CO 1030/6 Emergency regulations in Hong Kong

Group

Class

Piece

1030

1124

し

SECRET

FED 9

9/401/01

PART

274

con.*

FAR EASTERN DEPARTMENT

BEGINS

FILE TITLE

FILE PERIOD: 1954-1956

PART

FILE NUMBER

Emergency Regulation FED

کی

112

Hong Kong

INDEX HEADINGS

9/401/01

Enragency Regis Еменден

H531

3074/947

SW11 "orto)8/50. G.B.(1..)Ltd.51, 71.26

CLOSED

LEGISLATION HONG KONG UNTIL

Mokka m

соловоль

C.O.R.7.

PRECEDENTS NOTED UNDER -

RELATED FILES

વ

1951-3

(new: HKP 488/85/01

1957-59

FED 9/401/01

CROSS REFERENCED UNDER :-

(

}

C.A. 19

200x109-10/63-48995

1e No. 2/3011/46

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

29th March, 1954.

Date

No.

490

101

Mr. Creech Jones circular Saving ram

Corky

below

of 18th July, 1946.

2 1

EMERGENCY LEGISLATION

In accordance with the request in the last paragraph of the Savingram under reference I report that no regulations have been revoked on review, and I set out below the general position for the six months' period from the 1st September, 1953, to 28th February, 1954.

Three emergency regulations have been

enacted under the Emergency Regulations Ordinance, 1922. Of these, two were directly concerned with the work of relief and rehabilitation following the fire in the Shek Kip Mei area on the night of 25/26 December,

viz

7- AER 1934

a) The Emergency (Immediate Resumption) Application). Regulations, 1953.

(G. N. A. 180/53).

These regulations applied the Emergency (Immediate Resumption) Regulations, 1952, to the area affected by the fire to ebable that area to be levelled as soon as possible for the erection of pro- visional accommodation.

(b) The Emergency /Public Health (Sani-

tation) Ordinance (Amendment

Regulations, 1953. (G. N. A. 181/53).

These regulations permit the immediate construction of temporary public latrines for the use of persons ren-

The new dered homeless by the fire. section which was incorporated into the Public Health (Sanitation) Ordinance, 1935, dispenses with the procedural requirements relating to the giving of notice and providing opportunity for owners of property to lodge objections.

The third emergency regulation referred to in the preceding paragraph is:-

The Emergency (Squatter Clearance) Regulations, 1953. (G. N. A. 1847753).

These regulations replace the Public Health (Sanitary Provisions) Regulations, 1948, themselves made under the Ener-

　　They gency Regulations Ordinance. empower the competent authority to remove squatters, trespassers and un- lawful structures from Crown Land, and to require lessees and permitees to do the same on leased land and land held on permit, and in default of action by

**^£100-10/55-40

File N

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

Date

No.

29th March, 1954.

De/eg

-2-

the lessee or permitee to carry out the removal, charging the lessee or permitee for the cost thereof. There is also power to take such measures as may be necessary to prevent re-erection of unlawful structures or re-occupation by squatters of land once cleared.

102

103

END

From the Secretary of State for the Colonics.

To the Officer Administering the Government of

Circular Telegram Saving.

18th July, 1946.

My circular telegram No. 164 of 9th November, 1945,

Emergency legislation.

From an examination of recent legislation in Colonial territories it appears that a considerable body of Defence Regulations and other emergency powers triken under the Emergency Powers (Defence) Acts 1939-45 have buen retained under powers confurred on Governors by the Orders in Council made under the Supplies and Services (Transitional Powers) Act and thu Emergency Laws (Transitional Provisions) Act or in some cases by Ordinances whose duration may extend to periods of two or five years.

It is appreciated that these powers are generally cquivalent to those which it was considered necessary to rtain in the United Kingdom, and that at the time they More retained they were equally considered essential to goed government and the maintenance of law and order in Colonial territories. I am, however, anxious that none of thes temporary powers should be retained longer than is absolutely necessary.

I shall be grateful therefore if you will cause such powers, whether retained by Order under the provisions of thc Orders in Council or by special Ordinance to be kept undur regular and earful review, with the object of ensuring that instead of being allowed to remain in existence until it nutomatically expires, each regulation should be revoked as soon as you are satisfied that it is no longer essential for toe special purposes for which it was retained.

I should at the same time bu grateful if Consideration could now be given to the question referred to in paragraph 2 of my circular sving tulegram of the 18th of October, 1945, of publishing a consoliänted edition

It would be or the Defence Regulations now in force. convenient if copies of the Orders made under the Supplies and Services and the Emergency Laws Orders in Council, authorising the continuation in force of the Regulations, and of the Ordinances giving a limited duration to certain regulations, could be included in the publication.

I should be glad if you would arrange to submit at intervals of six months statements showing whether any, and if so which, regulations have been revoked on review. It would be convenient if the first statement could relate to the period up to the 1st September, 1946, and could be forwarded as soon after that date as possible.

SECER.

Mr.

Littler F/4

Mr. Harris 1314 dai

Mr.

Sir

File No. 487 3/9/22/01

Permt. U.S. of S.

100

Phony Hm

Parly, U.S. of 5.

Minister of State

Secretary of State

15 APR 1904

Date

DRAFT Despatch

Your Reference.....

dir

　　Hong Kong M. 593

(·)

Savingram

Sovernor.

FURTHER ACTION

(27886) (1) WL 27142-5592 5m pada 10,50 G551.

I have to to ack. receipt of your

No 490 of 29th March 1954, concerning Emergency Legislation, the contents of which have been noted.

I have to

OLIVER LYTTELTON

SECRET

INWARD TELEGRAMMILARLY

TO THE SECRETARY OF STATE FOR THE COLONIES

R. 11th

Simplex

D. 11th May, 1954.

FROM HONG KONG (Sir A. Grantham)

111 MAY

11.45 hrs.

1954

SECRET No. 320.

Your telegram No. 936 of 1953.

·4888510

Emergency Regulation 116A.

　　　　　　　　　　Grateful if you would approve continuance in force of the above Regulation for a further period of six months as, by error, the expiry of your authority has passed unnoticed.

17 2.

Reasons for request are similar to those contained in my savingram No. 1371 of 1953, and up-to- date figures follow by savingram.

　　　　　　　　　3. Executive Council have been consulted and advised continuation in force.

HP 319/22/01

HONG KONG

593

COLONIAL OFFICE,

The Church House,

Great Smith Street,

London, S..1.

IS April, 195k.

sir.

I have the honour to saknowledge receipt of your savingram No.490 of 29th March, 1954, concerning Emergency Legislation, the contents of which have been noted.

I have the honour to be,

Sir,

Your most obedient,

huable servant,

GOVERNOR,

OLIVER LYTTELTON

SIR ALEXANDER GRANTHAM, G.0.N.G.,

etc..

etc.,

etc.

Mr...

Mr.

DRAFT

Littler 12/5

Barton

tu minult

Hopkinson....1.2/5

FILE No.....HKP.319/22/01..

TELEGRAM/"

*SAVINGRAM

* The word Priority may, if necessary, be entered here.

Addressed to:-

Governor,

HONG KONG

Repeated to:-

Harris 13 minube

Mr.....Sidebotham 14/5

XX Sir John Martin.

Sir Charles Jeffries

Permt. U.S. of S.

Parly. U.S. of S.

Minist Minis cal

Secretary of State

לן לי

Medium :--

En-clair or

Gede

SIMPLEX

Urgency classification -

Nil

Reply urgently required Priority

Immediate

Emergency

Number.

353

Savingrams only.

Your reference

Serial No.-

나

Samplex

Time and date

1530

hours

18/57/57/195.

Security classification:-

Unclassified Restricted Confidential Secret

Top Secret Guard

(3)

Your telegram No.320.

Emergency Regulation 116A.

I approve the continuance in force of

Emergency Regulation 116A for a further period of

6 months from 19th April, 1954.

1 8 MAY 1954

Distribution:-

нов

feel sure

.Whilst I am aware that the retention of

Emergency powers is kept under regular and careful

review in Hong Kong, I am particularly anxious that

Emergency Regulation 116A shall not come to be

regarded as a continuing part of the law of the

Colony, and that the renewal of this exceptional

measure should not be regarded as automatic.

therefore if in future you will forward a full

report before the end of each six monthly period should

you wish to recommend the further continuance in

force of this Regulation.

Grateful

Further action :-

227691) (2) W: 27143-5593 2,500 pada 10/50 G.S.St.

SECRET

OUTWARD TELEGRAM

Simplex

　　　SECRET No. 353.

OM THE SECRETARY OF STATE FOR THE COLONIES

TO HONG KONG (Sir A. Grantham)

Sent 18th May, 1954.

HKP 319/22/01

15.30 hrs.

Your telegram No. 320.

Emergency Regulation 116A.

I approve the continuance in force of Emergency Regulation 116A for a further period of 6 months from 19th April, 1954.

　　　　　　2. Whilst I feel sure that the retention of Emergency powers is normally kept under regular and careful review in Hong Kong, I am particularly anxious that Emergency Regulation 116A shall not come to be regarded as a continuing part of the law of the Colony, and that the renewal of this exceptional measure should not be regarded as automatic. Grateful therefore if in future you will forward a full report before the end of each six monthly period should you wish to recommend the further continuance in force of this Regulation.

x100-10/63-48905

olonial Secretariat

SAVINGRAM

file No. 23/325MARO Secretary of State for the Colonies.

From the Governor, Hong Kong.

Date

14th May,]

1954

No.

ៗៗៗ...

SECRET

24 A 154

157488/86/01

1953, and my telegram No. 320 of 11th May, 1954.

Your secret telegram No. 936 of 16th October,

25429

Emergency Regulation 116A

　　　　　　Figures given in my savingram No. 836 of 10th June, 1953, as amended by my savingram No. 1371 of 25th September, 1953, should be brought up to date by the deletion of the last column

August 1953" and the substitution therefor of the

Hi C 488/85/ headed "January

following:-

A Crimes involving arms

1953

Jan-March

1954

Murder and attempts (involving firearms)

Armed robberies and attempts

Armed highway robberies and attempts

Armed robberies in British waters

Possession of arms (or explosives)

Other crimes involving arms (or

explosives)

B-Ratio of Armed to Unarmed Robberies

1953

Jan

March

1954

Armed

Unarmed

;

　　　　　　　These figures show that the decline in the number of crimes involving arms since the introduction of regulation 116A in October, 1950, continues but I do not consider that they yet show justification for the repeal of the regulation.

The figures for the possession of arms during 1953 are a clear indication that there are still too many illicit firearms in the Colony. Whilst many of the weapons seized were apparently designed for 'political' purposes outside the Colony, there is always the possibility that even these may be used here if political or economic conditions change for the worse.

The following arms were seized during 1953:-

Revolvers

Automatics

Rifles

Machine Guns

Shot guns

Carbines

C.S. 49

200x100-10/53-A6995

SAVINGRAM

To the Secretary of State for the Colonies,

From the Governor, Hong Kong.

Date

No. ..............

5. Two Chinese males have recently been convicted and sentenced to death under this regulation on 8th April, 1954. Appeals have not yet been heard.

On the advice of Executive Council

and for the reasons given above I recommend that the regulation should continue in force for a further period of six months.

DOCL:b

200x100-10/81-A3995

Colonial Secretariat

file No. 3011/46

SAVINGRAM

To the Secretary of State for the Colonies. Administering the Government From the Governor, Hong Kong.

Sex below

(1) ستل

September, 1954

Date

1501

No.

JOSEP 1954

1946.

Mr. Creech Jones' Circular Savingram of 18th July,

Emergency Legislation

　　In accordance with the request in the last paragraph of the savingren under reference, I report below the general position for the six months' period from 1st March, 1954, to 31st August, 1954.

Rescission of Emergency Regulations.

　　The Emergency (Small Change) Regulations, 1950 (G.N.A. 195/50) were rescinded by the Emergency (Small Change) Rescission Regulations, 1954 (G.N.A. 101/54).

(a)

(b)

(c)

(a)

Amendment of Emergency Regulations,

Existing regulations were amended as follows:-

the Emergency (Special Constabulary) Regulations, 1950 (G.H.A. 270/50) were emended by the Emergency (Special Constabulary) (Amendment) Regulations, 1954 (G.N.A. 106/54) so as to increase the number of instruction periods which are required for efficiency in the Special Constabulary and to provide penalties for special constables who fail to apply themselves in training, who do not obey orders or who fail to report for duty when called out on active service.

The Emergency (Resettlement Areas) Regulations, 1952 (G.N.A. 6/52) were amended by the Emergency (Resettle- ment Areas) (Amendment) Regulations, 1954 (G.N.A. 70/54). Many former squatters have been resettled in cottages under hire-purchase arrangements. In order that the success of type of resettlement should not be endangered by the failure of certain settlers to pay their hire- purchase instalments, the anending regulations give the Urban Council discretion to cancel settlers' permits for such failure and to require payment of compensation to them in appropriate cases.

The Emergency (Resettlement Areas) General Rules, 1952 (G.I.A. 106/52) were amended by the Emergency (Resettlement Areas) (Amendment) General Rules, 1954 (G.N.A. 67/54) which provide for action to be taken against the erection or maintenance as well as the occupation of any structure or land in any resettle- ment area, without permission of the Urban Council.

The Importation and Exportation Ordinance (Chapter 50) as modified by the Emergency (Importation and Exportation Ordinance) (Amendment) Regulations, 1955 (G.N.A. 99/55) was amended by the Emergency (Importation and Exportation Ordinance) (Amendment) Regulations, 1954 (G.N.A. 81/54) to remove doubt in interpretation.

763-A8995

SAVINGRAM

To the Secretary of State for the Colonies.

Administering it

From the Governor, Hong Kong.

Date

No.

(a)

New Emergency Regulationa.

The following new regulations were enacted

This

The Emergency (Provisional Resettlement Areas) Regulations, 1954 (G.11.A. 53/54), which provide for control of activities within the new resettlement area at Shek Kip Mei. resettlement area differs from other resettle- ment areas in that Government constructs and owns the buildings in it.

(b) The Emergency (New Territories Resettlement

Areas) Regulations, 1954 (G.N.A. 83/54). These regulations provide for the setting up and administration of resettlement areas in the New Territories.

