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FILE NUMBER
14234/1
PART
SECRE
PERIOD
FILE TITLE
1950
1EFENCE
SECRET EMERGENCY LEGISLATION
HONG KONG
PART
FILE NUMBER
14234/15
INDEX HEADINGS
3164
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Defence
14234/15
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Emergency Legieta
Previous
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1949 UPEN
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FILE COPY
Rgs. fili 14.237/15/50
SUPPLEMENT NO. 2
TO THE
HONG KONG GOVERNMENT GAZETTE
Published by Authority
SUP. TO GAZETTE No. 72] FRIDAY, DECEMBER 30, 1949.
[VOL. XCI
No. A. 277.
THE EMERGENCY REGULATIONS ORDINANCE, 1922.
Regulations MADE BY THE GOVERNOR IN COUNCIL
(under section 2 of the Ordinance).
TABLE OF CONTENTS
Regulation
I-Citation.
Regulation
PART 1.
Introduction.
2-General interpretation.
3-Competent authority.
4-Authorized officers.
PART II.
Censorship and Control of Publications and means of Communication.
5-Appointment of censor and censorship.
6-Prohibited matter.
7-Prohibited publications.
8-General power of examination, etc.
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752
THE HONG KONG GOVERNMENT GAZETTE.
Regulation
-Examination, etc, of postal packets.
10-Restrictions on despatch and distribution of certain
articles.
11-Censorship on travellers.
12-Examination of consignments.
13-Newspaper permits.
14-Official communications.
15-Publication of certain matters.
16-Power to require submission of matter for censorship
before publication.
17-Censorship not to be disclosed.
18-Seizure and detention.
19--Action against printing presses, etc. responsible for
contravention.
20-Search, etc.
21-Wireless telegraphy, etc.
aa-Interference with telegraphic communications.
23-Signalling.
24-Means of secret communications,
25--Posting placards, etc.
26--Publications may be prohibited.
17-Dissemination of false reports.
28-Power to prohibit publication of names of witnesses, etc.
PART III.
Arrest, Detention, Exclusion and Deportation. 20-Arrest and power to detain suspected persons. 30-Arrest of persons suspected of being liable to detention. 31--Power to order detention.
32-Detained person may be ordered to leave the Colony. 33-Inhabitants of certain areas may be ordered to leave the
Colony.
34-Declaration of special areas and duties of persons therein. 35-Use of lethal weapons in effecting arrests.
36-Transfer of persons in custody.
37-Restriction orders.
Regulation
SUPPLEMENT No. 2, DECEMBER 28, 1949.
759
38-Special supervision.
39-Power of Governor to order dismissal and stoppage of
salary of public officer.
--Further detention after arrest UT detention under
regulation 29.
41-Power to seize weapon.
PART IV.
Control of harbours, ports and territorial waters of the Colony and movements of vessels and aircraft. 42--General control of navigation.
43 -Control of lighthouses, etc.
44-Power to exclude British ships from particular areas.
45-Measures for safety of vessels in the waters of the Colony.
46-Control over visitors to ships.
47-Measure for safety of British ships.
48-Employment in British ships and aircraft.
49-Employment outside the Colony of agents for ships and
aircraft.
50-Entry and departure of ships and aircraft.
51-Prohibition as to supply of fuel, victuals and necessaries,
and the repair of ships and aircraft,
$2-Desertion from ships, etc.
53-Control of trade by sea.
54-Control of agreements for use or hire of, or carriage of
goods in, ships.
55-Effect of requisition, etc., on agreements for service in
ships.
56-Regulation or prohibition of the navigation of aircraft
over the Colony,
PART V.
Transport.
$7 Control of highways and territorial waters.
58-Traffic on highways.
59-Control of mechanically propelled vessels or vehicles.
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THE HONG KONG GOVERNMENT GAZETTE.
Regulation
60-Control of fuel, etc., required for mechanically propelled
vessels or vehicles.
61--Maintenance of highways,
62-Control of traffic within the harbours and territorial
waters of the Colony.
63-Congestion of traffic within the harbours and territorial
waters of the Colony and on railways.
64-Handling and conveyance of ammunition, etc., within the
harbours and territorial waters of the Colony,
65 Powers to stop and search vehicles including railway
vehicles and tramways.
PART VI.
Possession or control of property, undertaking or employment.
66-Taking possession of land.
67--Requisition of property other than land.
68 -Power to do work on land.
by-Use of land by His Majesty's forces and police.
70-Power to require storing, cooling, etc., services, 71--Power to require water and power services.
72-General control of industry.
73-Controlled undertakings.
74--Control of employment,
75-Entry and inspection of land.
76-Derelict articles,
77-Avoidance of strikes and lock-outs in essential services. 78-Special powers as to ships and aircraft.
