the public, who are anxious to avoid having their names and addresses in Police records. Consequently, the threat of taking names and addresses may induce members of the public to desist from perfectly lawful activities. It would, for example, be most unfortunate if it were to be said that the continuance in force of regulation 96 prevented workers from taking lawful steps to improve conditions of employment or from picketing in a lawful manner. Cn the other hand, there is no objection to the conferring of power to require names and addresses to be given where it can be shown that it is really necessary to do so for the effective enforcement of the law. Section 29(1) of the Road Traffic Crdinance affords a good example. A similar provision could be made in other cases where effective enforcement of the law makes it necessary to do so.

12.

The Commissioner of Police appreciates the objections referred to in paragraph 11, but says that, as is the case with all emergency powers, the power conferred by regulation 96 will be exercised with discretion. He urges that there is a large measure of public support for the continuance in force of emergency powers.

13.

My view, having regard to those objections and to the conditions now prevailing in liong Kong, is that regulation 96 should not be continued in force.

14.

We do not think that regulation 36 or any comparable power should be introduced into the permanent law. In our report in February we said that this regulation is intended "for crisis conditions where disorders and wirest are so widespread that any person is liable to be viewed with suspicion by the socurity forces", During our deliberations, the idea was canvassed that regulation 96 might be made part of the permanent law if the power to require names and addresses to be given were limited to police officers of the rank of inspector and above. Commissioner of Police maintains that this is not practicablo and it is doubtful in any event whether this limitation would make the power any more acceptable as part of the permanent law.

The

CONFIDENTIAL

EXTRACT FROM A MEETING HELD AT GOVERNMENT HOUSE ON

20TH SEPTEMBER, 1968, (GHM 38/68)

CONFIDENTIA I

654.

Review of Emergency Legislation (319/68

Confidential

H.E. deferred discussion on the S.G.'s Committee Progress Report until 27th September, but made the following comments :

(a) Fireworks. A licence should be

required for the holding of up to 50 lbs. Storage of amounts in excess of this should be prohibited.

(b) E(P)R 96. The phraseology should be examined and the application o the regulation to the Armed Forces lookrf inyo

be examined.

Action S.G.

EXTRACT FROM AMEETING HELD AT GOVERNMENT HOUSE ON 27TH SEPTEMBER, 1968. (GHM 39/68)

CONFT ENTIAL

•

$70. Review of Emeracy 1.

Legislation (654765)

Confidential

S.G.'s progress report was considered and the recommendations in paragraphs 3, 5 and 7 of the port agreed.

H.E. directed that:

Regulation 133 A of L(P)R be revoked when other amendments were published.

(a)

(b)

The Dangerous Goods (General)

Regulation be amended to

(c)

require a licence for the

storage of any amount of

fireworks.

E(P)R 96 remains in force for

the present. S.G. should

⚫onsider with C.P. and H.Q.3.F. the provision of acceptable permanent legislation.

A.G. pointed out that E(F)R 101 was not at present in forge and that such powers as were necessary would be incorporated in the Public Order Ordinance in due course,

Action S.G.

CONFCON, LIAI

730 0000733

From

Ref. (46)

CONFIDENTIAL

Attorney General's Chambers

AGC 12/3/1250/67.

;

MEMO

216

Defence Secretary (2)

Tel. No.

95265

Your Ref

.in....

Date

30th September, 1968

dated

Review of Emergency Legislation

The Progress Report of our Committee dated August 1968 was considered by the Governor's Committee last Friday. This means that the next Progress Report will be due at the end of December.

　　The recommendations contained in paragraphs 3 and 5 of the Report were accepted.

With regard to the Emergency (Firework) Regulations, the

Governor directed that there should be an amendment to the Dangerous Goods (General) Regulations which did not go so far as to suggest

that the policy was that the ban on the discharge of fireworks is

to be perpetual. It was agreed that this could be achieved by

simply requiring every person to have a permit for the storage of

manufactured fireworks. This would entail the deletion of the proviso in Regulation 10 (5) of these Regulations. The Defence

Secretary is requested to arrange for drafting instructions to b

issue accordingly,

With regard to Emergency (Principal) Regulation 96, the consensus of the Governor's Committee was that a regulation along these lines would be required as part of Hong Kong's permanent

legislation. The C.B.F. took the point that this power was necessary where troops were required to search a village in the N.T. for suspected intruders from C.T. The problem which now faces our Committee is to put up a recommendation for a form of permanent legislation which will be acceptable. I think the Governor's Committee recognise that the Regulation as it now stands would not

be acceptable,

7316

TENTIAL REGISTRY

•ATE 1107.68

YWARD

LETTER

CONFIDENTIAL

-/2..