GTH:b

Mr. Littler 1/10

Mr.

mhntZE

File No. MKT 319/22/01

Permt. U.S. of S.

Parly. U.S. of S.

Minister of State

Sir

--------------TITAT

DRAFT Despatch.

Your Reference

Sir,

Secretary of State

Date

OCT 1554

I have ate to ack.

receipt of your

Hang Dong

No. 1557

(6) No

ORG

/50

of your Savingram

the 25th September

1954, concerning Emergency Legislation, the contents which have been noted

I have etc.

FURTHER ACTION

LEGAL LIBRARY to

note contents of (6)

11/20

127636) (1) WL 27142-5592 5m pada 10/50 G.5.6L

RE4_1422_319/22/01

　JUE KOG 12, 1557

NE: COLJICAL OPPTU), 90

TIS CHURCH HORIS,

GREAT SITH BARIY",

LADU, SW Te

2. October, 1954.

I have the honour to acknowledge receipt of

your Savin Twi No. 1502 of the 25th September 1954, armooraing khmergency Legislation, the contents of silich have basi rotoŭ,

I have the hamur to bo,

(H1,

Your mat obellant, Inzole Corvat,

THE OXICAL AMENISERING,

ME GOVESULT OF,

HONG ROAL

MONSTER

FOR THE SECRETARY OF STATE

100

7/63-A8991

Colon

file

ial Secretariat

ilo. 23/3231/50

SAVINGRAM

To the Secretary of State for the Colonies. Officer Administering the Government

From the Governor, Hong Kong.

ملت

Date ...8...... September,..1954

SECRE T

No.....15.14....

ICE

CHICE

REGISTRAR'S

F 4 OCT 1954

COLONIAL OFFICE

Your telegram No. 353 of 18th May, 1954.

Emergency Remulation 11GA

The figures given in my savingem le. 836 of 10th June,

HP 488/89/05 1955, as amended by my savingram No. 777 of 14th May, 1954, should be

brought up-to-late by the deletion of the last column headed "Jan - March 1954" and the substitution of the following :-

A Crimes involving arms

Jan - June 1954

Murder and attempts (involving firearms)

Armed robberies and attempts

Armed highway robberies and attempts Armed robberies in British waters Possession of arms (or explosives)

Other crimes involving arms (or explosives)

B Ratio of Armed to Unarmed Robberies

Armed Unarmed

　　　　　　　It will be seen that the decline in the number of crimes involving arms since the introduction of Regulation 116A in October 1950 continues, but I do not consider that the repeal of this Regulation could safely be effected at present. I should emphasize that the provisions of the regulation are applied with great discretion. The regulation has evoked no criticism locally and there has been no demand for its rescission in fact, articulate opinion would support its retention.

months of 1954:-

Revolvers

Automatics

Rifles

Machine Guns

Shot Guns

Carbines

Air rifles

The following arms were seized during the first six

Total

This compares with a total of 120 for 1955 and suggests that the potential danger from possession of illicit arms remains undimished. Their cxistence, constitutes a continuing threat to the security of the Colony.

In view of your concern that Emergency Regulation 116A should not come to be regarded as a continuing part of the law of the Colony the question of rescinding or retaining this Regulation received very careful consideration in Executive Council on this occasion. Tho unanimous advice of Council was that the regulation should continue in force for a further period of six months for the reasons given above. Members also expressed the view that, although it was appreciated that the regulation could not be retained beyond six months without your authority, it was nevertheless their opinion that the time when it could safely be rescinded could not yet be foreseen.

　　　　　I recommend, therefore, that the regulation should remain in force for a further period of six months from 19th October 1954.

DRAFT

FILE No.....

HKP

319/22/01

TELEGRAM PRIORITY *SAVINGRAM

* The word Priority may, if necessary, be entered here.

Addressed to:

O.A.G

Hàng xong.

Нанд

Repeated to:--

Number,

1605

Savingrams only.

Your reference

Serial No.

Mr. Kattler Fro

Mr.

Barton blu Peck 9/10

Harris 7/1

In frottram 8/10-

Sir Chinles Jaff. 4/10

Permt. U.S. of S.

Parly U.S. of S.

Medium:

En clair or

Minister of State

Secretary of State

Distribution:-

Cate

Cipher

(8)

150CT

Urgency classication

Nil

Reply argently required

Priority

Immediate

Emergency

Time and date

1570-52

TITTIE

hours

195......

Security classification:

Unclassified Restricted Confidential

Secret

Top Secret Guard-

Your Savingram to 1514 of 28th September

Emergency Regulation

116 A

I approve continuause in

VILA

Further action:

(11576) Wt. 14981/6292 2,500 pads 1/53 C.&Co. 745(8)

　　　force of Emergency Regulation

for a further period of 8 months from 19th October

1954.

Seces.

SECRET

REP 319/22/01

Saving

From the Secretary of State for the Colonies.

To the Officer Administering the Government of.....

Date.

October 1954.

1605

No.

Saving

PRIGHTY APCINTA

--- LI

HORG RONG....

Your savingram No. 1514 of

28th September.

irergonoy_aegulation 116A.

　　　I approve continuance in furce of Emergency Regulation 116A for a further perică of six months from 19th October, 1954.

USCAR

No, of cuptos sant...

SECRET

INWARD TELEGRAM

TO THE SECRETARY OF STATE FOR THE COLOMES

COPY FOR KEČITV

FROM HONG KONG (0.A.G.

O. A. G1)

Cypher (0.T.P.)

D. 19th October, 1954. R. 19th

07.

ост

A 1954

SEORET No. 846.

My savingram No. 1514.

Emergency Regulation No. 116A.

Grateful for early consideration as current

six month's period for which approval was previously granted has now expired.

Mt.

Mr.

DRAFT

FILE No.

JKP

39/2248/

*SAVINGRAM

TELEGRAM *

* The word Priority may, if necessary, be entered here.

Addressed to :-

Repeated to:-

DAG.

Hong King

Mr...........

Mr.

Sir

19/10

Sidekollen 25/10 Unce

Permt. U.S. of S.

Parly U.S. of S.

Minister of State

Secretary of State

Medium :-

En clair or

Lode

Cypher

Governor Hong Kong. (10)

Distribution :-

krog 50

　　200GT in Tel. ...

Urgency classification :-

Nil

Reply urgently required Priority Immediate

Emergency

Number.

891

Your telegram No. 846

Emerging Regulation No. 116 A

Continuance for further six months

No. 1605 of

(9)

банітурати

Savingrams only.

Your reference

Serial No.

KONTAKT KARPUR JHI D

Sono Sempion

Time and date

hours

-----

195

나

Security classification :-

Unclassified

Restricted Confidential

Secret Top Secret Guard

approved

16 October

fear.

Further action :-

(27801) (1) Wt 27143-5593 2,500 pads 10/50 G.S.St.

0.3. 48

200x100-10/63-A3996

Colonial Secretariat

SAVINGRAM

file No. 2/5017/4he Secretary of State for the Colonies.

From the Governor, Hong Kong,

Date March,..1955.......

RECKTE

2 3 MAR 1955

73.

434

No.

18th July, 1946.

Mr. Creech Jones' Circular savingrem of

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, 1954, to 28th February, 1955.

The Emergency (Squatter Clearance) Regulations, 1955, (G.N.A. 184/53) were amended by the Emergency (Squatter Clearance) (Amendment) Regulations, 1954, The amendments provide

(a)

a definition of "land",

(b) that the materials of unlawful structures shall on removal vest in the Crown,

(c)

for the protection of persons lawfully exercising powers under the regulations.

Bete (1)

j49

9/63-A8995

nial Secretariat

file No. 23/3231/50

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

кр

212/22/01

14Kr. 458/85/01

25--

st. April

Date

Marok, 1955

No.

517

SECRET

13.

| 12 APR 1955

* CHFICE

1954.

Your savingram No. 1605 of 16th October,

Emergency Regulation 116A

　　　　　　I attach for your information a schedule showing the incidence of armed crime in recent years. This schedule brings up-to-date the figures given in my savingram No. 836 of 10th June, 1953.

The following ams were seized during

the six months July to December 1954.

Revolvers

Automatics

Rifles

Shotguns

Harpoon guns

Total

　　　　　　　This showed a satisfactory reduction from the 61 arms seized in the previous six months. However any complacency must be offset by the discovery, on a small island within the Colony's waters, of a cache containing the following items:

1 Browning .30 machine gun and spare barrel

4 .45 Sub-Machine guns and 9 magazines

2 .30 Automatic carbines and 2 magazines

4 Pistol magazines

7 Fragmentation grenades

A total of 3,768 rounds of ammunition.

It is known that there are other caches in the outlying islands from which arms could be brought into the Colony.

There have been a total of 21 offences involving arms so far this year and 20 firearms have been seized including those mentioned in paragraph 3 above.

No prosecution under this regulation han been undertaken since my savingram No. 1514 of 28th September, 1954.

On the recommendation of the Attorney General and the Commissioner of Police, Executive Council has advised unanimously that Emergency Regulation 116A should remain in force for a further period of six months from 19th April, 1955.

agree with this advice and recommend that approval be 021109 |

| JERIZIK) RESTOR

4.1/

⚫ 12.

1253

९.

DWBB:D :b

200--

A Crimes involving arms

1940

1950 1951 1952 1953

1954

Murder (involving firearms

Armed Robberies and attempts

129

191

Armed Highway robberies

Armed robberies in British

waters

Possession of arms (or

136

170

explosives)

Other crimes involving arms

(or explosives)

1949

1950 1951

1952

1955

1954

Ratio of Armed and Unarmed Robberies

Armed

Unarmed

181

254

Number.

DRAFT

Mr. Moran's "bly

　　　　　　　16/4 Mr. Cocklesy Smahley Mackinto, L

Mr.

Mr...

FILE No. Fev 9/401/01.

TELEGRAM*

*SAVINGRAM

* The word Priority may, if necessary, be entered here.

Addressed to :-

Repeated to :-

Sir

Permi. U.S. of S.

Medium :-

Parly. U.S. of S.

Minister of State

Secretary of State

En clair or

Code

Cypher

отр

(13)

Governor

Stang ting

Urgency classification :-

Nil

Reply urgently required

Priority Immediate

Emergency

Your savingpam

390

No. 517.

Emergency Regulation 1164

approve

Savingrams only.

Your reference

Serial No.

Reciphered tent

Time and date

1900 huma 18/4/55

Security classification:

Unclassified Restricted Confidential

Secret Top Secret Guard

continuance in force of Emergung

Regulation 116A for a further period of

six

195

months for

the

1qu April 1955.

10 AM 1955

fecer

Distribution :-

NOT COPIED

Further action :-

(27001) (2) W1 27149 5593-2,500 pada 10/50 G.S.SL

Supplement No. 2

TO THE

HONG KONG GOVERNMENT GAZETTE

Published by Authority

SUP. TO GAZETTE No. 31|

FRIDAY, JULY 15, 1955.

[VOL. XCVII

No. A. 71.

EMERGENCY REGULATIONS ORDINANCE.

(Chapter 211).

EMERGENCY (Agricultural POISONS) REGULATIONS, 1955.

　　In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the following regulations-

　　1. These regulations may be cited as the Emergency Citation (Agricultural Poisons) Regulations, 1955, and shall come into and com- operation on the 15th day of July, 1955.

mencement.

　　2. In these regulations, unless the context otherwise Interpre- requires-

"agricultural poison" means any poison specified in the Schedule and includes any preparation or substance containing such poison;

"Director" means the Director of Agriculture, Fisheries and

Forestry;

tation.

346

(Cap. 50).

(Cap. 138).

　　　　　　　　Prohibition of acquisi- tion and use etc. of agricultural poisons.

of posses-

sion of

THE HONG KONG GOVERNMENT GAZETTE.

"export" and "import" bear the same meanings as they are expressed to bear in the Importation and Exportation Ordinance;

"registered", "pharmacist" and "authorized seller of poisons" bear the same meanings as they are expressed to bear in the Pharmacy and Poisons Ordinance.

3. (1) No person shall, after the coming into operation of these regulations, acquire, obtain, purchase, receive, import or use any agricultural poison.

(2) Save as is permitted by these regulations, no person shall, after the coming into operation of these regulations, deal with, transfer, sell, export or otherwise dispose of any agricultural poison.

　　(3) Any person who contravenes the provisions of this regulation shall be guilty of an offence.

Prohibition 4. (1) The Director or any person authorized by him in that behalf may, in his absolute discretion, issue to any person agricultural a permit in writing to have in his possession any agricultural

poison,

poipon without

permit.

　　　　　　　　　　Method of disposal

(2) Every permit in writing issued under this regulation shall be given a serial number and any such permit may contain such conditions as the issuing authority may think necessary or expedient to impose and any such permit may be revoked by the issuing authority at any time.

(3) No person shall, on or after the 15th day of August. 1955, have in his possession or custody or under his control any agricultural poison unless he is in possession of a permit issued under this regulation.

(4) Any person who contravenes the provisions of paragraph (3) of this regulation or any condition of a permit issued under this regulation shall be guilty of an offence.

5. (1) Any person who on the coming into operation of these regulations has in his possession or custody or under his control any agricultural poison shall before the 15th day of agricultural August, 1955, dispose thereof by either-

　　　　　　　　　　before the appointed day of

poison in

possession

at date of

commence- ment.

(a) delivery to the Director; or

(b) direct export from the Colony to a consignee outside

the Colony.

SUPPLEMENT No. 2, JULY 16, 1955.

(2) Paragraph (1) of this regulation shall not apply to any person to whom a permit is granted under regulation 4.

(3) Upon delivery of any agricultural poison to the Director in accordance with paragraph (1) of this regulation the same shall be deemed to be the property of the Crown free from the rights of any person.

(4) Any person who contravenes the provisions of paragraph

(1) of this regulation shall be guilty of an offence.

947

holders of

The holder of a permit issued under regulation 4 may Disposal by at any time during the validity of such permit dispose of the permits. agricultural poison to which it relates by direct export from the Colony to a consignee outside the Colony.

1. (1) The Director may authorize any public officer to Inspections be an inspector for the purposes of these regulations.