79-Power to permit nuisances where necessary.
So-Information as to storage facilities.
81--Application of Compensation (Defence) Regulations,
1940.
PART VII.
Miscellaneous Provisions.
82--Inquiries,
83-Publicity of orders.
Regulation
SUPPLEMENT No. 2, DECEMBER 28, 1949.
766
84--Aflixing of notices,
35-Admission of statements in evidence.
86--Trials may be in camera.
87-Disposal of articles in possession of executive authority. 88--Billeting.
8--Postal services.
go-Orders for the opening or closing of premises.
91--Power to prohibit the sale, purchase or use of wireless
receiving apparatuses.
92- Telephone service.
93-Display of certain notices by certain establishments.
94-Prohibition etc., of sale of intoxicating liquor.
95-Identification.
96--Power to obtain information.
97-False statements.
98-Identification of persons in custody.
g-Powers of entry and search of premises, places, vehicles,
vessels or aircraft,
100 -Special constables,
not-Restriction on disclosing information.
102--Licences, permits, etc.
103-Fees for licences, etc.
104-Recovery of expenses.
105--Power of Governor to order use of prisoners for certain
purposes.
106-- Powers to disperse assemblies,
107-Revocation and variations of orders, etc.
108--Powers of Governor.
PART VH1.
Special Offences and penalties.
100-Injury to property.
110-Interference with His Majesty's Force, etc.
-Misleading acts and misrepresentation.
112-Obstruction.
113-Unlawful possession of and dealing with arms, etc.,
belonging to military or police forces.
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THE HONG KONG GOVERNMENT GAZETTE.
Regulation
114-Escape from custody.
115-Prohibition of uniforms, emblems, etc.
116-Possession and carrying of arms, ammunition, and
explosive substance.
117- Offensive weapons.
118-Consorting with person carrying or having possession of
arms or explosives.
19-Failure to report offence of carrying or possessing arms
or explosives.
120-Consorting with or harbouring
unauthorized uniformis, etc.
persons
wearing
121-Cutrying a firearm while drunk or disorderly.
122-Fire-arms, etc.
123-Prohibition of explosive substances,
124-Certain offences in closed, protected, damaged or evacuated areas to be punishable with life imprison.
ment.
125-Interference with and damage to communications, etc. 126-Power of Governor in Council to proscribe organization. 127-Meetings.
128-Trespassing and loitering.
129-Sabotage.
130-Seduction from duty, disaffection and propaganda.
131--Offences by corporations.
132--Alteration and improper use of licences and permits. 133-Attempt to commit an offence to be deemed an offence, 134--Liability for offences,
135 - -Obtaining possession, where possession an offence. 136--General penalties.
137-Commencement,
138-Repeal.
PART IX.
PART X. Repeal.
SCHEDULE.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
757
THE EMERGENCY REGULATIONS ORDINANCE, 1921.
REGULATIONS BY THE GOVERNOR IN COUNCIL.
In exercise of the powers conferred by section of the Emergency Regulations Ordinance, 1922, as amended by the Emergency Regulations (Amendment) Ordinance, 1949, and by the Emergency Regulations (Amendment) (No. 2) Ordinance, 1949, the Governor in Council hereby makes the following regulations:-
REGULATIONS.
1. These regulations may be cited as the Emergency Citation. (Principal) Regulations, 1949.
2.
PART 1.
Introduction.
(1) In these regulations-
General inter-
10 & 11 Goo.
5, c. 80;
"aircraft" has the sanse meaning as in any Order Pretation. in Council for the time being in force under Part 1 of the Air Navigation Acts, 1920 to 1947+
"arms" and "ammunition" shall have the respective meanings assigned to them by the Arms and Ammunition Ordinance, 1933;
"area" includes structure;
"Attorney General" includes Solicitor General;
"authorized guard" has the same meaning as in
the Protected Places (Safety) Ordinance, 1946;
26 Geo. 5
& 1 Edw. K.
c. 44; 1 & 2
Geo. 6, c. 33; 10 & 11 Geo. 6, c. 18.
Ordinance No. 2 of 1933.
Ordinance No. 16 of
"closed area" means an area declared to be such 1946. under section 10 of the Public Order Ordinance, 1948;
וי
"enemy means any person or group of persons howsoever associated or organized who or which the Governor in Council by notification in the Gazette declares whether by a specific or general description to be an enemy and includes any person or group of persons whether so declared or not who or which has by any overt act manifested a seditious intention, or who or which seeks in any way to promote internal disorder:
Ordinance
No. 59 of 1948.
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758
THE HONG KONG GOVERNMENT GAZETTE.
[ef. 1 Edw. 8 & 1 Geo. 6. c. 12, a. 23.]