I outlined to the Governor's Committee a suggestion for legislation which might be acceptable.

This can be

summarised as follows :

(a) On the occasion of any incident an Inspector of Police

(andequivalent military rank) may order the taking of names and addresses of any person or group of people ;

(b) where there is a more important or more widespread

incident a Divisional Superintendent of Police (and equivalent military rank) may authorise the men under his command to take names and addresses generally

within an area specified in his authorisation for a

limited period, say 24 hours;

and

form of crisis, the C.P. may authorise all Police and

Military personnel to take names and addresses anywhere in the Colony for a limited period, say one week.

I would like the Committee to meet to discuss this

proposal, with particular reference to the practicalities of the situation and to the involvement of military personnel. May I suggest that the Defence Secretary discusses this with H.Q. Land Forces. The idea that the C.P. should give the Colony wide authorisation is not intended to deprive the appropriate military Commander of a like responsibility, but it seems appropriate in view of the POL/MIL organisation that has been established, to vest this statutory in a single authority; and since this i essentially a civil matter the C.P. seems the obvious authority. But above all let us have no delays and awkwardnesses occasioned

by the raffling of feathers.

power

c.c. C.P. (Mr. C.Y. SZE-TO).

Law Draftsman

Graham Queath.

(G.R. Sneath)

Solicitor General

GRS/mej:

G.F. 73

0000733

CONFIDENTIAL

From

Ref. (66) in

Tel. No.

Date

Commissioner of Police

CID/CON/15/4

234011 Ext.259

4th October, 1968

MEMO

To Hon. Attorney General

Your Ref (46) in AGC_12/,/125/6]

dated

30.9.68.

Review of Emergency Legislation

　　　I have examined the proposed new draft in Para.5 of the above quoted memo and am of the opinion that there could still be occasions when officers of Inspectorate rank or above may not be available or present to order the taking of names, etc. I doubt the practicability of limiting the power in given circumstances to officers of certain ranks. In any event it is doubtful whether this limitation would make the power any more acceptable to the public as part of the permanent law.

Under Common Law citizens have a duty to help a police officer to discover and apprehend offenders (Please see Stone's Justice's Manual, Vol. 1, 1968 Part III Practice and Evidence, Page 422). If they refuse or fail to assist the Police by giving their names, etc., I consider they should be penalised. I therefore, as an alternative, suggest that the following or similar terms may be acceptable:-

"Where a police officer suspects on reasonable grounds that

an offence has been committed or is likely to be committed, and when required to do so by such an officer acting in the course of his duty, every person shall give his correct name and address

I am prepared to discuss further at your convenience.

c.c. Defence Secretary-

Circulation

CYST/jw

(C.Y. SZE-TO)

for Commissioner of Police

CONFIDENTIAL

REGISTRY

1175,0

E.. 87+0/68

DATE..

INWARD LETTER

CONFIDENTIAL

G.F. 323

CONFIDENTIAL

MEMO

From

Colonial Secretariat

Hon Attorney General

Ref

(217) in CR 6/3231/59 III

Ref

AGC 12/3/1250/67

Phone

95302

Date

10th October 1968

Date

30th September 1968

Review of Emergency Legislation Emergency (Firework) Regulations

The Governor has directed that there should be an amendment to the Dangerous Goods (General) Regulations which did not go as far as to suggest that the policy was that the ban on the discharge of

fireworks was to be perpetual. This can be achieved by simply requiring every person to have a permit for the storage of fireworks. This entails the deletion of the proviso in Regulation 10 (5) of these Regulations.

2. The drafting of this legislation has been approved for List C of the Drafting Programme

C.C.

S.C.A. 3.G. D.C.N.T. C. of L. D.S.

D. of E.

C.P. D.S.B. D.I.S.

11 Didy).

(T.J. Bedford)

for Defence Secretary

CONFIDENTIAL

.F. 323

CONFIDENTIAL

MEMO

From

Colonial Secretariat

Hon Attorney General

Ref

(217) in CR 6/3231/59 III Ref

AGC 12/3/1250/67

Phone

95302

Date

10th October 1968

Date

30th September 1968

Review of Emergency Legislation - Emergency (Firework) Regulations

The Governor has directed that there should be an amendment to the Dangerous Goods (General) Regulations which did not go as far as to suggest that the policy was that the ban on the discharge of

fireworks was to be perpetual. This can be achieved by simply requiring every person to have a permit for the storage of fireworks, This entails the deletion of the proviso in Regulation 10 (5) of these Regulations.