(2) Any such inspector shall, for the purpose of enforcing these regulations, have power-

(a) at all reasonable times to enter the premises of any registered pharmacist, any authorized seller of poisons and any person who is the holder of a permit under regulation 4 of these regulations;

(b) at any time to enter any place or vessel in which he has reason to suspect that an offence against these regu- lations has been committed;

(c) to make such examination and inquiry and to do such other things, including the taking on payment therefor of samples, as may be necessary for the purposes of inspection;

(d) to seize and detain any agricultural poison or anything which he reasonably suspects to be an agricultural poison.

(3) Any person who wilfully resists or obstructs an inspector in the exercise of his powers under paragraph (2) of this regula. tion, or who refuses to allow any sample to be taken in accordance

and en- forcement.

349

[reg. 2.]

348

Forfeiture.

Penalty.

　　　　　　　　　　Vicarious liability.

　　　　　　　　Evidence. Analyst's certificate.

THE HONG KONG GOVERNMENT GAZETTE.

with the provisions thereof, or who fails without reasonable excuse to give any information which he is duly required to give there- under, shall be guilty of an offence.

(1) A magistrate, on application made on behalf of the Crown, shall order that any agricultural poison with respect to which any offence against these regulations has been committed. and any agricultural poison found in any place or vessel without any apparent owner, shall be forfeited to the Crown, whether or

any offence. not any person has been convicted of

　　(2) Upon the making of an order of forfeiture under this regulation, the agricultural poison to which such order relates shall be deemed to be the property of the Crown free from the rights of any person.

9. Any person who commits an offence against these regulations shall be liable to a fine of five thousand dollars and imprisonment for twelve months and in the case of a continuing offence to a further fine of one thousand dollars for every day subsequent to the date on which he is convicted of the offence during which the contravention continues.

10. Wherever any person is accused of an offence against these regulations any material fact known to an employee of the accused person shall be deemed to have been known by the accused person and it shall constitute no defence that an employee acted without the authority of the accused person.

11. (1) A certificate signed by the Government Chemist, or by a person appointed by the Governor to make analyses for the purposes of these regulations, if it purports to relate to any agricultural poison, shall any proceedings under these regula- tions be conclusive evidence as to the facts stated therein.

　　(2) Any such certificate purporting to be signed by the Government Chemist or person appointed by the Governor to make analyses shall, until the contrary is proved, be deemed to have been signed by him.

SUPPLEMENT No. 2, JULY 15, 1955.

SCHEDULE.

Phosphorus compounds, the following-

Bis-dimethylaminophosphorous anhydride; Diethylparanitrophenyl thiophosphate:

Hexaethyl tetraphosphate; Octamethyl pyrophosphoramide;

Tetraethyl pyrophosphate:

together with homologous and related compounds.

COUNCIL CHAMBER,

13th July, 1955-

D. C. C. Leppington,

Clerk of Councils.

Explanatory Note.

(This note is not part of the regulations, but is intended only to indicate their general purport).

Certain organic phosphorous compounds which were originally produced for war purposes have now been developed for use as insecticides and have been recently imported into the Colony for sale to farmers. The more common of these are known as "Folidol E. 605", "Fosfex". "Barudin" and "Duphar". These insecticides, even when diluted, are highly dangerous to all forms of animals life and several accidental deaths (both of human beings and of cattle) have occurred as a result of lack of appreciation of the extreme care necessary when using them for agricultural purposes.

2. It is therefore considered essential in the public interest to take drastic measures to preclude the possibility of further accidental deaths resulting from their use. These measures are contained in the Emergency (Agricultural Poisons) Regulations, 1955, the principal provisions of which

are

(a) the acquisition, importation and all use of these insecticides are

banned forthwith (regulation 3);

(b) possession of these insecticides is prohibited as from 15th August, 1955 (regulation 4). It will therefore be necessary for all those in possession of stocks to dispose of them before that date in accordance with regulation 5. That regulation provides two alternatives, the first, intended for farmers who hold small stocks for agricultural use, requires delivery to the Director of Agricul- ture, Fisheries & Forestry, whilst the second, intended for persons who hold stocks for sale, requires export from the Colony before the 15th August, 1955. Should export within this time prove impracticable in any particular case, the Director of Agriculture. Fisheries & Forestry has discretion to issue a permit allowing possession until export proves possible.

350

THE HONG KONG GOVERNMENT GAZETTE.

tel authority is given to the Director of Agriculture, Fisheries & Forestry to appoint inspectors for the purpose of enforcing the regulations and to magistrates to order forfeiture of insecticides in respect of which the law is broken (regulations 7 and 8); (d) a maximum penalty of a fine of five thousand dollars and imprison- ment for a year is specified for contravention of the regulations (regulation 9).

(Secretariat 2.3781-55)

PRINTED AND PUBLISHED Π THE GOVERNMENT PRINTER. HONG KONG

C.B. 49

200x10^-10/63;A8995

Colonial Secretariat file

Ilo. 2/5011/46

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

REGIST.

Date

September, 1955,

159

› 73

1483

No.

に

COLC.

below (1)- Mr. Creech Jones' Circular Savingram of 18th July, 1946.

　　　　　　In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six month period from 1st March, 1955, to the 51st August, 1955.

　　　　　Defence Regulations. The Compensation (Defence) Notice of Claim Rules 1955 (G.N.A. 23/55) made under the Compensation (Defence) Regulations, 1940, determined the form in which claims for compensation in respect of the requisition of vessels should be made.

Emergency Regulations.

Under the Emergency (Provisional Resettlement Areas)

Regulations, 1954 -

(1)

the Governor declared two areas of Crown land to be provisional resettlement areas; (G.II.A. 29/55 and 61/55)

(ii) the Urban Council varied the Third Schedule thereof by the

addition of a general condition requiring occupants in resettle- ment areas to provide portable dustbins. (G.II.A. 52/55).

　　　　　New Emergency Regulations. The Emergency (Agricultural Poisons) Regulations, 1955, (G.H.A. 71/55) made under the Energency Regula- tions Ordinance (Chapter 241) provide

(i) that certain phosphorus compounds became 'agricultural poisons';

(ii)

that the acquisition or use thereof is prohibited;

(iii)

that the possession thereof without a permit is prohibited; (iv) for the disposal of such poisons in the possession of persons at the date of the commencement of the regulations, and

(v) for offences, penalties and forfeiture.

Amendment of Emergency Regulations. The existing

regulations were amended as follows

(a) the Emergency (Principal) Regulations, 1949 were amended by

the Emergency (Principal) (Amendment) Regulations, 1955 (G.H.A. 74/55)

(b)

(i) by the addition of a definition of "radar apparatus";

(ii) by giving to the Competent Authority power to regulate

the use of rireless transmitting, vireless receiving and radar apparatus, instead of dividing this power between the Competent Authority and the Governor (umier regulation 91, now rescinded) as was formerly the case;

the Importation and Exportation Ordinance (Chapter 50) an modified by the Emergency (Isportation and Exportation Ordinance) (Amendment) Regulations, 1955 and 1954 (G.J.As. 99/55 and 81/54) was amended by the Emergency (Importation and Exportation Ordinance) (Amendment) Regulations, 1955-

C.B. 49

Jx107-10/53-A8N5

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

Date

No.

(i)

(ii)

(iii)

(iv)

(v)

(vi)

by the clarification of subsection (5) of section 6 relating to unauthorised transfers of permits, certificates and licences;

by extending the powers of entry and search granted to an authorised officer by subsection (1) of section 9 to enable him to enter and search the premises of an applicant for a licence for the purpose of verifying the particulars furnished by such applicant;

by increasing the fines which may be prescribed by regulations under section 15 from $2,000 to $5,000;

by enacting a new section 14A providing a time limit of one year within which offences against the Ordinance are to be prosecuted;

by modifying the provisions of section 15 relating to forfeiture including the empowering of the Director of Commerce and Industry to restore seized vehicles, vessels and articles instead of applying for forfeiture, and the making of a certificate of the Director of Marine conclusive evidence where it shows the tonnage of a vessel for which for- feiture is applied to be less than 200 gross tons;

by the amendment to section 9A, consequential to the amendment referred to in (v) above giving protection to the Director of Commerce and Industry where he restores goods instead of applying for forfeiture.

RJCH:D:b

FILE No. fed 9/404/01

DRAFT TELEGRAM/

Mr. Howard Stude

Mr.

*Mr.

Sir

'SAVINGRAM

* The word Priority may, if necessary, be entered here.

Addressed to :-

19/10 et on a

+ L

Repeated to:-

for Hong Kong,

Number.

1037

Savingrams only.

Your reference

Serial No.

Medium :-

Permt. U.S. of S.

Parly. U.S. of S.

Ea chip or

Minister of State

Secretary of State

Cypher

Samplin

(16)

Urgency classification :-

Nil

Reply urgently required Priority

Immediate

Emergency

Your saving.

Time and date

14.00

hours

19/10/055/1

Security classification -

Unclassified Restricted Confidential Secret Top Secret Guard

Nov. 1483

Emergency Regulation

Grateful &

beam whether

of heap Regulation 1167 in

Distribution-

NOT COPIED

No copies.

(14)

Further action

B.U. 2 weeks.

(Keep bums

27801) (2) W12714-5593 2,500 pads: 10:50

humake

TAZIO

Eau pus

propore

Fore for a

further period of

six months

My Fading samn) No

390 refers

telef

C.B. 49

200×100-10/55-A8096

File No. 23/3231/50

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

Date

October 1955..

No. 16.67

1890

100CT 1955

SECRET

(14)

FED) 9/407/01

Your telegram No.390 of 18th April 1955.

Regulation 116A of the Emergency (Principal)

Regulations, 1949.

　　I attach an analysis of offences from 1949 to the 12th September 1955 involving the use of arms. In the six months ending 30th June 1955 the number of such offences rose to 72, an increase of 6 over the number for the previous six months. This increase was mainly due to the large number of armed highway robberies that occurred in May 1955; daggers were used in the majority of cases,

　　Seizures of firearms in the six months ending 30th June 1955 and in the preceding six months were as follows, showing a decided increase :-

1/7/54 - 31/12/54

1/1/55 - 30/6/55

Revolvers

Automatics

Rifles

Machine Guns

Carbines

Shotguns

Harpoon Guns

ANALI

ལས། སྐུ

KO LEVKO KEY RI

　　No prosecution under this regulation has been undertaken in the period since your telegram under reference.

　　With the unanimous advice of my Executive Council, I recommend that Regulation 116A of the Emergency (Principal) Regulations, 1949, should remain in force for a further period of six months from the 20th October 1955.

пы

BDW/aja

FAR EASTON

11 OCT 1955

A Crimes involving arms

SECRET

1949 1950 1951

1952 1953 1954 1955 (to 12.9.55)

Murder (involving firearms)

5 10

תי

Armed Robberies and

attempts

129

191

Armed Highway Robberies

Armed robberies in British

waters

2 3

Possession of arms (or

explosives)

136

170

69 93

Other crimes involving

arms (or explosives)

4 13

Armed

Unarmed

B Ratio of Armed and Unarmed Robberies

1949 1950 1951 1952 1953

1952 1953 1954 1955 (to

12.9.55)

181

254

41 39

Regulation 116A was introduced in October, 1950.

DRAFT

FILE No. FED 9/401/01

TELEGRAM/*

SAVINGRAM

* The word Priority may, if necessary, be entered here.

Mr. Hemand. She..

Mr....

Mr.

- Mr..

Sir

Permt. U.S. of S.

Parly. U.S. of 5.

Minister of State

Secretary of State

Governan

Addressed to :-

Number.

Home Viong

1044

Repeated to :--

Medium:

En clair or

Code

Cyr

Cypher

Hong kong,

Urgency classification :-

Nil

Reply urgently required

Priority

Immediate

Emergency

1769

Savingrams only.

Your reference

Serial No.

Sand Singlin

Time and date

1930 20/10

hours

1955

Security classification :-

Unclassified

Restricted Confidential

Secret Top Secret Guard

。 (15)

Your tax savingram No. 1607

Emergency Regulations.

continuance in force

exprove

NOT COPIED

Distribution :-

Emergency Regulation 1169 for

further period of 6 months from

• October 155'5"

cancel

2. Please my telegram

No. 1037.

荨

No copies

Further action :-

(801) 2) Wt 27143-5593 2,500 pads 10,50 G.5.St.

SECRET

INWARD TELEGRAM

TO THE SECRETARY OF STATE FOR THE COLONIES

COPY FOR REGISTRATION

OCT

AXI

1955

FROM HONG KONG (Sir A. Grantham)

Cypher

D. 20th October, 1955.

(0.T.P.) R. 20th

12.15 hrs.

SECRET No. 977.

(17)

(18)

Your telegram No. 1037.

Emergency Regulations 116A.

Continuance in force for further six

months was recommended in my savingram No. 1607

of 4th October despatched Schedule 43 of 5th October, received by your 10th October. Please telegraph if additional copies required.

fc.s. 40.

Colonial Secretariat file

No. 7/5011/46

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong,

Voorh

444

Kalos (1)

Date

дек

March, 1956...

433-

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 month period from 1st September, 1955, to the 29th February, 1956.

　　　　　　　Amendment of Emergency Regulations. Existing regulations were amended as follows -

(a) The Emergency (Squatter Clearance) Regulations, 1953,

were amended by the Emergency (Squatter Clearance) (Amendment) Regulations, 1955, so as to place on owners of land and of buildings thereon the onus of proving that any particular building or structure is not illegal, that is to say that it is a building in accordance with the terms of the Crown lease or permit under which the land is held. Failure by the owner to supply proof which satisfies the competent authority entitles the competent authority to treat the building as an unlawful structure and subject to his powers under these regulations.

(b) The Emergency (Agricultural Poisons) Regulations, 1955, were amended by the Emergency (Agricultural Poisons) (Amendment) Regulations, 1955 -

(1)

by the appointment of the Director of Commerce and Industry as a competent authority in addition to the Director of Agriculture, Forestry and Fisheries;

(ii) by empowering a competent authority to issue

permits to import, export, use and deal with the insecticides governed by the regulations to enable these insecticides to be shipped in transit through the Colony and to be used within the Colony for the purposes of research;

(iii) by the appointment of 'authorized officers' under

the Importation and Exportation Ordinance, Cap. 50, as inspectors for the purposes of these regulations.