Ordinance No. 5 of 1922.
Provided that a person shall not be deemed to be an enemy by reason only of his taking part in or peacefully persuading any other person to take part in a strike;
"essential service" means any undertaking, require- ment of or service to the community which in the opinion of the Governor signified by notification in the Gazette, is of public utility or essential to the life of the community;
"explosive substance" includes all explosive and blasting explosives, and it shall also include sodium nitrate (Chilian nitrate), ammonium nitrate, nitro naphthalenes, nitro benzines, nitro toluenes, nitro glycerines, nitro glucoses, nitro celluloses and nitro phenols;
of "firearm" means any lethal barrelled weapon any description from which any shot, bullet or other missile can be discharged, and includes any component part of any such weapon, and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon;
"land" includes land of any category or tenure whether covered by water or not and any erection, tree or other thing fixed thereto and any shed, barn or other structure which although affixed to land (which has been or is being requisitioned) in such a manner as to be removable therefrom a competent authority specifies is required for use in connection with such land;
"meeting" includes every assembly, entertainment, gathering, celebration, service and ceremony, whether open to the public or not, and every procession;
"newspaper" means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence, or occurrences, or to any other matter of public interest, printed for sale or free distribution at regular or irregular intervals and includes a supplement thereto;
"Ordinance" means the Emergency Regulations
Ordinance, 1922;
"pamphlet" means an unbound printed document of one or more pages or parts attached together and containing an exposition on some matter of current or topical or political interest;
HT
SUPPLEMENT No. 2, DECEMBER 28, 1949.
"periodical publication" includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular ;
**photograph" includes any photographic plate. photographic film or other sensitized article which has been or otherwise treated so as to record information, whether it has been developed or not;
■
759
"possession", in relation to arms, ammunition [cf.
Ordinance and explosive substance means arms, ammunition and explosive No. 2 of substance found on the body, or in the custody or under the 1933, s. 2.] control, of any person;
"postal packet" means a letter, post-card, reply post-card, newspaper, printed packet, pattern or sample packet or parcel, and every packet or article transmissible by post;
"printing" includes lithography, typewriting, photo- graphy, and all other modes of representing or reproducing words, figures, signs, pictures, maps, designs, illustrations and other
like matter.
"printing press" includes every machine and apparatus used or intended to be used for the printing of any newspaper, book or pamphlet or for the printing, production or reproduction for gain or reward of any printed matter;
"protected place" has the same meaning as in the Protected Places (Safety) Ordinance, 1940;
Ordinance
No. 15 of
"public interest" includes the interests of defence or 1946. of the preservation of public order, safety or health or of the provision or maintenance of supplies and services essential to the life of the community:
"publication" includes all written or printed matter and every thing whether of a nature similar to printed matter or not, containing any visible representation, or, by its form, shape, or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication;
communicate:
"publish" includes circulate.
disperse and
"requisition" means, in relation to any property, take possession of the property or require the property to be placed at the disposal of the requisitioning authority;
"safeguard" means any authorized guard when on duty as an authorized guard or any member of His Majesty's Forces, or any member of any local naval, military, air force or
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760
Ordinance No. 13 of 1938.
No. 10 of 1899.
THE HONG KONG GOVERNMENT GAZETTE.
police force, corps or reserve, or special police officer or special constable posted for the purpose of protecting or preventing or controlling access to any area or premises or for the purpose of regulating traffic;
"scaplane" includes a flying boat and any other aircraft designed to manoeuvre on the water;
"seditious intention", "seditious publications" and "seditious words" have the same meanings respectively as in the Sedition Ordinance, 1938;
"ship" and "vessel" have the same meanings Ordinance respectively as in the Merchant Shipping Ordinance, 1899, but
shall not include a ship or vessel belonging to His Majesty:
"special police officer" has the same meaning as in the Police Force Ordinance, 1948;
Ordinance No. 41 of 1948.
"supplies and services" includes any tangible or intangible requirement of the community;
"telegram" means any article on which there is recorded any message or other communication transmitted or intended for transmission by any apparatus for transmitting messages or other communications by means of electric signals;
"unlawful publication" means any publication in relation to which an order under regulation 7 is in force, and any publication containing any matter in relation to which an order under regulation 6 is in force and any copy or portion of a newspaper or of any issue or number thereof printed or published in contravention of regulation 13 or containing matter which does not comply with regulation 14, and any document printed or published in contravention of regulation 15, and any publication containing matter not submitted for censorship as required by an order under regulation 16;
"wireless transmitting apparatus" means apparatus for making communications by means of wireless telegraphy, wireless telephony or wireless television, and "wireless receiving apparatus" means apparatus for receiving communications or information made or given by the said means.