2. The drafting of this legislation has been approved for List C of the Drafting Programme

C.C.

11 Bidp.

(T.J. Bedford)

for Defence Secretary

S.C.A. S.G. D.C.N.T. C. of L. D.S.

D. of E. C.P. D.S.B.

D.I.S.

CONFIDENTIA

10/10/08

OUTWARD

3771

LETTER

CONFIDENTIAL

しめん

0000733

CONFIDENTIAL

Attorney General's Chambers.

30/1250/67

From

Ref. (42)

Tel. No.

Date

MEMO

AGC 12/3/1250/67. The Ho/68.

95623

10th October, 1968.

214

To Hon. Commissioner of Labour and Mines.

Your Ref

dated

213

Review of Emergency Legislation Fireworks -

Dangerous Goods (General) Regulations.

in a memo dated the 30th September 1968 from the Solicitor General

to the Defence Secretary in connection with the review of Emergency Legislation, paragraph 3 was as follows

"With regard to the Emergency (Firework) Regulations, the Governor directed that there should be an amendment to the Dangerous Goods (General) Regulations which did not go so far as to suggest that the policy was that the ban on the discharge of fireworks is to be perpetual. It was agreed that this could be achieved by simply requiring every person to have a permit for the storage of manufactured fireworks. This would entail the deletion of the proviso in Regulation 15) of these Regulations. The Defence Secretary is requested to arrange for drafting instructions to issue accordingly.".

I understand that you administer the Dangerous Goods Ordinance and accordingly, I send you herewith a first draft of the amending regulations

upon which I shall be obliged to have your comments. The amending regulations are short and straightforward and as such can, I think, be dealt with without

going into the drafting priorities list.

I have classified this memo as confidential as it seems to me that

communications relating to fireworks may still require to be dealt with

confidentially. If you take a contrary view please let me know.

JF Mellon

-(J.F. McKeon)

Law Draftsman.

C.C. Hon. Colonial Secretary.

JPW/es.

CONFIDENTIAL

LECISTRY

7639

DATE..

11/10/68 INWARD LETTER

CONFIDENTIAL

DANGEROUS GOODS ORDINANCE.

(Chapter 295).

Dangerous Goods (General) (Amendment) Regulations 1968.

In exercise of the powers conferred by section 5 of the

Dangerous Goods Ordinance the Governor in Council has made the

following regulations -

Citation.

Amendment of regulation 10. (Cap. 295, sub. leg.)

1. These regulations may be cited as the Dangerous Goods

(General)(Amendment) Regulations 1968.

2. Regulation 10 of the principal regulations is amended

in paragraph (5) by deleting the proviso thereto.

Explanatory Note.

(This Note is not part of the regulations but is intended

to indicate their general purport).

Regulation 10 of the Dangerous Goods (General) Regulations

provides that except as provided by that regulation or otherwise, no

explosives shall be stored otherwise than in a Government explosives

depot on Green Island or in a Mode A store. Manufactured fireworks are

by definition explosives and by paragraph (5) of regulation 10 such

fireworks not exceeding 400 lbs. in weight may be stored in a Mode B

store. The proviso to that paragraph exempts manufactured fireworks

in a quantity not exceeding 50 lbs. in weight from the ambit of

regulation 10.

These regulations provide for the deletion of the proviso

and accordingly manufactured fireworks (which by definition are

explosives) must be stored in the Government Explosives depot on Green

Island or in a Mode A store; a quantity of manufactured fireworks not

exeeding 400 lbs.in weight may be stored in a Kode B store, and the exception in relation to the storage of a quantity of manufactured fire-

works not exceeding 50 lbs. in weight ceases to have effect.

From

G.F. 73

Правка

Spoken Sport | Sneakt

Attorney General's Chambers.

Ref. (49). in AGC 12/3/1250/67 (8)

Tel. No.

Date........

95265

14th....October....1.968.............

MEMO

fixed for 9.30m 23.19

To Commissioner of Police

(Attn: Mr. SZE-TO)

Your Ref. (6.6). in. C.ID/CON/15/4.

dated...

In diary

4th October, 1968.........

Review of Emergency Legislation

Mr. Bedford has indicated that he would be available to

discuss the quarterly Review at 11 a.m. on Wednesday the 23rd of

October in this office. I shall be grateful if you could confirm that this time and place is suitable to you, or else to suggest

another time.