No new emergency regulations were made and no existing emergency regulations were repealed during the period.

13 MAR 1958

DRAFT

Mall immell. 23/3

Mr. Ashton 34.

Mr.

Sir

avance

FILE No...

TELEGRAM/*

121) 9/407/07

*SAVINGRAM

* The word Priority may, if necessary, be entered here.

Addressed to:

Repeated to

山

Reid Ted Beth

Permt. U.S. of S

Parly U.S. of S.

Minister of State

Medium:

En clair or

Code

Secretary of State

Distribution:-

eppy

Number. Savingrams only.

fovernor,

Hang Khung 290

Кор

Urgency classification:-

Nil

Reply urgently required

Priority

Cypher Simplex Impediate

(i)

NOT COPIED

Further action:

Bu. I wk.

(11576) L. 149816792 2,500 pada 7/53 C.&Co. 745(6)

Emergency

Your savingro

Your reference

Serial No.

Sunflex

Time and date

0130

...

hours

5.4 1956.

Security classification:-

Unclassified Restricted Confidential Secret

ཨ།

To Secret Guard

по 43 ј

Emergency Legislation.

Contents noted.

3 Grateful breceive your early

recommendation

Future of

Regulation 116A in good kime

SECRET

INWARD TELEGRAM

TO THE SECRETARY OF STATE FOR THE COLONIES

FROM HONG KONG (Sir A. Grantham)*

Cypher (0.T.P.)

COPY FOR CISTRATION

PRIORITY

SECRET

No. 274.

D. 5th April, 1956.

+1 R. 5th

10.50 hrs.

Your telegram No. 290.

Emergency Legislation.

(22)

　　　　I propose to rescind Regulation 116A. Explanatory savingram follows by bag leaving 6th April.

0/83-A8995

Secretariat File: 23/3231/50

SAVINGRAM

To the Secretary of State for the lonies.

From the Governor, Hong Kong,

Date

No. 6o.g

118

6 April, 1956.

PRIORITY

CONFIDENTIAL

#5 ONICE

10A.M.906 COLMIAL OFFICE

(19)

(98)

(1) My savingram No. 1607 of 4th October, 1955

and your telegram No. 1044 of 20th October, 1955.

　　　Regulation 116A of the Emergency (Principal) Regulations, 1949.

Statistics of offences involving arms from 1949 to 1955 are attached.

The figures disclose no marked change in the annual total since 1951, the year after the introduction of this Regulation, although there have been increases in armed robberies. But the proportion of armed to unarmed crime was very much smaller in 1955 than in 1950 when Regulation 116A was first introduced.

　　　While therefore there has been no significant drop of late in the number of offences involving arms, I have felt bound to take into account the recent vote in the House of Commons in favour of the complete abolition of the death penalty. It has seemed to me that very strong grounds would be required in the light of this vote, if your approval were to be sought for the retention of a regulation providing death for an offence where no death is caused.

I should mention here that the Acting Attorney General had, before the vote was given in the House of Commons, indicted three persons under this regulation. After consulting me, he entered nolle prosequi in each of these cases and proceeded on other charges punishable with life imprisonment. This action was prompted by the possibility that conviction under regulation 116A in these cases might have attracted criticism and publicity in the United Kingdom, to the extent of prejudicing con- sideration, in due course, of the death penalty for murder in Hong Kong.

　　　I no longer therefore feel able to press for the retention of this Regulation, and propose, with the advice of my Executive Council, to rescind it at an early date.

I should however emphasise that if the situation in the Colony were to deteriorate at any time it might become necessary to re-introduce this Regulation.

DWBB/OS

MEDK

MPR 1956

6/4

Have

Crimes involving Arms

1949

1950 1951 1952

1952 1953

1953

1954 1955

Murder involving firearms

Armed robberies and attempts 129

191

Armed highway robberies

Armed robberies in British

waters

Possession of arms (or

explosives)

136

170

69 93

Other crimes involving arms

(or explosives)

TOTALS:

326 447

172 155

144 138

152

B-

Ratio of Armed and Unarmed Robberies

1949 1950 1951 1952 1953 1954 1955

Armed

Unarmed

181

254 72

82 42

39 55

Regulation 116A was introduced in October, 1950.

*NALTY

　　　HONGKONG APRIL 27. REUTER - THE GOVERNMENT OF HONGKONG TWAY LIFTED AN EMERGENCY REGULATION PROVIDING THE DEATH PENALTY FOR THE UNLAWFUL POSSESSION OF BOMES, GRENADES AND MINES.

H556

THE REGULATION WAS IMPOSED IN OCTOBER, 1950, AMID A CRIME WAVE INVOVING THE USE OF ARMS. A GOVERNMENT SPOKESMAN SAID TODAY THE NUMBER OF ARMED CRIMES HAD DECLINED AND THERE WAS NO LONGER SUCH A GRAVE RISK TO PUBLIC SAFETY REUTER DJ.. 1021

.95

دان

1531

Ket

27/4

Church HouDE,

Great Smith Street, London, S.1.1.

PED.289/499/01

tent

SECRET AND GUARD

30th April, 1956.

　　　　You may recall that, in addressing the Chinese Government in Peking and the Nationalists in Formosa about the release of the Chinese N-tionalist aircraft and pilot, H.M. Government made it clear that if in future it were considered that Hong Kong's facilities were being deliberately abused, the Hong Kong Government would hold itself free to take whatever action it deemed necessary to deal with such abune. The question remained of how to put teeth into this declaration and in our telegram No. 17% to Hong Kong (sent when it was expected that a public announcement would be made about the disposal of the aircraft and pilot) we had told the Governor that he would be addressed separately on the question of taking emergency powers to facilitate in future the detention of the orews of aircraft and ships as well as the vesnals themselves.

2. The Governor already has the necessary power to detain aircraft under regulation 50 (copy enclosed) of the Emergency (Principal) Regulations, 1949, but no power to detain pilots. Even regulation 50 does not specifically authorise detention of a ship or aircraft, but under paragrapha 1 (a) and (3) a ship or aircraft my be prohibited from leaving Hong Kong and steps my be taken to enforce compliance. The practical effect is therefore that of detention.

3. It is now necessary to advise the Governor on how best to provide in the Emergency Regulations for the detention of crews and passengers also. In section 2(1) of the Emergency Regulations Ordinance, 1922, which empoweza the Governor in Council, on any occasion which he may consider to be an cocasion of emergency or publio dan ̈er, to make any regulations atsoever

/which

C. T. CROWE, ESQ.

which he my consider desirable in the public interest, it would seen that he has the power to do so. The best course would probably be for the Governor to make a new regulation, covering the detention of warships, military aircraft, and military vehicles, and of their crews and passengers, when entering the jurisdiction of the Colony during journeys for warlike purposes. ▲ comprehensive regulation of this kind would enable the Governor to avoid using regulation 50, which is imperfect for this purpose, as explained in paragraph 2 above. It appears that such a regulation might still be contrary to international law, in that it would involve the detention of people and machines involved in hostilities in respect of which H.M. Government do not recognise a state of belligerency. This difficulty was however not overlooked when the case of the disposal of the Chinese Nationalist aircraft and pilot was under consideration and the fair warning, quoted in paragraph 1 above, which has been given to the Coumundats and Nationalists, could be held to be sufficient justification for the measures to which we are now committed if that warning is to be more than an empty threat.

We should also advise the Governor whether he should make the emergency

In our view there regulation now or only when it is required for immediate use. is everything to be said for making it now. Thin would be an intelligible. step in succession to the warnings given to the Communista and Nationalists and, if the Governor ever had to invoke the regulation to make detentions, it would be much better for him to be doing so under a regulation which had been in foros before the incident occurred than for him to make a regulation to meet the circumstances of the incident after it had occurred; the latter method might appear underhand to public opinion.

5. We should be glad to have in the near future any Foreign Office view on the contents of the regulation which the Governor should be advised to make and on its timing.

It would be convenient for us to advise the Governor at the same tima on the procedure for dealing with warships and military aircraft calling at Hong Kong for refuelling or repairs. He sought our advise on this in his telegram No. 121 of 15th February 1955 and Harris of this office wrote to Murray about it on 21st February 1955; reminders were sent on 9th March,

/4th May

4th May, 18th June, and 4th November of that year, but we have no reonzi of any reply! In the light of our recent experience with the Nationalist aircraft and the warning mentioned in paragraph ↑ above, we now think that the Governor should consult the Secretary of State by telegras in sech osat, before deciding whether to give service to and release the ship or sizuraft or to detain it in socordance with the mergency powers now under diaqussia An empeption to this procedure would be American ships or planes; subject to your views, it is inconseivable that service should be denied then, that the drews sỹould be forbidden to land, or that the machine or the men should be detained. The Governor might be advised to give any acoessary help to the Americans (as he evidently envisaged doing) and to tell the Secretary of State as quickly as possible afterwards. At the same time he might be told whether the Foreign Office would propose, either now or in the next period of emergency in that area, to advise the United States Government or the Nationalists in the sense of parag aph 2 of telegram No. 121 of 1955 from Hong Kong. Perhaps we could have your comments on this also.

(J. B. Johnston)

SECRET AND GUARD

SAVING

で

27!

FED 604/499/01

From the Secretary of State for the Colonies

To the Officer Administering the Government of HONG KONG

Date 19 No. 1202 Saving

July, 1956

SECRET AND GUARD

Control of Movements of Aircraft, Ships and Vehicles, and their

Crews and Passengers.

You will recall that, in addressing the Chinese Government in Peking and the Nationalists in Formosa about the release of the Chinese Nationalist aircraft and pilot, Her Majesty's Government made it clear that, if in future it were considered that facilities in Hong Kong were being deliberately abused, the Hong Kong Government would hold itself free to take whatever action it deemed necessary to deal with such abuso. The question remained of the powers necessary to give effect to that declaration and in paragraph 6 of my telegram No. 174 (sent when it was expected that a public announcement would be made about the disposal of the aircraft and pilot) I said that I would address you separately on the question of taking emergency powers to facilitate in future the detention of the crews of aircraft and ships as well as the vessels themselves.

2. As pointed out in paragraphs 7 and 8 of your telegram No. 90, you already have the necessary power to detain aircraft under Regulation 50 of the Emergency (Principal) Regulations, 1949, but no power to detain pilots. Even Regulation 50 however does not specifically authorise the detention as such of a ship or aircraft but under paragraphs 1(a) and 3 a ship or aircraft may be prohibited from leaving Hong Kong and steps may be taken to enforce complianco. The practical effect is therefore that of detention.

3. It seems desirable however that steps should now be taken to provide for the detention of crews and passengers also, and it appears that Section 2(1) of the Emergency Regulations Ordinance, 1922, contains the necessary legal authority for doing so. I should be glad therefore if you would consider making a comprehensive regulation covering the detention of ships, aircraft,

vehicles, and of their crows and passengers, whenever it appeared to you "to be necessary or expedient in the public interest" to take that action. This should enable you to avoid using Regulation 50, which as indicated in paragraph 2 above, is imperfect for the purposes in mind.

In theory at least it would be possible for the now regulation to be applied in a manner inconsistent with international law. That risk has been reduced by giving to the Comunista and Nationalists the fair warning quoted in paragraph 1 above, but it remains desirable that the regulation should only bo used in casus in which its application could reasonably bo defended, either by roference to that warning or in other terms. Because public controversy might arise about the justification for such action, I should be grateful if you would consult me on each occasion before making use of the regulation.

5. There would seem to bo advantage in making the regulation in the near future, rather than on an occasion when it was roquired for immediate use. To make it now would be an intelligible step in succession to the warnings given to the Commists and the Nationalists and, if it ever had to be used, the action of the Hong Kong Government could be more easily justified to public opinion than if the regulation had boun made to meet the circumstances of a current incident in which it was to be used.

/6.

6. I take this opportunity to refer also to the procedure for dealing with warships and military aircraft callin, at Hong Kong for refuelling or repairs. This was the subject of your telegram No. 121 of 15th February, 1955, and I greatly regrot that you have not, had earlier comments. In the light of recent experience with the Nationalist aircraft and of the warning muntioned in paragraph 1 above, and in view of the political repercussions of those decisions, I should be grateful if (save in emergency circumstances which preclude it) you would consult mo by telegram in each case not only before deciding whether to detain a ship, aircraft, or vehicle, in accordance with the regulation now under discussion, but also before deciding whether to give service to the ship or aircraft and release it. An exception to this procedure ..ould be ships or aircraft of the United States Government. I do not consider that service should be denied them, that their crews or passengers should be forbidden to land, or that ships, aircraft or men should be detained. I therefore agree that, as you proposed, you should give any necessary help to the Americans but should be grateful if you would inform me by tologram at the time.

7. With reference to paragraph 2 of your telegram No. 121, it is not at present proposed to issue any warnings to the Chinese Nationalists or the United States Government to ensure that warships of their respective navies which are damaged in fighting do not go to Hong Kong for repairs unless they are in distress, but, if the situation again became very serious in the Formosa Straits and warships or aircraft were involved in hostilities, the desirability of doing so would reconsidered.

SECER.

For Executive Council Minutes

Regulation 1161 of the Emergency (Principal) Regulations, 1949

See

Volume of Ex Co Minutes

for half year

ended 30th June'sz

XCC 23

of 27.3.56. refers

(Hold in Library)

لا

C.B. 49

200x100-10/53-ABPOS

Colonial Secretariat file No. 2/3011/46

SAVINGRAM

To the Secretary of State for the Colonies.

Office Administering the Government

From the Governor, Hong Kong.

Date

No. 1565.

September, 1956

H531

CHIEF REGISTRAR'S OFFICE 13 SEP 1956 COLONIAL OFFICE)

FAR EASTERN

(21)

of 18th July, 1946.

Emergency Legislation

Mr. Creech Jones' Circular Savingram

　　　　　　　　　In accordance with the request in the last paragraph of the savingram under reference, I report below the general position for the six month period from 1st March, 1956, to the 31st August, 1956.

　　　　　　　　Defence Regulations. The Shipping Claims Tribunal Rules, 1956 (G.N.A. 27756) made under the Compensation (Defence) Regulations, 1940, by the Shipping Claims Tribunal, established the procedure to be followed in the hearing of claims before the Shipping Claims Tribunal, for compensation in respect of the requisition of vessels.