(2) Any reference in these regulations to the doing of any act shall include a reference to an act of commission or omission and, unless the context otherwise requires, shall include also a reference to the making of or failure to make any statement,
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(3) Any reference in these regulations to the master of
a vessel or the pilot of an aircraft shall be construed as including a reference to the person for the time being in charge of the vessel or aircraft, as the case may be.
(4) Any reference to the making, sending or receiving of communications which is made in any of the provisions of these regulations relating to wireless telegraphy, wireless telephony, or wireless television shall be construed as including a reference to the giving of warning or information or, as the case may be, to the receiving of warning or information.
(5) (4) No special form shall be required for the exercise by the Governor or by a competent authority of any power conferred by these regulations: Provided that the Governor may authorize the use of any form for the exercise of any such power and in such event such form with such adaptations and modifica- tions as the circumstances of any particular case may require shall be valid and sufficient.
(b) Nothing in paragraph (a) of sub-regulation (5) of this regulation shall be deemed to imply that any power conferred by these regulations is required to be exercised or communicated in writing.
761
No. 31 of
(6) The Interpretation Ordinance, 1911, save and except Ordinance section 19 thereof, shall apply to the interpretation of these 1911. regulations, and of any orders or rules made thereunder, as it applies to the interpretation of an Ordinance.
3.
(1) A competent authority shall be the person appointed Competent
authority. by name or by office by the Governor in writing for the purposes of all or any of the regulations or for any of the purposes of any particular regulation in which such expression occurs, and any person so appointed is in these regulations referred to as the competent authority. Any such appointment may be made in respect of the whole or any part of the Colony. Any appointment shall be deemed to extend to the whole of the Colony unless otherwise expressed.
(2) Where the holder of a designated office has been appointed to be the competent authority, then, unless express provision is made to the contrary, the appointment shall be deemed to extend to the person for the time being performing the duties of the office designated.
4. An authorized officer" means any police officer of or Authorized above the rank of sub-inspector, and also the following persons:-
officers.
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762
Appoint-
censor and
THE HONG KONG GOVERNMENT GAZETTE.
(a) for the purposes of all or any of these regula- tions, any public officer authorized in that behalf by the Governor; (b) for the purposes of all or any of these regula- tions, any person, or member of a class of persons, performing duties of a public nature, authorized in that behalf by the Governor;
(e) a person holding a commission in any of His Majesty's regular forces, or in any local naval, military or air force, corps or reserve.
PART II
Censorship and Control of Publications and means of Communication,
8. (1) The Governor may appoint a censor of postal packet ment of and telegrams and such number of assistant and deputy assistant censorship. censors as he shall think fit, and the word "censor" in these
regulations includes any assistant censor so appointed.
Prohibited matter.
(2) The Governor may by warrant under his hand authorize the Postmaster General and any person in charge of cable and radio stations to detain and produce to the censor all postal packets and telegrams coming into their possession either for transmission or delivery.
(3) The censor, or any person authorized by him, may open, examine, censor or detain either permanently or for so long a period as he may deem necessary any postal packet or telegram of any description whatsoever which may be in course of, or intended for, transmission to, from or through the Colony.
(4) Any person who without lawful authority transmils any telegram at any place in the Colony or on any vessel or air- craft within the territorial waters thereof unless such telegram has first been passed for transmission by the censor is guilty of an offence against these regulations.
6. (1) A competent authority may by order prohibit generally or specially the publishing in publications of matter the publishing of which, in his opinion, would be, or be likely to be or become, prejudicial to the public interest.
(2) Any person who publishes any matter in contravens tion of an order under this regulation and the proprietor and editor of the publication in which it is published and the person who wrote, printed, drew or designed, the matter shall be guilty of an offence against these regulations.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
763
7. (1) A competent authority may by order prohibit the Prahibited importation or exportation, or the printing or publishing of any tians.
publicat-
particular publication or of any publication of a particular kind [es or character, the importation, exportation, printing or publish- No. 14 of Ordinance
ing of which, in his opinion, would be, or would be likely to 1938.] be or become, prejudicial to the public interest, Such prohibi- tion shall be deemed to extend to any copy or portion of such publication.
(2) Whenever the publication affected by an order made under sub-regulation (1) of this regulation is a periodical publication the order shall be deemed to extend to any future issue of such publication but shall not unless the same or a sub- sequent order so provides be deemed to extend to any past issue of such publication.
(3) Any person who contravenes any order under this regulation and the proprietor and editor of the publication in relation to which the contravention occurs, and any person (unless in the opinion of the Court he ought fairly to be excused) who has in his possession or control or in premises of which he is the occupier, any publication prohibited under this re- gulation or who posts, delivers or receives any such publication, shall be guilty of an offence against these regulations.