(G.R. Sneath)

Solicitor General

CONFIDENTIAL

REGISTRY

NO...7785 DATE 16:10 68

INWARD

LETTER

c.c. Defence Secretary

(Attn: Mr. Bedford)

GRS/mej:

G.F13C

0000733

From

CONFIDENTIAL

Attorney General's Chambers

Ref. (51) in AGC 12/3/1250/67 S

MEMO

220

Defence Secretary (Attn: Mr. Bedford) Commissioner of Police (Attn: Mr.

SZE-TO)

Tel. No.

95265

Date

23rd October, 1968.

Your Ref

dated

Review of Emergency Legislation

At the meeting this morning Mr. SZE-TO undertook to provide

the Police view as to the need for the further retention of the Emergency Regulations dealing with inflammatory speeches and inflammatory posters, and Regulation 119D which deals with the possession of simulated bombs. This assessment would be made at the end of November in time

for the Committee to make its quarterly report in December.

/3231-59

　　The Committee then considered Regulation 96, and in particular the formula put forward in the memorandum from the C.P. dated 4th of October. This formula did not commend itself to the other members of the Committee, and we see no chance of it being recommended to the Governor's Committee for inclusion in permanent legislation.

I think I accurately represent the views of the Defence Branch representative, as well as my own, when I state that in our opinion the need to take names and addresses would in normal times arise only after some serious incident (such as a Bank robbery) or when a planned Police operation was in progress; and on either of these occasions a Police officer of the rank of Inspector or above could be expected to be on the scene in charge. This we think is very different from allowing any P.C. to demand names and addresses indiscriminately with the sole limitation being that he had reasonable grounds for suspecting that somebody had spat in public or driven his car without due care and attention. It is not being suggested that the ordinary P.C. would abuse this power. It is this possibility of abuse without any clear requirement for the power that makes such legislation unacceptable.

In discussion it was suggested that an acceptable limitation might be found in a provision that required the P.C. to have reasonable I undertook accordingly to grounds for demanding names and addresses.

FIDENTIAL REGISTRY

NO...79.76

ATE. 24+1.0/68 INWARD LETTER

CONFIDENTIAL

-/2.

2 -

4. (contd)

provide a draft on which the C.P.'s instructions may be taken. I remain doubtful as to whether a need can be shown for such a power, even in this limited form, to be vested in the rank and file. I do not however wish to have to report to the Governor's Committee that we have been unable to reach agreement until every possible compromise has been considered.

The formula which I have in mind is along these lines Where a Police officer has reasonable grounds for demanding that a person shall give his correct name and address, whether by reason of any suspicious conduct on the part of that person or because the Police officer has

cause to suspect that such person has committed an offence

or for any other good reason, the person whose name and address is demanded shall thereupon give it

Corn Cam Dueath

(G.R. Sneath)

Solicitor General

GRS/mej:

738

0000732

CONFIDENTIAL

MEMO

Colonial Secretariat

CR 6/3231/59 II

From

Ref. (221),

Tel. No.

95302

Date

24th October, 1968

2<1

Attorney General

Your Ref.

(51) AGC 12/3/1250/67 S

dated

Review of Emergency Legislation

I confirm that the formula at para 5 of the Attorney General's memo under reference has my support as a possible compromise.

C.C.

CONFIDENTI

25/10/68 3889

OUTWARD ETTE

Com. of Police (atta Mr. SZE-TO)

(T.J. Bedford)

for Defence Secretary

CONFIDENTIAL

G.A73B 0000732

From

Ref. (70) in

Tel. No.

Date

CONFIDENTIAL

Commissioner of Police

CID/CON/15/4 (TS)

234011 Ext.259

5th November, 1968

MEMO

To Hon. Attorney General

Your Ref. (51) in AGC 12/3/1250/67 s

23.10.68.

dated

Review of Emergency Legislation

I agree with the proposed formula at Para.5 of the

above memo.

c.c. Defence Secretary

(Attn: Mr. Bedford)

( C.Y. SEE-TO )

for Commissioner of Police

CONAMENTIAL

DATE.

PELISTRY

8276

INWARD

LETTER

CONFIDENTIAL

G.F. 73C

0000793

CONFIDENTIAL

Commissioner of Police

MEMO

Hon. Attorney General

From

Ref. (71) in

CID/CON/15/4 (TS)

Tel. No.

234011 Ext.259

Your Ref (51)

Date

15th November, 1968.

dated

AGC 12/3/1250/67 8

23.10.68.