Amendment of Emergency (Principal) Regulations. The Emergency (Principal) (Amendment) Regulations, 1956 (G.N.A. 33/56) rescinded Regulation 116A of the Emergency (Principal) Regulations, 1949.

(a)

(b)

Amendment of Emergency Regulations

by the Emergency (Resettlement Areas) (Amendment) General Rules, 1956 (G.N.A. 19/56) the scale of permit fees in respect of resettlement areas, set forth in the Emergency (Resettlement Areas) General Rules, 1952, was rescinded and replaced; and

by the Emergency (New Territories Resettle- ment Areas) (Amendment) Regulations, 1956 (G. N.A. 63/56) the scale of permit fees in respect of resettlement areas in the New Territories set forth in the Emergency (New Territories Resettlement Areas) Regulations/was rescinded and replaced.

1954

　　　　　　　　　No new Emergency Regulations were made and no existing Emergency Regulations were repealed during the period.

　　　　　　　　　With reference to my savingram No. 435 dated 8th March, 1956, in respect of the six month period from 1st September, 1955, to 29th February, 1956, and I should be grateful if you would add the following item which was omitted in error:-

"Repeal of Emergency Regulations. By section 7 of the Penicillin (Amendment) Ordinance, 1955 (No. 50 of 1955) the Emergency (Penicillin Ordinance, 1948) (Amendment) Regulations, 1951, and the Emergency (Penicillin Ordinance, 1948) (Amendment) (No. 2) Regu- lations, 1951 (G. N.A. 15/51 and 25/51) were revoked."

DWBB: DOLL:b

SECRET

ComarED 440/07

INWARD TELEGRAM

IWAR

TO THE SECRETARY OF STATE FOR THE COLONIES

CORY. SI A...

FROM HONG KONG (Sir A. Grantham)

FAR EASTERN 26 OCT 1956 3 w/ BuchIUN

1958

Simplex

D. 24th October, 1956. R. 24th

PRIORITY SECRET

No. 839.

13.15 hrs.

LA TU

Addressed to S. of S.

Repeated to Peking, No. 274 and by savingram to Commissioner-General for the U.K.in

South East Asia and Tamsui

(S. of S. please pass to Peking as Priority).

An Emergency Reg wheels

Ordinance

I have been considering the general background to the recent riots and, in particular, the extent of the inflammatory material in the way of criminal gangs, which

There are some thousands was sparked off on this occasion. of these people who are banded together in societies which have no respect for law and order, are composed of desperate men, and may at any time resort to open violence when a

The threat presented favourable opportunity presents itself. by these people could at least be somewhat reduced if means can be found to remove a few hundred of the ringleaders out of circulation.

2. I have no doubt that the existence of this substantial threat to the internal security of Hong Kong is due in very large part to our inability of recent years to use the weapon of deportation, which has in the past acted as an effective deterrent against persons of this type. Owing to the practical difficulties of deporting, either to the Mainland or to Taiwan, it has been necessary to relax progressively the policy of deportation for certain crimes, until, as a result of some unfortunate incidents at the beginning of this year connected with junks employed on surreptitious deportation to the Mainland, deportation virtually ceased altogether. Police supervision which has been used instead is no

substitute. In the large number of arrests made after the riots we have pulled in a substantial number of these gentry (1,400 odd have police records). We cannot afford the risk entailed (which will be an increasing one) in releasing them in the Colony, either through lack of evidence to bring them to court or after short sentences imposed on minor charges. Moreover, there may well be others still at large who are an equal or greater menace to the security of the Colony.

3. After consultation with my Executive Council, I therefore propose to enact Emergency Regulations under Chapter 241, that whenever any person is liable to deportation under the Deportation of Aliens Ordinance, and I am satisfied that a a deportation Order would be incapable of enforcement, and (b) it would be contrary to the public interest for the person to be at large in the Colony, I may make a Detention Order. The Regulations will also provide for

(i)

Advisory Committees to hear objections against such Orders;

/(11)

(ii) suspension of Order when satisfactory

arrangements have been made for departure of detainee from the Colony;

(iii) suspension of order subject to conditions;

(iv) review of each case half-yearly.

4. Although I have taken temporary powers to legalise retention of these persons in custody without bringing them before the Courts (vide paragraph 4 of my telegram No. 816), I am anxious that these Regulations should be enacted without delay, and I should accordingly be glad to know by telegram that you are prepared to accept them in principle. Copies of the Regulations follow by savingram.

FED

440/01

(Copies sent to Foreign Office for repetition

to Peking).

ด

Supplement No. 2

TO THE

HONG KONG GOVERNMENT GAZETTE

Published by Authority

SUP, TO GAZETTE NO. [4] SUNDAY, OCTOBER 14, 1956.

No. A. 99.

[VOL. XCVIII

EMERGENCY REGULATIONS ORDINANCE.

(Chapter 241).

Emergency (Detention) ReguLATIONS, 1956.

　　In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the following regulations-

　　1. These regulations may be cited as the Emergency Citation. (Detention) Regulations, 1956.

2. (1) Notwithstanding the provisions of any law to the Power of contrary, any person arrested in connexion with any matter detention. arising out of the civil commotion which began on the oth day of October, 1956, may be detained in police custody for the purpose of inquiries, for a period not exceeding fourteen days from the day of that person's arrest.

(2) Lists of all persons detained under the provisions of paragraph (1) specifying the names of such persons and the dates of their arrest shall be furnished as soon as practicable by the Commissioner of Police to the Colonial Secretary,

486

THE HONG KONG GOVERNMENT GAZETTE.

(3) If the Governor is satisfied that any person or number persons already in custody ought to be detained in order that further inquiry may be made, he may from time to time authorize the detention of such persons for a further period or periods of fourteen days,

GOVERNMENT HOUSE,

14th October, 1956.

D. C. C. LUDDINGTON, Clerk of Councils.

PRINTED AND PUBLISHED BY W. F. G. JENNER, GOVERNMENT PRINTER,

AT THE GOVERNMENT PRESS.

Java Road, HONG KONG.

SECRET

INWARD TELEGRAM

TO THE SECRETARY OF STATE FOR THE COLONIES

FROM HONG KONG (Sir A. Grantham)

Cypher (0.T.P.)

D. 2nd November, 1956.

R. 2nd

10.30 hrs.

PRIORITY SECRET No. 872.

Addressed to S. of S.

Repeated to Peking, No. 282 and by savingram to

Commissioner-General, Singapore, No. 106 and Tamgui, No. 46.

(30)

My telegram No. 839.

Detention Regulations.

It is necessary that these regulations should be made not later than the end of next week. By that time certain persons whom it may be desirable to detain under them, will be due for release after serving short-terms of imprisonment for curfew breaking.

2. The need for this measure has now been fortified Uncertainty regarding

by current events in Middle East.

the steps which Peking might take in support of Egypt add to the tension and possibility of further trouble in Hong Kong. We must, therefore, reduce the number of hard- core professional trouble makers who are permitted to be at large.

3. Accordingly, unless you feel it necessary to comment on the draft Regulations (which were sent to you under cover of my savingram No. 1803 of 25th October) before Saturday, 10th November, I shall then proceed to enact them.

Rean Copy

930AM

seed

ясность

This bould have been ecwich

now.

Pl. let me

sec

carly

5th Nov. with on the file! If the file is not available, let me su unregistered and bell me who has

the

the file. (It may be with Sofs.) KGd. 2010

кал.

SECRET

9/401/01

INWARD TELEGRAM

TO THE SECRETARY OF STATE FOR THE COLONIES

KOY

1956

COPY FOR REGISTRATION

FROM HONG KONG (Sir A. Grantham)

Cypher (0.T.P. >

D. 2nd November, 1956.

R. 2nd

10.30 hrs.

EAIA

PRIORITY

SECRET

No. 872.

Addressed to S. of S.

Repeated to Peking, No. 282 and by

FAR EASTERN

5 NOV 1856

vingram

Commissioner-General, Singapore No. 106 and Tamsui, No. 46.

My telegram No. 839.

Detention Regulations.

　　The need for this measure has now been fortified by current events in Middle East. Uncertainty regarding the steps which Peking might take in support of Egypt add to the tension and possibility of further trouble in Hong Kong. We must, therefore, reduce the number of hard- core professional trouble makers who are permitted to be at large.

GMT/Dob.

"100-10/53-A8995,

FED 9,45

SAVINGRAM

SECRET

To the Secretary of State for the Colonies.

PRIORITY

From the Governor, Hong Kong.

Date 25th October, 1956....

No. 18.03.

CHICE

REGISTR. 3

OCT 1956

COL

(30)

My telegram No. 839 of 24th October, 1956.

I enclose herewith copies of the draft Emergency (Detention Orders) Regulations, 1956, promised in my telegram under reference.

SECRET

FAR EASTERN

31 OCT 1956 REGISTRY SECTION

EMERGENCY REGULATIONS ORDINANCE

(Chapter 241)

Emergency (Detention Orders) Regulations, 1956.

Citation.

In exercise of the powers conferred by section 2 of the Emergency

Regulations Ordinance, the Governor in Council has made the following

regulations

These regulations may be cited as the Emergency (Detention Orders)

Regulations, 1956.

(1) Wherever the Governor in Council finds under the provisions (Cap. 240) of the Deportation of Aliens Ordinance that any person is liable to deportation

Detention orders.

and is satisfied that a deportation order in relation to such person is not

capable of enforcement and that it would be contrary to the public interest

that such person should remain at large in the Colony, he may, in lieu of issuing against such person a deportation order under section 3 of that Ordinance, make an order (hereinafter referred to as a detention order) against

that person directing that he be detained.

(2) Any person detained in pursuance of a detention order shall be

deemed to be in lawful custody and shall be detained in such place as may be

authorized by the Governor and in accordance with any directions given under

regulation 4.

(3) The Governor in Council may direct that the operation of a

detention order be suspended if he is satisfied that arrangements have been

made for the departure from the Colony of the person to whom the detention

order relates, and upon the suspension of a detention order, the Governor in

Council may make a deportation order under the provisions of the Deportation

of Aliens Ordinance against the person to whom the detention order relates as

if the detention order had not been made

(4) In addition to the powers contained in paragraph (3), the

Governor in Council may direct that the operation of a detention order be

suspended subject to such conditions as he may think fit; and the Governor

in Council may revoke any such direction if he is satisfied that the person

to whom the detention order relates has failed to observe any condition so

imposed or that it would be contrary to the public interest that the detention

order should remain suspended.

(5)

The provisions of paragraphs (3) and (4) shall be in addition

to and not in derogation of the provisions of section 16 of the Interpretation

Ordinance.

Committee

of Review.

3. (1) For the purpose of these regulations there shall be a

Committee of Review or any number of such Committees.

The Chairman and

Internal management

of places of deten- tion.

Review by Governor

members of any such Committee shall be appointed by the Governor.

(2) The functions of any such Committee shall be to consider and

make recommendations to the Governor in Council with respect to any objections

against any detention order which are duly made to the Committee by the person

to whom the order relates.

(3) The procedure of any such Committee in the carrying out of its

functions shall be in accordance with any rules made under paragraph (4), cr,

where no such rule is applicable, as the Committee may in any particular case

determine,

(1) The Governor in Council may make rules as to the procedure of

such a Committee in the carrying out of its functions, including the

constitution cf a quorum, and such rules shall contain provisions for enabling

any person in respect of whom any such order is made to make objections

against the order either in person or, with leave of the Committee, by counsel

or solicitor; and every such person shall be informed of his right to make

objections under this regulation.

4. The Governor in Council may give directions as to the internal

management of and otherwise in connexion with any place of detenticn authorized under paragraph (2) of regulation 2, and as to the discipline of

persons detained therein.

5. The case of every person detained under a detention order shall be

reviewed by the Governor at or before the end of each period of six month.s

during which such person is so detained.

COUNCIL CHAMBER,

1956.

Clerk of Councils

DRAFT

Mr. Hahran Holic

Mr. Cruchfed 29/10

gemark flod

29/10 Mr.C Medialle

Mr.

Sir.

1. John Martino1/10

Perm. U.S. of S.

Parly. U.S. of S.

XMinister of State

Secretary of State of State

سال شاه

FILE NO. FED 9/401/01

TELEGRAM/*

SAVINGRAM

* The word Priority may, if necessary, be entered here.

Addressed to :-

Gor., Hang

Repeated to :-

Peking

Hong Kong Кад

Tameni

Commersiena-Syneral,

S.E. Ason

Urgency classification :-

Medium :-

Nil

En clair or

Cade

Cypher

RECEIVED

- 7 NOV 1956

Geog Deit

Rushford Legal

óc 440,

Distribution-

A.L. Mayall (FR.) youth copy 1 (30).

Realy urgently required. Priority Immediate

Emergency

(30)

Number.

907.

BY BAG

Savingrams only.

Your reference

Serial No.

Keyphisted Dent

Time and date

22 0-0

hours

1956

Security classification :- Unclassified Restricted Confidential Secret TOR Secret Guard

Your telegram

839.

Emayong Regulations: Detention,

Orders.

approve in principle.

bopies sent to 2.0. for repetion to

Peking

and

despatch ti

во

lo 2.0. Day Room for

Даз

Tamsui and Commission

general for UK - SE A

Asia)

Further action :

0900

8671156

Wt.22673 D6360 2,500 Pads 9/53 W.&A.Ltd.-923 Op.617

SECRET

OUTWARD TELEGRAM

FROM THE SECRETARY OF STATE FOR THE COLONIES

35A

FED 9/401/01

22.00 hrs.

TO HONG KONG (Sir A. Grantham)

Cypher (0.T.P.)

PRIORITY

　SECRET No. 907.

Sent 6th November, 1956.

Addressed to Governor, Hong Kong. Repeated to Peking

Tamsui

Commissioner-General,

South East Asia

}

by bag.

Your telegram No. 839.

Emergency Regulations: Detention Orders.

I approve in principle.

(Copies sent to Foreign Office for repetition

to Peking and to Foreign Office Bag Room for despatch to Tamsui and Commissioner-General, South East Asia).

Copy sent to:-

Foreign Office

Mr. A. L. Mayall

DRAFT

Mr..

Mr.