8.
A competent authority shall have power to detain, open General and examine or to direct the detention, opening and examination power of of-
(a) all postal packers and telegrams; and
(b) all printed or written matter and all packages, articles and things subject to examination by the postal or customs authorities which may contain any printed or written matter, and to withhold from delivery or destroy any postal packet or telegram or any printed or written matter which con- tains anything which the competent authority considers to be, or to be likely to be or become, prejudicial to the public interest and the competent authority and any authorized officer acting by general or special arrangement with him, shall have all such powers as are necessary or appropriate for the carrying out of all such measures.
examina- tion, etc.
9. (1) Any officer authorized generally or specially in that Examina- behalf by or on behalf of the Postmaster General may require tion, etc.
of postal the sender of a postal packet, at the time of submitting the packets. packet to a
of the post office,
expose the
to
contents
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764
THE HONG KONG GOVERNMENT GAZETTE.
Restric- tions on
despatch
and
distribution of certain articles,
packet to such officer and, after the contents have been examined to close the packet in the presence of such offieer and hand it over to such officer forthwith.
(2) Any person who contravenes any such requirements shall be guilty of an offence against these regulations, and, in addition, the officer may refuse to accept the postal packet for posting.
(3) The Postmaster General or any officer authorized generally or specially in that behalf by him or on his behalf may direct that a postal packet shall not be accepted for posting if he is of opinion that the acceptance of the packet night en- danger life or property.
10. (1) The Governor, or any person to whom the Governor has under sub-regulation (3) of this regulation given authority to exercise any of his functions under this regulation, may make provision by order that postal packets of any such description as may be specified in the order shall not be despatched by post from the Colony to any destination outside the Colony, or distributed in the Colony where such postal packets are received in the Colony, except in accordance with the order; and in par- ticular, but without prejudice to the generality of the preceding provisions of this sub-regulation, any such order may, in relation to any description of postal packets, direct that no postal packet of that description shall be so despatched or distributed as afore- said otherwise than under the authority and in accordance with the terms of a permit granted by such authority or person as may be specified in the order.
to
(2) The Governor, or any person
whom the Governor has under sub-regulation (3) of this regulation given authority to exercise any of his functions under this regulation, may make provision by order for securing that, subject to any exemptions for which provision may be made by the order, and except in accordance with such conditions as may be contained therein, no document, pictorial representation, photograph or other article whatsoever recording information shall be sent or conveyed from the Colony to any destination outside the Colony otherwise than by post, or conveyed into the Colony otherwise than by post, and, without prejudice to the preceding provisions of this sub-regulation, any such order may-
(a) be made with respect to all such articles as afore- said or any class or description thereof;
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(b) direct, in relation to all or any of the articles to which it applies, that no such article, and no package capable
of containing such an article, shall be sent or conveyed as afory- said, or consigned for the purpose of being so sent or conveyed, otherwise than under the authority and in accordance with the terms of a permit granted by such authority or person as may be specified in the order.
(3) The Governor may, to such extent and subject to such restrictions as he thinks proper, authorize any specified person or class of persons to exercise all or any of his powers under sub-regulations (1) and (2) of this regulation.
(4) No person shall have in his possession any article for the purpose of sending or conveying it in contravention of an order made under this regulation.
(5) Any person who contravenes this regulation shall be guilty of an offence against these regulations.
765
11. (1) Any person who, on any occasion, is about to leave Censorship the Colony or arrives in the Colony (which person is hereinafter r
in this sub-regulation called "the traveller") shall, if on that occasion he is required so to do by an authorized officer-
(a) declare whether or not he has with him any article with respect to which an order under sub-regulation (2) of regulation 10 is in force;
(b) produce any such article as aforesaid which he has with him, and an authorized officer, or any person acting under his direction, may examine or search any article which the traveller has with him for the purpose of ascertaining whether he is conveying or has in his possession any such article as to which such order as aforesaid applies, and if an authorized officer has reasonable ground for suspecting that the traveller has about his person any such article as to which such order as aforesaid applies, search him, and may seize any article produced as afore- said or found upon such examination or search as aforesaid, being an article as to which an authorized officer has reasonable ground for suspecting that it is an article to which such order as aforesaid applies: Provided that no female shall be searched in pursuance of this regulation except by a female.
(2) Where any person is about to leave the Colony or arrives in the Colony in or accompanied by any vehicle or other means of transport or in any ship or aircraft, any authorized
travellers.
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766
THE HONG KONG GOVERNMENT GAZETTE,
Examina- tion of consign- ments.