223

Review of Emergency Legislation

Please refer to Para.l of the above quoted memo,

　　　We are still from time to time getting cases of simulated bombs and there is no definite sign that they may not recur in force. There is now no permanent legislation to deal with simulated bombs. Until such is legislated I consider that Reg.119D should be retained.

　　　Cases of inflammatory speeches or inflammatory posters are now rather rare. However, there is at present no effective legislation to control posters, hoisting of banners against walls and writing of slogans on roadways. Until effective legislation against such, which I understand is under consideration, I am of the opinion that the Emergency Regulations dealing with inflammatory speeches and inflammatory posters should be retained.

c.c. Defence Secretary (Attn. Mr. Bedford)

Circulation.

( C.Y. SZ-TO )

for Commissioner of Police

CONFIDENTIAL

CONFIDENTIAL RECISTRY

NO.

8573 DATE/6/4/68

INWARD

LETTER

0000733

CONFIDENTIAL

From

Attorney General's Chambers

Ref. (56) in AGC 12/3/1250/67 (s)

MEMO

Commissioner of Police

(Attn: Mr. C.Y. SZE-TO)

Your Ref (71) in

CID/CON/15/4 (TS)

15th November, 1968.

Tel. No.

95265

Date

19th November, 1968.

dated

Review of Emergency Legislatin

Your most recent memorandum on this subject seems

to reflect a fundamental divergence of approach between us. If I interpret it correctly the Police view is that because simulated bombs may again make rare appearances, and because the occasional poster or banner may be put up, then the Emergency Regulations relating to these things should remain in force until replaced by permanent legislation.

I would suggest that it is not enough to consider only that these objects may still appear from time to time, but rather must regard be had for the circumstances in which they appear, and which in my opinion determine the seriousness of the event. The Emergency Regulations dealing with simulated bombs were

introduced, and in my view justified, in a situation where their use was causing widespread disruption of transport, loss of morale and confidence in Government and where their continuing success might have opened the way for a more general campaign of terrorism. The Regulations on inflammatory speeches and posters were similarly introduced in a climate of violence and constant threats of the use of force to over-throw the Government.

It was to meet these threats that the Security Forces required, and were given, very wide powers in these Regulations; and at the same time to ensure that the guilty were convicted when caught and given deterrent punishment, the Regulations were drafted in terms so broad as to render liable to such punishment many who were not culpable of any subversive activity. suggested above, all this was necessary and justified in the circumstances then prevailing.

CANLIDENTIAL

NO.

REGISTRY

8651

DATE..20

-20/11/68) INWARD LETTER

CONFIDENTIAL

-/2

- 2 -

Though it may be true that subversion in Hong Kong remains latent and that the Colony's security could be menaced again at short notice, it is surely accepted that there are no

imminent threats such as those referred to above. If these

Regulations are incorporated in the general body of the Emergency (Principal) Regulations, not in force but available at an instant's notice, I would have thought that potential

threats were fully provided for.

In maintaining that the continuing in force of these Regulations can only be justified by the existence of imminent threats, such as existed in 1967, I believe I may

reflect the views of the Defence Branch, If there is this fundamental divergency of approach between us, I think the general policy question will have to be referred to the .Governor's Committee. But first we should define our own

positions carefully so that the alternatives can be concisely

itio and cogently put before that Committee.

Conhamoneath.

(G. R. Sneath)

Solicitor General

c.c. Defence Secretary

(Attn: Mr. Bedford)

GRS/mej:

0000733

CONFIDENTIAL

MEMO

(225)

From

Colonial Secretariat

Ref. (225)in CR: 6/3231/59 iii

Tel. No.

Date

95302

Commissioner of Police

Att: Mr Sze-To

Your Ref (71) in CID/CON/15/4 (TS)

21st November 1968

dated

15th November 1968

Review of Emergency Legislation

I sincerely hope and believe that it will not be necessary for us to have recourse to the Governor's Committee. I know you are fully aware of the sensitive state of public opinion regarding Emergency Legislation, and at this particular time it would be wise to avoid any contention regarding Emergency Legislation dealing with simulated bombs and inflammatory posters which might become a public issue.

I think it would be a confession of defeat by our Committee if we were to return to the Governor's Committee on this issue and I am in agreement with the statement in paragraph 4 of the Solicitor General's memorandum.

cc:Hon A.G.