ليكم

Ashton 7/11

　　　Witney 7/14 Mr. Johnston U

Melville 8/11

Mr.

Sir..

Perm. U.S. of S.

Parly. U.S. of S.

Minister of State

Secretary of State

FILE No.

FET) 9/401/01

TELEGRAM /*

* The word Priority may, if necessary, be entered here.

* SAVINGRAM

Addressed to :-

Number.

Mov., Hong Kong

914.

Repeated to

Medium:

Urgency classification :-

En-clair or

Code.

Cypher

• Simplex

Riply urgently required Priority Immediate Emergency

Savingrams only.

Your reference

Serial No.

Sent

Simplex

Time and date

1515 8. 11.

hours

195

H.C.

Security classification :-

Unclassified

Restricted Confidential

Top Secret Guard

(33)

Your sawriquam

no. 1803 and belegram

(32)

ha.

872.

REOGIVE

- 8 NOV 1956

In Tel. G.D.

1200

7.1106

Distribution :-

Cuppy of this and of (3/4)

and/

to Mr. C.T. Glawe (Fr.) Mr A.L. Mayall (FP)

Geog Legal To

differ action

Emergency (Detention Ewers) Regulating

19576.

SOCIA

I have the following comments

* (9) Regulation 3 (4). The

proceedings before advisory conmrutter hearing objections against

detention order it is

usual

on that

provision

the Aby clar should be

informed of the

ajamist

hein.

Case

That was

so in the U. K. during

The last was under

W:.22673 D6360 2,500 Pads 9/53 W.RA.Ltd.-923 Gp.617

Regulation

18B and

and it

now included in

The

Cyprus.

Cyprus Emergency Regulations. December Сурана There jou in plot of your Urmid zou please including a provision

consider including

that every ibjecter shall be

fumished with sufficient

particular to

give

hein

reasonable information as to

The nature of the facto alleged against

(6) Regulation 5.

hein.

Since the making

the

of a detention ander, the suspension The reef, and conorduration of recommendation of

of review

The

a committee

are all functions Governor in Corneil, it would

seem reasonable that the six monthly review should also be made by the

Gorsser in Council. I should be glad

if you

would consider that,

SECRET

OUTWARD TELEGRAM

FROM THE SECRETARY OF STATE FOR THE COLONIES

Simplex

IMMEDIATE SECRET No. 917

TO HONG KONG (Sir A. Grantham)

Sent 8th November, 1956.

FED 9/401/01

15.15 hrs.

Your savingram No. 1803 and telegram No. 872. Emergency (Detention Orders) Regulations, 1956.

I have the following comments.

(a) Regulation 3(4). For proceedings before

an advisory committee hearing objections against a detention order it is a usual provision that the objector should be informed of the case against him, That was so in the U.K. during the last war under Regulation 18B and it is now included in the Cyprus Emergency Regulations. Would you please consider including a provision that every objector shall be furnished with sufficient particulars to give him reasonable information as to the nature of the facts alleged against him.

(b) Regulation 5. Since the making of a detention

order, the suspension thereof, and consideration of the recommendations of a committee of review are all functions of the Governor in Council, it would seem reasonable that the six monthly review should also be made by the Governor in Council. I should be glad if you would consider that.

Copies sent to:-

Foreign Office

Mr. C.T. Crowe Mr. A.L. Mayall

C.S. 84

ColoTMal Secretariat

16 o. 27/3231/56 SAVINGRAM

file

To the Secretary of State for the Colonies.

From the Governor, Hong Kong

28th November, 1956

Date

No.

2008..

November, 1956.

Regulations, 1956

copies of:-

(8)

(b)

Fo9/201/01

Your telegram No. 917 of 8th

(34)

Emergency (Detention Orders)

I enclose for your information

the Emergency (Detention Orders) Regulations which were made on 13th November and published in the Gazette on 16th November;

the Emergency (Review of Deten- tion Orders) Rules, 1956, which were made on 27th November and will be published on 30th November.

CHIEF REGISTRAR'S OFFICE.

- 3 DEC 1956

COLONNE OFFI

Supplement No. 2

TO THE

HONG KONG GOVERNMENT GAZETTE

Published by Authority

SUP. TO GAZETTE No. 61] FRIDAY, NOVEMBER 16, 1956,

[VOL. XCVIII

No. A. 103.

ROYAL HONG KONG DEFENCE FORCE ORDINANCE, 1951. (No. 25 of 1951).

ROYAL Hong Kong Defence FORCE (AMENDMENT) (No. 2) REGULATIONS, 1956.

　　　In exercise of the powers conferred by section 15 of the Royal Hong Kong Defence Force Ordinance, 1951, the Governor in Council has made the following regulations--

1. These regulations may be cited as the Royal Hong Kong Citation. Defence Force (Amendment) (No. 2) Regulations, 1956.

2. Regulation 5 of the Royal Hong Kong Defence Force Amend- Regulations is amended by the insertion of the word "each" ment of immediately following the words "two years" appearing therein and the deletion of all words thereafter.

regula- tion 5. (Vol. X, p. 428).

COUNCIL CHAMBER,

13th November, 1956.

D. C. C. LUDDINGTON,

Clerk of Councils,

498

Citation.

　　　　　　　　　　Detention orders. (Cap. 240).

Legal custody.

THE HONG KONG GOVERNMENT GAZETTE.

Explanatory Note.

Nate is not part of the regulations, but is intended

to indicate their general purport).

　　　Under the present regulation 5 of the Royal Hong Kong Defence Force Regulations the appointment of a Commandant may not be extended so as to result in the holding of the appointment for more than eight years in all. The object of this proposed amendment is to permit of further extensions at the discretion of the Governor as advised by the appropriate Service Commander, without specified limit.

(Secretariat D/DF/CMD)

No. A. 104.

EMERGENCY REGULATIONS ORDINANCE. (Chapter 241).

EMERGENCY (DETENTION Orders) REGULATIONS, 1956,

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the following regulations→

1. These regulations may be cited as the Emergency (Detention Orders) Regulations, 1956.

　　　2. Wherever the Governor in Council finds under the provi- sions of section 3 of the Deportation of Aliens Ordinance that any person is liable to deportation and is satisfied that it would be impracticable to enforce a deportation order in relation to such person and that it would be contrary to the public interest that such person should remain at large in the Colony, he may, in lieu of issuing against such person a deportation order, make an order (hereinafter referred to as a detention order) against that person directing that he be detained.

　　　3. Any person to whom a detention order relates (herein- after referred to as a detained person) may be detained in such place as may be authorized by the Governor (hereinafter referred to as a place of detention) in accordance with these regulations and with directions given under regulation 6, and any person so detained shall be deemed to be in legal custody.

SUPPLEMENT No. 2, NOVEMBER 16, 1956.

499

tion orders.

4. (1) The Governor in Council may direct that the opera- Suspension tion of a detention order be suspended if he is satisfied that of deten arrangements have been made for the departure from the Colony of the person to whom the detention order relates, and upon the suspension of a detention order, the Governor in Council may make a deportation order under the provisions of the Deportation of Aliens Ordinance against the person to whom the detention order relates as if the detention order had not been made.

(2) In addition to the powers contained in paragraph (1), the Governor in Council may direct that the operation of a detention order be suspended subject to such conditions as he may think fit; and the Governor in Council may revoke any such direction if he is satisfied that the person to whom the detention order relates has failed to observe any condition so imposed or that it would be contrary to the public interest that the detention order should remain suspended.

(3) The provisions of paragraphs (1) and (2) shall be in addition to and not in derogation of the provisions of section it of the Interpretation Ordinance.

(Cap. 1).

5. (1) For the purpose of these regulations there shall be a Committee Committee of Review or any number of such Committees. Any of Review, such Committee shall consist of a Chairman to be appointed by the Governor and two members of the panel appointed under paragraph (6) selected by the Colonial Secretary.

(2) The functions of any such Committee shall be to consider and make recommendations to the Governor in Council with respect to any objections against any detention order which are duly made to the Committee by the person to whom the order relates.

(3) The procedure of any such Committee in the carrying out of its functions shall be in accordance with any rules made under paragraph (4), or, where no such rule is applicable, as the Committee may in any particular case determine.

(4) The Governor in Council may make rules as to the procedure of such a Committee in the carrying out of its functions, and such rules shall contain provisions for enabling any person in respect of whom any such order is made to make objections

500

THE HONG KONG GOVERNMENT GAZETTE.

Internal

manage- ment of places of detention.

Review by

Governor

against the order either in person or, with the leave of the Committee, by counsel or solicitor; and every such person shall be informed of his right to make objections under this regulation.

(5) It shall be the duty of the Chairman of a Committer to inform every person making objections of the grounds on which the detention order has been made against him, and to furnish him with such particulars as are, in the opinion of the Chairman. sufficient to enable him to present his case.

(6) The Governor may appoint such persons as he may think fit to be members of a panel for the purposes of this regula-

tion.

　　8. The Governor may give directions consistent with these regulations as to the internal management of and otherwise in connexion with any place of detention, and as to the discipline of persons detained therein.

7. The case of every person detained under a detention order in Council. shall be reviewed by the Governor in Council at or before the end of each period of six months during which such person is so detained.

Officers

to be appointed

to effect detention.

Manage- ment. etc., of

places of detention.

(No. 17 of 1954).

　　8. The Governor may appoint a Superintendent and other officers under the control of the Superintendent to effect the detention of detained persons in accordance with these regulations and with directions given under regulation 6.

　　　　(1) For the purposes of this regulation- "officer" means an officer appointed under regulation 8; "Superintendent" means the Superintendent appointed under

regulation 8.

　　(2) The provisions of the Prisons Ordinance, 1954, and the Prison Rules, 1954, subject to such modifications as the Governor may order and except as such provisions are inconsistent with the provisions of these regulations, shall apply, so far as the same are applicable, to the detention of detained persons for all purposes whatsoever as they apply to persons detained in prison

SUPPLEMENT No. 2, NOVEMBER 16, 1956.

501

under the provisions of the Deportation of Aliens Ordinance as (Cap. 240). if for the word or words in the first column of the Table hereunder were substituted the word or words opposite thereto in the second column of the said Table incorporating such grammatical varia- tions thereof as may be required.

First column

Commissioner

officer of the prison

officer of the Prisons

Department prison officer

prison

prisoner

the Medical Officer

Second column

Superintendent

officer

place of detention detained person

a medical officer authorized

by the Superintendent.

etc.

10. Any officer of the Prisons Department who is an officer Discipline appointed under regulation 8 and any other person employed in of officers, a place of detention shail be subject to the provisions of Part V of the Prison Rules, 1954, (which relate to the discipline of such officers and persons in prisons) in all respects as if the place of detention were a prison and the persons detained therein were prisoners.

11. (1) No detained person shall be required to engage in Detained

work.

persons not liable to engage

pulsory

Betained (2)

persons may receive payment for voluntary in com- work in accordance with rates to be approved by the Governor. work.

COUNCIL CHAMBER,

13th November, 1956.

D. C. C.

LUDDINGTON, Clerk of Councils.

502

THE HONG KONG GOVERNMENT GAZETTE,

Explanatory Note.

(This Note is not part of the regulations, but in intended to indicate their general purport).

Under the Deportation of Aliens Ordinance, Chapter 240, the Governor in Council may issue deportation orders against aliens in certain circumstances. The purpose of these regulations is to provide an alterna- tive course by enabling the Governor in Council to order the detention of any person liable to deportation under that Ordinance where he is satisfied that a deportation order would not be capable of enforcement and it would be contrary to the public interest that such person should remain at large. The power to make auch detention orders is conferred by regulation 2.

2. Regulation 3 provides for the detention of persons against whom a detention order is miado,

3. Regulation 4 allows the Governor in Council to suspend a detention order and issue a deportation order where he is satisfied that arrangements have been made for the departure from the Colony of the person concerned. or to suspend a detention order subject to conditions.

Regulation 5 provides for the setting up of Committees of Review to consider objections to detention orders and to make recommendations to the Governor in Council with respect to such objections.

6. Regulation 6 enables the Governor to give directions as to the internal management and discipline in places of detention.

6. Regulation 7 requires the case of each detained person to be reviewed by the Governor every six months.

7. Regulations 8 and 9 respectively provide for the appointment of detention officers, and apply the provisions of the Prisons Ordinance and Rules, 1954, so far as they are applicable, to persons detained under the regulations, as they apply to persons detained prior to deportation.

8. Regulation 10 applies the disciplinary provisions of the Prison Rules, 1954, to prison officers appointed under regulation 8 and other persons employed in places of detention.

Regulation 11 prohibits compulsory work in places of detention and permits payment for voluntary work.

યુ.

(Secretariat 27/3231/56)

PRINTED AND PUBLISHED BY W. F. G. JENNER. GOVERNMENT PRINTER,

AT THE Government Press.

JAVA ROAD. HONG KONG

ง

EMERGENCY (DETENTION ORDERS) REGULATIONS, 1956.

Emergency (Review of Detention Orders) Rules, 1956

Citation

　　　　　　　　　　In exercise of the powers conferred by regulation 5 of the Emergency (Detention Orders) Regulations, 1956, the Governor in Council has made the following rules

These rules may be cited as the

Emergency (Review of Detention Orders) Rules, 1956.

Interpreta-

tion.

In these rules

haking of

objections.

Recommenda- tions of Committee,

Hearings to

be in camera

Place of hearing.

"Committee" means a Committee of Review established under

regulation 5 of the regulatiɔns;

"regulations" means the Emergency (Detention Orders) Regula-

tions, 1956;

"Superintendent" means the Superintendent appointed under

regulation 8 of the regulations.

Any person detained under a detention

order made under the regulations may, within fourteen days of

his being informed of his right to make objections, give to the Superintendent notice in writing in the form prescribed in the

Appendix that he wishes to make objections against the deten- tion order, and the Superintendent shall immediately forward

such notice to the Chairman of a Committee.

A Committee, having considered the

objections made under rule 4, shall make such recommendations

to the Governor in Council as to the continued operation or

suspension or revocation of or any other matter relating to

the detention order concerned as it may decide,

be in camera.

Every hearing by a Committee shall

A hearing by a Committee shall be

Decisions to

be by major-

ity vote.

held at such place as the Chairman of the Committee may decide.

All decisions made by a Committee

shall be by a majority vote.