Newspaper permits.
officer, or any person acting under his directions, may enter the vehicle or other means of transport or ship or aircraft for the purpose of exercising the powers conferred on him by sub- regulation (1) of this regulation, and may also examine or search the vehicle or other means of transport or ship or aircraft for the purpose of ascertaining whether there is thereon any article with respect to which an order under sub-regulation (2) of re- gulation 10 is in force.
(3) Where at any place in the Colony any person is on any occasion found in circumstances in which it is reasonable to suppose that on that occasion he has communicated, or intends to communicate, at that place with a traveller, the provisions of sub-regulation (1) of this regulation shall apply in relation to the person so found as thy apply in relation to a traveller.
12. (1) If there is in force an order under sub-regulation (2) of regulation 10, any authorized officer, or any person acting under his directions, may examine or search any articles con. signed from the Colony or from a place outside the Colony to a destination in the Colony, for the purpose of ascertaining whether any article to which such order applies is being sent or conveyed and may seize any article found upon such examination or search, being an article as to which the authorized officer has reasonable ground for suspecting that it is an article to which an order as aforesaid applies.
(2) Any authorized officer, or any person acting under his directions, may enter any vehicle or other means of transport or go on board any ship or aircraft for the purpose of exercising the powers conferred on him by sub-regulation (1) of this re- gulation in relation to any articles in or on the vehicle or other means of transport or on board the ship or aircraft.
13. (1) The Governor may by order require that with such exemptions as may be specified in such order no newspaper shall be printed or published unless the proprietor thereof shall have obtained a permit under the band of a competent authority.
(2) The competent authority, in his discretion and without assigning any reason therefor, may grant or refuse any such permit and may attach conditions thereto and may at any time suspend or revoke any such permit or vary or delete any conditions attached to the permit or attach new conditions thereto.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(3) Any person who contravenes this regulation or the conditions of any permit thereunder and the proprietor and editor of the newspaper in relation to which the contravention occurs. shall be guilty of an offency against these regulations.
767
14. (1) A competent authority may order, in writing, any official
communica. newspaper to publish any matter contained in an official com- tions. munication issued for the information of the public and it shall be the duty of the editor, printer and publisher to publish, if required so to do, either-
mitted for
(a) the original text of the communication, as sub-
(b) a text which shall contain all the material facts stated in the communication.
(2) If the provisions of this regulation are contravened, the editor, printer, and publisher of the newspaper shall each be guilty of an offence against these regulations.
of certain
15. (1) The Governor may by order require that no notice, Publication illustration, placard, advertisement, proclamation, pamphlet or matters. other like document containing matter specified in such order (whether in the form of an article or statement of facts or other. wise) shall be printed or published in the Colony unless a permit has first been obtained under the hand of a competent authority: Provided that this regulation shall not apply in relation to any matter contained in a newspaper in respect of which a permit or exemption is in fore under regulation 13.
(2) Any person who contravenes this regulation shaff
be guilty of an offence against these regulations.
16. (1) A competent authority may by order require the Power to
require proprietor, editor, printer or publisher of any publication, or the
submission proprietor or manager of any printing press or printing business, of matter or the author of, or any person about to print or publish, any censorship matter, to submit to such competent authority before printing or before
publication. publishing any matter intended for printing or publishing.
(2) Any such order may be given either generally or in respect of any particular subject or class of subject, and, in the case of a publication published at regular or irregular in- tervals, may be given in respect of any particular issue or class of issues or of all issues for a specified period.
(3) Any person who contravenes an order under this regulation shall be guilty of an offence against these regulations.
for
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Censorship not to be disclosed.
Seizure and detention.
Action
against printing presses, etc.
responsible for contraven- Lion.
Search, etc.
THE HONG KONG GOVERNMENT GAZETTE.
17. (1) The printer or publisher of any publication shall not, without the written permission of a competent authority-
(4) print or publish any statement to the effect, or from which it may be inferred, that any alteration, addition, or omission has been made by order of a competent authority in any matter submitted to him,
(b) print or publish any matter which has been submitted to a competent authority in such a way as to show or suggest that any alteration, addition or omission has been made by order of a competent authority;
(c) print or publish any statement to the effect that publicity of such matter has been forbidden,
(2) Any person who contravenes this regulation and the proprietor, publisher and editor of the publication in question shall be guilty of an offence against these regulations.
18. Without prejudice to any other provision of these regula- tions, any authorized officer may seize and detain any unlawful publication which comes into his hands.
19. (1) Without prejudice to any other provision of these regulations, a competent authority may by order-
(a) direct the forfeiture to the Government of Hong Kong of any printing press or other instrument or apparatus used for the printing of any unlawful publication and thereupon such printing press, instrument or apparatus may be seized by any authorized officer; or
(b) for such period as may be specified in the order,
prohibit the operation-
(i) by any person whatsoever of any printing press, instrument or apparatus used as aforesaid;
(ii) by the proprietor of any printing press, instrument or apparatus used as aforesaid of that or any other printing press, instrument or apparatus designed for printing.