TJB/ap

(T.J.Bedford)

for Defence Secretary

CONFIDENTIAL

ENCLOSURE NO(S) :(226)

REMOVED TO: TO:

229 (230)

6/3231/59

૨૨૯) (૭૨૮) ૨૨૨

(HAS (HAVE

BEEN

11/12/68

ENCLOSURE NUMBER

Exco Float.

HAS BEEN REMOVED TO : COUNCILS DIVISION

AND IS NOW ENCLOSURE NUMBER :

IN FILE NUMBER :

COU CR 7/1136/63

FLOAT

PROFORMA A

DRAFT

FLOAT

1. (1) The Governor may by order authorize the use by Her Majesty's naval, military or air force services, the Hong Kong Royal

Naval Reserve, the Hong Kong Regiment (The Volunteers) or the Hong Kong Auxiliary Air Force of any area of land or water in the Colony as an area in or into which practice firing of the weapons specified in the order

may take place and may by such order specify

(a) the period of notice to be given before practice firing in or into the firing area may take place on any occasion and

the person by whom such notice is to be given;

(b) the days on, and the times between, which practice firing in

or into the firing area may not take place;

in or into the firing area; and

(a) any other conditions subject to which practice firing in or

into the firing area may take place.

(2) Where in the case of any fiting area the site from which

weapons will be fired into the firing area is not within the firing area, the Governor may by the order under subsection (1) authorize firing to take place over the land between such site and the firing area, or not such land is occupied solely by the Crown and notwithstanding

that such land, or any part thereof, is a public place.

whether

(3) The Governor may by order amend any order under subsection (1).

2. (1) Where warning is being given in accordance with the requirements of an order under subsection (1) of section 1 that practice

firing is taking place in or into a firing area

(a) no person shall enter or remain in the firing area without

lawful authority or reasonable excuse;

(a) /

where

(b) where the firing area consists of or includes any area

of water in the Colony, no vessel shall be brought into, or permitted to remain in, the firing area without lawful

authority or reasonable excuse;

the firing area without lawful authority or reasonable excuse.

(2) Any person who contravenes paragraph (a) of subsection (1) shall be guilty of an offence and shall be liable on summary conviction

to a fine of one thousand dollars and to imprisonment for six months.

(3) In the event of a contravention of paragraph (b) or (c) of

subsection (1), the person in charge of the vessel or aircraft shall be

guilty of an offence and shall be liable on summary conviction to a

fine of one thousand dollars and to imprisonment for six months.

3. (1) Any commissioned officer or non-commissioned officer of

Her Majesty's naval, military or air force services or of the Hong

Kong Royal Naval Reserve, the Hong Kong Regiment (The Volunteers) or

the Hong Kong Auxiliary Air Force on duty in or about any firing area

may

(a) remove from the firing area any person who he reasonably

suspects has entered the firing area, or is remaining

therein, in contravention of paragraph (a) of subsection (1)

of section 1 or any vessel that he reasonably suspects has

been brought into, or is being permitted to remain in, the

firing area in contravention of paragraph (b) of subsection (1)

of section 1;

(b) arrest any person who he reasonably suspects has so entered

or is so remaining in the firing area.

(2) Any person who is arrested under subsection (1) shall be

delivered into the custody of a police officer or taken to a police

/ station *****

3 -

station as soon as practicable and thereupon the Police Force Ordinance

shall apply.

(1) If the death of any person is caused, or any person is

injured or suffers any loss or damage, by or as a result of practice

firing in or into a firing area, then, subject to subsections (2) and

(3), full compensation shall be paid by the Commander, British Forces,

where the practice firing was by Her Majesty's naval, military or air

force services and by the Government where the practice firing was by

the Hong Kong Royal Naval Reserve, the Hong Kong Regiment (The Volunteers)

or the Hong Kong Auxiliary Air Force.

(2) Compensation shall not be payable under subsection (1)▼

(a) where a person is killed or injured or suffers loss or

damage while entering or remaining in a firing area in

contravention of paragraph (a) of subsection (1) of

section 2;

(b) for any damage to any vessel or aircraft brought into, or

permitted to remain in, a firing area in contravention of

paragraph (b) or (c) of subsection (1) of section 2 or for

any damage to anything in any such vessel or aircraft or for

any loss suffered as a result of any such damage.

(3) Compensation shall also not be payable under subsection (1) for

(a) any damage to any land in a firing area or anything kept

or growing on any such land;

(b)

any damage to any building or other structure on any such

land or anything in any such building or structure;

loss otherwise suffered in relation to the use or occupation

of any such land,

/ if the

if the land or building or structure is not lawfully occupied.