APPENDIX.

FORM

EMERGENCY (REVIEW OF DETENTION ORDERS) RULES, 1956.

NOTICE OF INTENTION TO

MAKE OBJECTIONS TO A DETENTION ORDER.

F.J

To the Superintendent.

I hereby give notice that I wish to make objections against a

detention order dated

COUNCIL CHAMBER,

1958.

(Signed)

(Date)

Clerk of Councils.

C.S. 18

Colonial Secretariat

file No.27/3231/56 SAVINGRAM

To the Secretary of State for the Colonies.

'rom the Governor, Hong Kong

FAR EASTERN

Date

December, 1956.

12 DEC 1956

No.

.....2065

REGISTRY SECTION

My savingram No. 2008 of 28th

November, 1956.

Emergency (Detention Orders)

Regulations.

I enclose for your information a copy of the Emergency (Review of Detention Orders) (Amendment) Rules, 1956, which have been published today. Any confusion which may have been caused by the omission is regretted.

For convenience I also attach

a copy of the Rules as amended.

12DECH.

COLONIAL OFFR

.3)

EMERGENCY (DETENTION ORDERS) REGULATIONS, 1956.

(G.N.A. 104/56).

Energency (Review of Detention Orders) (Amendment) Rules, 1956.

Citation.

Addition of new rulo 4.

(G.N.A.108/56),

Renumbering

of rules

4,5,6 and 7.

In excrcise of the powers conferred by regulation 5 of

the Emergency (Detention Orders) Regulations, 1956, the Governor in

Council has made the following rules

1. These rules may be cited as the Baergency (Review of

Detention Orders; (endment) Rules, 1956.

The Emergency (Review of Ietention Orders) Rules, 1956,

(hereinafter referred to as the principal rules) are amended by the

addition after rule 3 of the following new rule

"Hearing of

objections.

4. Upon a notice being forwarded to the

Chairman of a Committee in accordance with rule 3,

the Committee shall hear the person by whom the

notice was given or, in the discretion of the

Committee, any counsel or solicitor representing

such person, and any witness to such extent as the

Committee considers reasonable, and shall consider

the objections made.".

3. Rules 4, 5, 6 and 7 of the principal rules are acended by

being renumbered rules 5, 6, 7 and 8 respectively.

COUNCIL CHAMBER,

6th December

,1956.

D.C.C.Luddington

Clerk of Councils.

Explanatory Noto.

(This Note is not part of the rules but is intended to indicato their gencral purport.)

These rules introduce into the Emergency (Review of Detention Orders) Rules, 1956, a new rule 4 dealing with the hcoring of objections made by a person detained under the Emergency (Detention Orders) Regulations, 1956. The new rule wes inadvertently omitted when the principal rules were subuitted for enactment.

Citation

Interpreta- tion.

Kaking of objections.

Hearing of objections

　　Recommenda- tions of Committee

EMERGENCY (DETENTION ORDERS) REGULATIONS,

1956

Emergency (Review of Detention Orders) Rules,1956

In exercise of the powers conferred by

regulation 5 of the Emergency (Detention Orders) Regulations,

1956, the Governor in Council has made the following rules

These rules may be cited as the

Emergency (Review of Detention Orders) Rules, 1956.

In these rules

"Committee" means a Committee of Review established under

regulation 5 of the regulations;

"regulations" means the Emergency (Detention Orders) Regula-

tions, 1956;

"Superintendent" means the Superintendent appointed under

regulation 8 of the regulations.

Any person detained under a detention

order made under the regulations may, within fourteen days of

his being informed of his right to make objections, give to the

Superintendent notice in writing in the form prescribed in the

Appendix that he wishes to make objections against the deten-

tion order, and the Superintendent shall immediately forward

such notice to the Chairman of a Committee.

Upon a notice being forwarded to the

Chairman of a Committee in accordance with rule 3, the

Committee shall hear the person by whom the notice was given

or, in the discretion of the Committee, any counsel or

solicitor representing such person, and any witness to such

extent as the Committee considers reasonable, and shall

consider the objections made.

A Committee, having considered the

objections made under rule 4, shall make such recommendations to the Governor in Council as to the continued operation or

suspension or revocation of or any other matter relating

to the detention order concerned as it may decide.

He. Mings to

be in camera

be in camera,

Place of hearing.

Every hearing by a Committee shall

A hearing by a Committee shall be

held at such place as the Chairman of the Committee

may decide.

Decisions to be by major-

All decisions made by a Committee

ity vote.

shall be by a majority vote.

APPENDIX.

FORM

EMERGENCY (REVIEW OF DETENTION ORDERS) RULES, 1956.

NOTICE OF INTENTION TO

MAKE OBJECTIONS TO A DETENTION ORDER.

[.3

To the Superintendent.

I hereby give notice that I wish to make objections against a

detention order dated

COUNCIL CHAMBER,

1958.

(Signed)

(Date)

Clerk of Councils.

Aw 490

24.3.524

Mr Harris

(1) should be noted in therwise ? ack as

Library (Legal),

in d. h.

-12/4

NoHam's

13/4 dum

HoMG

KONG DES 593

15-L-SZ

ソ

Seenet

cel 320

3 ye

(Flag "A~)

requires

7MM

(Flag")

Mr. Barton

Kr. Hopkinson

Mr. Harris

Emergency Regulation. 116A (copy at No. 1QA on 14237/15/51) authorises the death penalty for conviction for:-

(a) Carrying or posse. sing without lawful authority a bomb,

grerade, mine or other similar apparatus; or

(b) Using or attempting to use arms, ammunition or explosive

substance against any person or property even if that use does not cause death or injury.

The regulation was enacted in 1950 and has remained in force ever since. It was, however, only after considerable hesitation that the Secretary of State yielded to the pressure from Hong Kong for its enactment, and stipulation was made that its continuance in force should be reviewed and would require the Secretary of State's approval every six months.

The last six-monthly approval by the Secretary of State expired on the 19th April and as you will see from (3) opposite it had unfortunately 'passed unnoticed" in Hong Kong.

6-monthly

If my interpretation is correct, the regulation itself remains legally in foros, since the review was a purely administrative matter between the Secretary of State and the Governor, no time limit being written into the proclamation of the regulation. I assume therefore that no legal difficulty will arise as a result of Hong Kong's oversight.

The fact, however, that the 6-mont ly review was overlooked in Hong Kong, together with a certain casualness, which I hope I am not uncharitable in detecting in the belated request for approval at (3), is somewhat disturbing.

Since Sir Thomas Lloyd's minute 15/4 on HKP.488/85/01,

/minutes

(Flay "C")

minutes on the subject in this office have repeatedly drawn attention to the danger of this exceptional regulation coming to be regarded as normal in Hong Kong and the periodic renewal of the Secretary of State's approval becoming automatic.

We have, therefore, two points for consideration;-

(a) Whether the Secretary of State's approval should

be renewed until October of this year.

(b) What, if anything, should be said about the

belated request for this approval.

As far as (a) is concerned we have on the last two occasions given attention to the deterrent or otherwise effect of the regulation as shown in the statistics for the crimes concerned. The up-to-date statistics are not given in the telegram opposite but will follow by savingram. Unless, however, there is a very marked change in the number of crimes covered by the regulation it is difficult to draw any firm inferences from them. The situation remains in fact very much as sumarised by Sir John Paskin in his minute 10/10 on HKP.488/85/01. The political situation in the Far East has not changed radically since that minute was written and I can there- fore see no strong reason for refusing Hong Kong's request for continued approval of the regulation.

As far as (b) is concerned I think we might do well to send out to the Governor a despatch setting forth in some detail the importance which is attached here to the need for careful and frequent review of the regulation, and expressing concern lest this importance be overlooked in the Colony. have not in fact revealed our thinking on the subject to Hong Kong since the regulation was first enacted.

The se papers have not been seen by Ministers since April 1953 and should perhaps be seen by them again either now or in October this year when the next review would be due.

10.

? As in draft herewith and re-circulate for despatch.

(I MLittler)

12th May 1954.

am afraid I think that Events in

budo China Mush affect policy wrands Western

the Far East in a

Rai

Cheners

habos

harmful

may a that there Extraordinary fronces should remain unts we "I know where we que

Juan Salon

12.5°

minute,

As regards

aquer

wlty will wine

If In Little's legal diffien

unet

of Hong

Kang's failure to obtain the Softs

that

3 سرا

ما

authority for the continuance of this Regulations.

in force

J. 8. Haplemen

12.5

I see no med to await the savingam promist in (3)

before exposing

cantinames in fores of Emergency

Regulation 116A, since the

not rest on

statistical licence

for reneval does

but

generally disturbed political situation in the for

Est.

1. I

hyper

Hash Hing King showed be warned not to

regard there renewals a

automatic

don't weather w

wand

Vanch

desport for this purpose.

to the telegram

Inch I separate

To have suggested

feeling is that the continueres of

this Regulation should be reviewed at yearly

witead

at b-mathy intervals. then require the Govenor to submit

appreciation of the situation

We could

fuller

the wild

be aspopriate may present arrangements

near to me

that six-monthly reviews

much too frequent

and tend to

to become

(se for as Hong Kong is concerned) mutter of form.

Hay

Witami

1315.

this day what

ཌ་ ་ ་ ་

Sir John Martin.

I agree that we should approve the continuance in force of Emergency Regulation 116A for a further period of six months from 19th April.

As regards the history of this Regulation, I would refer to Mr. Harris' minute of 14.10.52 on HP 488/85/01; you should also be aware of Sir Thomas Lloyd's minute of 15.4.53 on that file. But with other possibilities in view, of which you are aware, this is not the time in my opinion to loosen up at all I do not think that we need wait for the promised savingram containing up-to-date figures before approving continuance for a further period of 6 months from the 19th April.

I have some sympathy with the suggestion contained in paragraph 3 of Mr. Harris' minute of 13.5 on this file for a yearly rather than a six-monthly review, but on the whole I should prefer to leave it to the Governor to suggest a review less frequently than at six-monthly intervals, and hiding case Itzid that thirst review should be in Octo when the siluating arising out of the freva conference

be aronhit clarified.

[they

S&C. Jeffnes

JBs...

14. 5. 1954.

Notess costuming than when you miniated on 14.10.53,

this is not the moment

Reculation; but there is

dosh the

much uncertanto

about the future developments in the For Ent

and, though a sudden

unlikely,

improvement is

we need not at forsent distant the

bractice of half park review.

bara 2 of off.

lagne with

? les proposed

JMM15/3

Дарм

6.8.8.17/5

I her alt mal draft slightly.

4 To Hong Kong - TelN0353-

Judy 18

18/5754

сл

}

Асло 177 Де

Reb 3

-gives

Mr Harris

(5)

gives

argument

14.5.54

ва

recent figures fr caimer involving arms

the statistics promised in (3)

مه

tave

yle have

in support of continuance of Emergency Regulation 116A in force. already approved continuance in force at (4) and have asked for a full report before the next renewal of approval is considered In the wroumstances (5) is largely

academic, and I think we need not examine it closely until the next full report is received.

? but by

هو

2016

Mr. Sicbotham

agou

(5) but you

работо

Hat no

further notion neadd be taken

should be

that two

recently

courted

and

scatered

to death

under

do not

hear

should

ash

the

informatio

here as

how many

this Regulatio.

sult of the apperto

yourner for

He quatim ever

Jess one

har

It we

executed

E.R. 116A

This

anow

We will

look out for

比

report of the appeal in

H.K. newspapers.

горив

بسیاریه هام

ins

8 weeds.

Another 2 mouth.

27/"" wh

Mwami

28/7den 28/7 akm

27/5.

B/0 nel minute врить

minule 27/5.

Kis. Claud

'su overleaf.

ка

B.4. ref ministe 28%

sayty

289

$10

Bring up

one week please.

6 Hang Kany

Its in

لحمد

1501

draft.

Shatter

at anar.

zila/e

دار

7. HONK

KOMG 白日名 1551

2-10-52

Sow 1514 A

W.1. £4

8 Gev

(૪)

and B/O web minute 1/4.

Mr. Barks

صراف

Mr Harrislio

Mr Pack

ка. сеть 5/5

At (8) the 0.A.G. seeks approval for retaining

　　116A in force for a further Emergency Regulation period of six months from 19th October 1854. The "background to this excroise is given in 12/5 above.

minute

Opinion in the C.O. had hardened somewhat

　　　　　　　　　　too casual against what appeared

to the

approach to it in "Hong Kong. This was responsible for para 2 of our telegram at (4)

3. x/ of (8) suggests that Hong Kong had

been guilty of relaxation of the care with which such legislation ought

to be examined.

in fast

regularly

I su

point in seeking to analyse

I the

copy

at (lon

14237/15/51

E.R. 116.8, should

the facts and figures given in (8). The conclusion

quite simply that the situation is unchanged, and policy in respect of therefore be unchanged. Furthermore of appreciable change in the situation foreseen.

siger

5. One further point in (8) deserves noting,

in the Colony at of the reference to opinion

to, indeed on the whole suffarting, as not objecting the retention of the Emergency Regulation.

it suma

6. Viewed in the context of Hong Kong alone,

must accept beyond doubt that the O.A.Ç.'s recommendation, supported by Ex. Co. Unless, therefore, there are contrary arguments bance on current policy towards Comerginos Legislation of this type in general, I think we must give approval.

? As in dift.

Shilla 5/10

Nr.

The background

minute of 12/5/54

on this file.

to C is given in Mr. Littler's

abo

Please are

N* Sidebottan's minute

$ 14/5/54.

The braic grounds

which

presionely have approved

the continuance in force of *E.R. 116^ are

at / in

53 m

10/10/53

at out

Mr. (now Sir John) Puskin's minute of

HKCP 488/55/01

and security point of vicar

From

political

the situation has

and subject

not undergone any

radical change

observatime

wit to make

may think that

You may

mmt

advise He

onct

again

S.qs. that

force

ER 116A should remain in

for a furthy period of six months, at least

Draft how.

Jasm and am

Erateful to Mo Harris

for his milite above giving references

to sceline pp.

J.A.8.

9141

Яннамай

7/10

Sir Charles Jeff

I agree with the conclusion reached in the fore- going minutes that Emergency Regulation 116A, should be continued in force for a further six months.