(2) Any person who contravenes any order made under paragraph (b) of sub-regulation (1) of this regulation shall be guilty of an offence against these regulations.
20. If a competent authority has reasonable cause to suspect that any premises are being used for the purpose of the printing or publishing of any matter in contravention of this Part or of
SUPPLEMENT No. 2, DECEMBER 28, 1949.
any order thereunder, or for the purpose of the printing or publish- ing of any matter the publication of which is, or is likely to be or become, prejudicial to the public interest or that there is in any premises any press, instrument or apparatus liable to forfeiture under regulation 10, he may by written order authorize any authorized officer to enter and search such premises and thereupon such officer and any person acting by his directions may at any time, and if necessary by force, enter and search the premises and any person, animal, vehicle or other thing found therein and any person, animal, vehicle or other thing found leaving the premises (provided that a female person shall be searched only by a female) and may seize and impound any unlawful publication, and any publication containing matter the publishing of which, is, or is likely to be or become, prejudicial to the public interest and any printing press, apparatus or instru- ment which such officer suspects to have been used for the printing of any such publication and any printing press, apparatus or instrument liable to forfeiture under regulation 19: Provided that any printing press, apparatus or instrument seized as afore- said (unless already liable to forfeiture under regulation 19) shall not be forfeited except by order of the competent authority.
etc.
769
21. (1) The Governor may by order direct that, subject to Wireless any exemptions for which provision may be made by the order, telegraphy, no person shall, except under the authority of a written permit granted by such competent authority or person as may be specified in the order, have in his possession or under his control-
(a) Any apparatus of such description as may be specified in the order, being a type of apparatus which is designed to be used as wireless transmitting apparatus or which in the opinion of the Governor is readily adaptable for the purpose of being so used.
(b) Any article of such description as may be specified in the order which in the opinion of the Governor is capable of forming a part of or facilitating the use of any apparatus specified by an order hereunder : Provided that in any pro- ceedings in which the defendant is charged with having in his possession or under his control an article specified by an order hereunder it shall be a defence for the defendant to prove that such specified article had not formed and was not intended to form part of any apparatus specified by an order hereunder and had not been and was not intended to be employed in order to facilitate the use of any apparatus specified by an order hereunder.
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Ordinance No. 18 of 1936.
THE HONG KONG GOVERNMENT GAZETTE.
(2) Nothing in any order made under sub-regulation (1) shall restrict the doing of anything by any servant of the Crown meting in the course of his duty as such, or apply in relation to any apparatus in respect of which there is in force a licence under the Telecommunication Ordinance, 1936, authorizing the use of the apparatus for transmission or in relation to any article forming part of any such apparatus; and in any proceedings taken by virtue of sub-regulation (1) against any person by reason of his having in his possession or under his control any article not forming part of such apparatus, it shall be a defence for him
any to prove that at the material time he had the article in his possession or under his control for the purpose only of the operation of an apparatus in respect of which such a licence was then in force.
(3) In any proceedings arising out of a contravention of sub-regulation (1) of this regulation, it shall be a defence for the defendant to prove that at the date of the contravention application had been made by him (for the first time) for the necessary permit in relation to the objects in respect of which the proceedings are taken, and that the application was still pending at that date.
(4) A competent authority may by order provide for prohibiting in certain circumstances, and otherwise for regulating, the use of wireless transmitting apparatus; and if any apparatus is used in contravention of an order under this sub-regulation, then (without prejudice to any proceedings which may be taken against any other person) the occupier of the premises on which the apparatus is situated or, where the apparatus is on board any vessel or aircraft, the master of the vessel or the pilot of the aircraft, as the case may be, shall each be guilty of an offence against these regulations ;
Provided that, in any proceedings which, by virtue of this sub-regulation, are taken against any person in respect of the use of any apparatus by some other person in contravention of such an order, it shall be a defence for the defendant to prove that the apparatus was so used without his permission and that he exercised all due diligence to prevent any contravention of the order.
(5) An authorized officer may, in relation to any ship or aircraft, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order under sub-regulation (4) of this regulation relating
SUPPLEMENT No. 2, DECEMBER 28, 1949.
to the ship or aircraft, or, where a contravention of such an order has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the contravention to be effectually taken.
771
(6) The Governor in Council or the Governor, as the case may be, in his discretion may refuse to grant a licence under the Telecommunication Ordinance, 1936, and may revoke at any Ordinance time a licence granted under such Ordinance.
22. No person shall knowingly-
No. 18 of
1936.