(4) Compensation shall not be payable under subsection (1) in

respect of the death of, or injury to, any member of Her Majesty's

naval, military or air force services or the Hong Kong Royal Naval Reserve, the Hong Kong Regiment (The Volunteers) or the Hong Kong

Auxiliary Air Force who is killed or injured while on duty.

(1) A claim for compensation under section 4 shall be made

within two months by giving to the Commander, British Forces, notice

in writing thereof.

(2) Where any dispute arises as to

(a) whether compensation is payable under section 4

(b) the amount of any such compensation, or

the dispute shall be referred to arbitration.

(1) No person shall without lawful authority

(a) in any firing area, search for ammunition or take into his

possession, custody or control or in any way interfere with

any ammunition found in the firing area;

(b) remove from a firing area any ammunition found therein;

found in a firing area.

(2) For the purposes of subsection (1), the word "ammunition"

includes any shot, shell, bomb, bullet, torpedo or other projectile,

whether or not the same is spent.

FLOAT

تم

اگر

1/14/1962.

(1) Tum Serre:

By by order uthori the

aval, afliters

og adr forse wmfata, the

Favel ReaMIVO ↓

Dng Foyal

The Pa 2 hug Reginant (150 mainniheit) on the More Horst

Auydliary Air Force of ray area of lead or water by the Colore 39 AN STER.

in or into which practice firing

TVS MARPOLIR spec fiel in the crder

may take place and may by such prior specify

(4)

the perind of ni loe to be given before practi

or into the firing area tay take place on ang pensaion and

the person by whom such notice as to be given:

(3) the day on, and the times betwxon, which practice firing fr

or into the firing area may not take place;

(c)

the warning to be given the practice firing 15 taking place

In or into the firing area, wid

(a) any other conditions subject to which prestice firing in be

into the fiving area ray take place. "

(2) Where in the case of any filing saya tle site from which

weapons will be fired into the fùing ares is not within the firing, sre.,

the Governor my by the order under subazetion (1) authorize faring to

take place over the land between such site and the firing area, abether

or not such land is occupied solely by the Crown and notwithstanding

that such land, or any part thereof, is a public plser.

(3) The Governor say by order asend any owier under subarction (1).

(1) Meze weining is being given in accordance with the

requirepente of an order under subsection (1) at rection ! that practica

firing is taking place in or into a firing ares

(u) ro pecaor shall en or retail in the firing area without

lenful a therity or rearcrable excuse;

/ (b)

(b)

where the firing ares consists of or includes any area

of water in the Colony, no vessel shall be brought into, or

jermitted to remain in, the firing ares without însfui

authority or rekaonable excuse;

the firing area without lawful authority or reasonable excuse.

(2)

Any person who contravenes paragraph (a) of subsection (1) shall be guilty of an offence and shall be liable on every conviction to a fine of one thousand dollars and to imprisonment för så monthe.

(3)

In the event of a contravention of paragraph (b) or (c) of subsection (1), the person in charge of the vessel or airraft shell be guilty of an offence and shall be liable on surgery conviution to a

fine of one thousand dollars and to imprisonment for six portbe,

るの (1) Any oumissioned officer or non-coprisaloned officer of Her Majesty's naval, military or air force anrvices or of the Hong Kong Royal Naval Reserve, the Hong Kong Regiment (The Volunteers) or

the Hong Kong Auzillery Air Force on duty in or about any firing area

may

(a) remove from the firing area any person who he reasonably

suspecta has entered the firing area, or is remaining therein, in contravention of paragraph (a) of subsection (1) of section 1 or any vessel that he reasonably suspects has

bean brought into, or is being permitted to remain in, the firing area in contravention of paragraph (b) of subsection (1)

of section 1;

(b) arrest any person who he reasonably suspects har so entared

or is so repairing in the firing area.

(2) Any person who la arrested under subsection (1) shall be

delivered into the custody of a police officer or taken to a police

/ station

}

station as soon as practicable and thereupon the Police Force Orduince

shall apply.

(1) If the death of any person is caused, or any person. da

injured or suffere avy loss or large, by or

is a result of practice

firing in or into a firing area, then, subject to subsections (2) mid (3), fall compensation shall be paid by the Commander, British Forces,

where the practice firing was by Her Majesty'a næval, military or air

force services and by the Government where the practice firing ma by the Hong Kong Hoyal Naval Reserve, the Hong Kong Regiment (The Volunteers)

or the Hong Kong Auxiliary Air Force.