So far as Hong Kong is concerned the situation has not undergone any radical change; the only thing that has happened is that the Chinese have placed their relations with us on a more satisfactory basis by recognising our representative at Peking. But on the other hand, there is a possibility, of which you are aware, that the security situation in Hong Kong itself may be rendered more difficult in the near future if certain decisions are takon, which in my view emphasizes the undesirability of any relaxation in security measures at present.

I assume that you will wish to send this on to Ministers.

9.10.1954.

I agree that this renewal should

be approved.

дара.

Oct 14

61.7.10/10

HOME

KONG SAV 1605_PTY_ESECRET_ 16__10_52_

10/14/55

sitiss

In Rigen

Any funder actin

minute of 23/5 he?

Apoke with Mr. Harris.

KD. Clark'

When the question of rencuring approval of E.R. 116A next arises (this will be April 1955) we should take the opportunity to ask how

sentences have been passed under the regulation since it first

came into force.

marry

15/10

Mr Harrie

(10) is a

reminder

tre 846 s

19.10 54

You.

from Hong Kong about (8).

Я сво

Since (9) was sent several days ago, not think

we need telegraph in reply to (0).

might

2. I suggest, however, that next time the question of renewing approval arises, we reply by telegran if the time-limit is short. ? but by.

I attend a dragt in case

ought to accomledge (10)

19/10

Mr. Sidek. Then Thinker

Янчиний

14/10. yes.

25710 al-

Kh linele (9)!

Pirin Millican-thin

fillitseid te ontd

LIL every

Prit

This should

:mmins?

。

be referred

widong Kong

AL.L

Mesin to betinal

force

of taken. AYS

Check o ma twith.

the

69089/Sec

30 10 Sc.

4/4/57

12 HK Sav 43 w

Put by.

Witam 23/3.atones.

353

Hooy

113. Güv

pbachlei

15/4155

Please attack

14237/15/51 +

rend to 19:1 Harris

SAY 517- Wimm

Mr. Couchtay Mr. Mackintosh.

I'm (13) the Govenor seats approval for the inativesomes in fores for a further period of months of Emergency Regulations 1164, a which will be found at (10A)

copy of

in 14227/15/1951.

The history

of this Regulatim is outlined in my

minute of 14.10.62 on

HKP 488/85/01.

See

do Iix T. Lloyd's minute of

Si. J. Packin's minute of 10.10.53

15. 4.53

that

file.

Renewal of ER 1169

best appoond is

October 1954

when the file

submitted

stati.

1.4.55

to He Minister of

situation he not changed radically rime

The

свои

and

10.10.1983 referred Dis J. Paskine minute

ER 116 A I subunit that

should

once agains

renewed for

further period of six months

I have marked He fole 'immediate as the

current six months period expires

Dift how.

April 19th

hru cum's

160|4.

I agree

II Conchley 1614

Am 18v

18.4.55

To Hong Kong.

TEL 390-

by to note...

hoted in bil

48.

60756

15 Hong Kong live

Sup=

15/1155

N034

by. Mr Howard - Drake 14/9/55 imbelly 1/4

In Howard Drake

مة

سبك

above

Hong Kong

M. Cuchley

1.E. hill 14/9.

Saw. 1483.

my doubts about some

which Emergency Reps.

we spoke

I mentioned

the

иметь д

Hong Kong are

bering put. You

said

would

like to an

день

the

рафлам

which I went ahwith.

So-Such

дя

13/9

Subsection (1) of section 2 of

Regulations

the

Ordinance

Comment

(Carp. 241) makes the Governor the sale gidge of when

is one

of emergency

occasion

public danger;

I and

(Imule out a (patent audita)

and

he consides that such an

he many

excision has arisen

any

make

considers to

regulations which he comentes

in the public interest

be desirable

any

It is difficult to envisage Governor's

nstances?

decision on

which the

either of them

points could be challenged succenfully

any

Court.

I see

from (5)

fact

with

14237/15/1949 that the wris certain provisions were mis challenged (and unmccessfully);

1949.

but

ground.

Are are

dange be may

2. A

that

there is

once there

public

· coordingly, of emergency

the Governor's opinion, make regulations

the Wichmance

on any

considers desurable

math he

tamm

thing

on respect of subject's not obviously connected with

an enginy

I note that

public safety. penicillin and agricultural poisons

　　　　that each have been the subject of emergen regulations, and think that

　other of could reasonably be said to be desirable

the

grounds stated in section 2 (i) of

the Ordinance.

3. Looking through his

Regulations reported

and made

two

I see no

Fronthly parade, legal

objection

fing

the

the use

the James

move being made mander section 2(1),

ян.

1.4. Couchley 18/10

17 Hong Kong Jal. 1037 Pty Leart boren 19/10/3

Conson

There is clearly

and 16.7

no reason not to applove the extension of Reg. 1161 for a further period of 6 months of have unt a telepem accordingly.

not sun (8) when I cent (17).

I hand

тель.

Hong Kong TelNo 1044

20 H.

K..

717

Sir John Martin-

bow. Stale

25710.

90-10-55

Please

brought to

may

(17)-(20) [(8) had not been ✓ cent (^)].

attention when

2. Regulation 116 A provides for the

death penalty for the poracision or are

arms

ammunition etc. It is subject

to the approval of the s.of.5. at intervals

If six months.

3. Approval (14) until the 19th October 1955

wes lest given at

of.

In view of the shortage of

timise

in her. Mackintosh's absence abroad, I took the responsibility of authoring

this. I hope

the evidence of

extension for

further ein

you

will

that on

арме

(18)

in the absence of any majir

alteration in the circumstances of Hong Kong,

we would not do otherwise than accept

the Governor's adore.

(19)usted

in 4L. J.

from Jink

4/10

I agree (ext next time this showed be

Sent forward to be her authority of within Connect on Fri 7. Lloyd's minute of 15.4.53

on the 488/85/01).

B.J. 25 mart 1956.

101.

27/10

aloner

824/11/

of once

25/10 of

21 Hory Key Son 435

8/31:41

Reports general position for six months

1. Sept 155 t

Feb "56.

In Behan

for

The periodiz

periodiz review

political information

untains nothing startling.

minik o

with reference

at (21) 15

6th Howard-Drakes

the 28th Ortner, Regulation

described in Ihr Harns's

116 A (which is described in

mture of the Kith Ortsher 1952 on

due for

HKP 698785/01) will fall due

renewal

H.K.

успе

on the 20th Apul. has home

little time framider

The matter, their recommendation arriving

nine days

beforehand.

'We shd remind

1.1. of the importance

careful

consideration of the necessity of the)

as in draft telegram opposite.

Regulation

(21). Put by

314

better

Best Innell

2313

had

another week

ke the draft apposite,

gine Hay Kay before telegraphing if necessay.

Bu early

3rd April after

checking whether the desired report

received.

been

hes

in Ashton

ви

✓ minute 26/3.

AE Bath

Mr. Whitty

would

Re the deaft telegram opposte,

you pl.

check at arce

whether

The desired communication has been

If it has, register

and

of it has not, senst

received.

cuc. to the.

The telegram

1440.

13/14

- Hongkong.

Katona

5.4.56.

Tel, 290. Cons

5.4.56

23" Hong King Tee 274

Ref (22) Proposes to rescind Reg. 116A.

24 Slee

Slazy

•RGAY.

Sain bn.) b 1.56

King - Sev Br). Ruf (18) & (19) No longer presses for retention of Reg, 116H

* Copy temprarily

Enclosed.

Mr. Cruchle Mr. Terrell Mr. Johnston

12/4

Please see (24).

Regulation 116(a)*required the death penalty for conviction of (a) carrying or possessing without lawful authority a bomb, grenade, mine or other similar apparatus; or (b) using or attempting to use arms, ammunition or explosive substance against any person or property even if that use does not cause death or injury.

3. The regulation has always been distasteful to the Secretary of State and, when it was made in 1950, the condition was imposed that its continuance in force should be reviewed every six months and a recommendation be made at

that interval to the Secretary of State, e.g. (18) (19).

4. You may be interested to note that the Governor now proposes to rescind the regulation at an early date.

5. Legal Library to see.

Sean thanks.

Wienell

16/4.

Kataton

(K. G. Ashton) 12th April, 1956

So28 (6)

Sozk

келся

Legal Libram

Pl take paper ✓A

See thanks

Thin

20/4.

27/4/10

25 Exifier Reath

26 C.T. Crowe, F.O.

Fed 289/499/01

Orig aft

Put in

hve

30/4/576

Tinnell

alance

575

27 Hong Kong Sau 1202

Orig aft

THED 604/499/01

Tully

Ther

well

19/7/56

atrice 19/7

28 Reference to Exicutin Concl

Regulation 116A.

ستار ١١٠٠٠

29 Hiking Car 1565

Reforti

171.6

general position for 6 month

Period 1.3.56

You

1.3.56 to 31.8.50.

Me. Cuchley.

Dow

Place асс

(૩૧).

Para. 3 thereof clates to (24), which

cartier.

Unters I have missed a legal

I is belied by para

point, para. probably

was

in cuor.

3 and

contine statement nincluded

Subject to comments, p.6.

No comments. Put

Put day IH Cruichley 18/9

art ar c

Klitshran

7/9/56

30 H. Kry Tel 339

24.1056

31 Supha2 11 Kang Savelle

14-10-56

Mr. Cunchly.

FED

(7) 124/402/01 (flagged)

崾

Jde.

Mr. Johnston.

For some years

Please see (30) and the duft opposite.

the Chiners People's" "Yout. has ufused to accept criminal departées from Hong Kong. When deportation has been absolutely cosential, the Lovernor has the deportics dumped surreptitions- Chinese coast by pink. According para. 2 of (30) such junks,

2 had to;

The

well

involved

year.

in "unfortunate incidents" carly this I do not wealt hearing of the incidents, but we had certainly not overlocked the

and haute had conceperature possibility

which did not about it with the F.D., where cent months

seam to be

vely

wonied.

from (30) that

the Gevemos has tried to avoid deportations cutively by using the Police Supervision,

Ir appears that policy has been ineffective. Therefore he new wishes to try

Ordinance, 1956.

suggetst

Detention

may

well

In the delicate situation of Hong Kong, the Governor's proposal appecans cease- able. I get a reply to (30) as in drift. Since detection orders, cubuse parliamentary and other controversy На рарабл

other puthie

that

at some time, I suggest

be submitted to the d. of S.

корила

26/1

the course proposed seems clearly to be within the Towers conferred by sector 2(2) of the Emergency Regulations Ordinance (cap. 241)

be represented

might

unfringement

of Article 5 of the European Convention

Huma

Ring hotos

from Manis

but Putman that this Commentin

undation

does not apply to Hong Kong.

Mr Rushfad agues with this

minute

I.H. Couchley 29/10/56

Süt. Martin.

1. sec (30) minutes.

+ pass to you in sed (n=

in sid (M= rebille

Lagace, & pass

is away)

Longen

We of? no delay any

& (30), saut last loads.

What the Govenor proposes

всеми

quite defensible in the cucumstances

2. Then Komy.

29/10

Minustio of straté

Cut Love should see

I agree

then this

should be offroved,

there may be Parhaimentary,

interest.

Sucating of Starte

I agree, list your јадам

Lelegram sent best sights helepan

off the file. KGA. 7/11

whould ret

7.5.2.

1/11

Japnee

6/X13

Hoy Key

33, Hrry Key

334.

M. Cenchley.

Neare

편

TEEL 372 -114

Rog (50!)

SAV. 1803 14.

Heq. (30)

Ale

(32) and (33).

2.11.56

25. 10 il

I wonder whether you center provide any legal observations on (5/33) fecity I Sponsible to apologise for the very

early today.

Shout notice, but it was

obtain the papers from the S. ft. until

and they should be

last night

resubrutted to higher authority in time reply to (32) and (33) to issue,

Friday morning.

for

at the latest,

To. Amy Koy. TEZ. 907

Mo after

gefton.

The following

колики

6.11.58.7/1

community an

are my

the draft regulation

Regulation 3(4). It is

usual

provision, in connecting with proveedings

Adeusing Committer teaming

before

oljections

ander

latention

to against that the objector should be

informed of the case

We hand it mis

Regulation 1813 the last was

;

agamit

the U.K. munde

hiin.

have it now

during

Regulations.

in the Cyprus Emergency

Сури I think there should be such

provising of in the Hieng Kany regulations and suggest we put that my point to the govern lives that provision should be on

the

shi

every abyester shall be furnished with

scafferent

particulars to rasmable information

дин

to the nature

hain.

the facts alleged against

Regulation 5. the making of a

detention order, the suspension

Thereof,

and consideration of the recommendations of a Committee of Remin are

Council,

It is

the Gover the six monthly resin

Journ clean why the

should not also be by the Gover

شر

Council.

not

9.1. Couchley

7/11

Me. Witincy! no

comment. Xxiv. Within

7/11

cle. Icharton.

Mr. Mcbatle

Please see

(32), (33), subsequent

& minutes, and the draft opposide.

The craft should, if possible, be issued urgently and at the latest in the early hours of Firday (which

hat day

·would be near the end of office hanes that.

by the time. The telegram in Hong Kong

had been decyphered

there,

17' Melville

The Sef Sharapped in principle to thire Keps, (see min (/x) + ? we

(oce

heed not trouble him with these

drafting

Corcun cor

and chetobutedd

Ковили 7/

free

Eun

But To Hong Kong. Tex. 917

8.11.56.

наз! Сори para 20 ((30) In 124/402107. 2914

Firr

5 14 King S 2008

Mr Ashrom

(35)

25-11 56

: the fovernor has acopted the

two amendments

supjested othe

draft thergency (Detentions Orders) Regulations

than

mode kule, under the Reputations

enabling detained

persons

flodge

their

Rejections.

and

Put by.

M. Cenalty.

The Wuchley many

be interated bree

Bellmmell

4/12/57

Pares. 5 (5) and 7 of the Regulations

crow the points in your min of th

gin

Nov.

Kasaran

Thank you.

II Guchley

4/12

36 H.King 5.2065

Mr. Cruchkly IHC IN/IN

Ar (36)

have

7-12-57

a moised

version of the record chclosure to

(35)

Labeet

to comments, peatly.

Klibam

"..

qur