(2) Compensation shall not be payable under subsection (1

(a) where a person is killed or injured or suffers loss or

Zamags while entering or zwamining in a firing arwa in

contravention of paragraph (s) of subsection (1) of

section 2;

(b) for any damage to any vessel or aircraft brought into, or

permitted to resgin in, a firing srea in contravention of

paragraph (b) or (c) of subsection (1) of section 2 or for

any damage to anything in any such vessal or aircraft or for

any loss suffered as a remilt of any such damage.

(3) Compensation shall also not be payable under subsection (1) for -

(a) any dawnge to wiy land in a firing area or anything kept

or growing on any such land;

(b) any damage to any building or other structure on any mach

land or anything in any such building or structure;

100s otherwise muff erod in relation to the

of any such land,

or occupation

/ if the .*****

if the land or building or structure is not lawfully occupied.

(4) Compensation shall not be payable under subsection (1) in

respect of the death of, or injury to, any member of Her Majesty'a

naval, military or air force services or the Hong Kong Royal Naval Reserve, the Hong Kong Regiment (The Volunteers) or the Hong Kong

Auxiliary Air Force who is killed or injured while on duty.

5. (1) A claim for expensatim under section 4 shall be nads

within two months by giving to the Commander, British Forces, notice

in writing thereof.

(2) Where any dispute arises au to

(e) whether compensation is payable under section ↳

(b) the amount of any much compensation, or

the dispute shall be referred to arbitration.

(1) No person shall without lawful authority

(a) in any firing area, search for ammunition or take into his

possession, sustody or control or in any way interfere with

any ammunition found in the firing area;

(b) remove from a firing area any ammunition found therein;

(0) have in his possession, custody or control any ammunition

found in a firing area.

(2) For the purposes of subsection (1), the word unition"

includes any shot, shell, tomb, bullet, torpedo or other projectile,

whether or not the same is specit.

مریکا

PART II

CONFIDENTIAL

Emergency (Prohibited Publications) Regulations.

2. Emergency (Propaganda Prohibition) Order.

Emergency (Prohibited Publications) Order.

4. Appointment of Competent Authority.

Emergency (Possession and Use of Codes and Ciphers) Order.

Emergency (Use of Wireless Transmitting Apparatus) Order.

Wireless Receivers (Ships) Order.

8. Wireless Telegraphy and Radar (Foreign Ships) Order.

9. Wireless Telegraphy and Radar (Ships) Order.

FLOAT

10.

Warrant of Authority to detain and produce to censor.

Emergency (Restriction on Despatch of Information) Order.

11.

12.

13.

Emergency (Newspaper Permits) Order.

Emergency (Printing or Publication of Specified Matter) Order.

14. Emergency (Prohibition of Wireless Apparatus) Order.

15. Emergency (Plying of Balloons and Kites) Order.

16.

17.

Emergency (Possession of Signalling Apparatus) Order.

Emergency (Restriction on Despatch of Postal Packets) Order.

PUBLIC

ORDER BILL

TELE CEARUNICATIONS ORDINANCE (CAP.106). CONTROL OF PUBLICATIONS CENSOLIDATION GRDINANCE

(CAP 26.3.)

POST OFFICE ORDINANCE ((AP 95.)

CONFIDENTIAL

FICAT

PART III

Emergency (Deportation) Regulations.

Emergency (Temporary Exclusion) Regulations.

Order for Detention (Individual).

Detention Order (Number of Persons).

Notice of Appointment of Committee of Review.

Detention Orders (Objections) Rules.

Order for Removal from one place of Detention to another.

Detainee Expulsion Order.

Detention Order.

10.

Residents Expulsion Order.

11.

Warrant directing transfer of a person in custody.

12.

Notice of Order of Dismissal or Suspension.

Emergency (Deportation and Detention) Regulations

Prisons Ordinance (Cap. 234).

Public Order Bill.

Arms and Ammunition Ordinance (Cap. 238).

FLOAT

PART IV.

CONFIDENTIAL

Emergency (Control of Ships and Aircraft) Regulations

2. Emergency (Control of Fuel and Lubricants to Ships) Regulations

Public Order Ordinance

Control of Craft Order

Emergency (Navigation)(Lighting of Vessels) Order

5. Directions in respect of Lights, Buoys, Beacons and other apparatus

6. Directions to owner or master of vessel

Directions in respect of visitors to ships

Directions in respect of entry/departure of ships

Emergency (Supplies of fuel to ships) Order

10.

Order by the Competent Authority.

11. Emergency (Navigation) (Regulation of Movement) Order

Public Order Bill.