Inter- ference
telegraphic
(a) cause interference with the sending or receiving with of communications by means of wireless telegraphy, wireless commu telephony or wireless television; or
(b) cause interference with, or intercept, telegraphic or telephonic communications made otherwise than by the said
means:
Provided that this regulation shall not apply to anything done by, or with the permission or under the direction of, any servant of His Majesty or authorized officer acting in the course of his duty as such.
nications.
23. (0) Subject as hereinafter provided no person shall make Signalling. any signal in such circumstances as to show that the signal -
(a) is intended to he received by a person on board
a vessel at sea or an aircraft in flight; or
interest:
(b) is made for a purpose prejudicial to the public
Provided that the preceding provisions of this regulation shall not restrict the making of any signal by any servant of His Majesty or police officer acting in the course of his duty as such, the making of any signal for the purpose only of saving life or of regulating or aiding the navigation, on the water or in the air, of any vessel or aircraft other than a vessel or aircraft being used in the service of an enemy, or in a manner prejudicial to the public interest, or the making of any signal with permission granted by or on behalf of a competent authority.
(2) Any person convicted of the offence of making a signal in such circumstances as show that the signal is made for a purpose prejudicial to the public interest shall be guilty of an offence against these regulations and liable on conviction thereof on indictment to a fine of ten thousand dollars and to imprisonment for fourteen years.
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Means
of secret
commu-
nications.
THE HONG KONG GOVERNMENT GAZETTE.
(3) If the Governor has reasonable cause to believe that it is necessary or expedient so to do with a view to preventing the making of signals for purposes prejudicial to the public interest, he may by order published in the Gazette prohibit or restrict the flying over any area of balloons (whether fixed or free) or kites generally, or of balloons or kites of any description specified in the order.
(4) If the Governor has reasonable cause to believe that it is expedient in the public interest so to do, he may-
(a) by directions prohibit any person specified in
the directions; or
(b) by order published in the Gazelle prohibit all persons in any area specified in the order, with such exceptions, if any, as may be so specified;
from having in his or their possession or under his or their control any specified apparatus or class of apparatus, being apparatus or class of apparatus which appears to the Governor to be capable of transmitting signals which would or might afford assistance to an enemy or be prejudicial to the public interest or to be readily adaptable for that purpose:
Provided that nothing in any order made under this sub-regulation shall restrict the doing of anything by any ser- vant of His Majesty acting in the course of his duty as such,
(5) If a competent authority has reasonable cause tu believe that there is in any premises apparatus capable of trans- mitting signals which is being or has been used in such a manner that whether intentionally or unintentionally, assistance might thereby be afforded to an enemy, or prejudice caused to the public interest, he or any authorized officer may enter the pre- mises and may require to be taken any steps reasonably necessary to prevent the apparatus from being so used, or may, ᎥᏝ necessary, himself take such steps as aforesaid.
For the purposes of these regulations the expression "premises" in this sub-regulation includes vehicles.
24. (1) Subject to the provisions of this regulation no person shall, except with permission granted by or on behalf of a competent authority, knowingly have in his possession, or knowingly send by post, or otherwise to any destination within or outside the Colony-
(4) any instructions for utilising any means of secretly conveying, receiving or recording information;
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(b) any substance or article manufactured or de- signed for the purpose of secretly conveying, receiving or record- ing information; or
(c) any document or other article secretly convey- ing or recording any information.
(2) Any person who has in his possession any such instructions as are mentioned in paragrapli tu) of sub-regulation (1) of this regulation shall, if requested by or on behalf of a competent authority so to do, deliver up those instructions to such authority or person as may be specified in the request.
(3) Any person who has in his possession, in contra- vention of this regulation, any substance or article manufactured or designed for the purpose of secretly conveying, receiving of recording information, shall, if requested by a rompetent authority so to do, deliver up that substance or article to such authority or person as may be specified in the request.
(4) Nothing in sub-regulations (2) and (3) of this re- gulation shall be taken to prevent the prosecution of any person in respect of a contravention of sub-regulation (1) of this regula- tion.
(5) Any person convicted of an offence against sub- regulation (r) of this regulation shall be guilty of an offence against these regulations and shall-
(a) on summary conviction, be liable to a fine of five thousand dollars and to imprisonment for two years; or
(b) on conviction on indictment, be liable to a fine of ten thousand dollars and to imprisonment for fourteen years.
(6) In this regulation the expression "instructions for utilising any means of secretly conveying, receiving or recording information" includes any code or cipher, but sub-regulation (1) of this regulation shall not apply-
(a) to the possession of-
(i) any code or cipher the use of which is approved by a competent authority; or
(ii) any document conveying or recording in- formation by means of such a code or cipher, being a document which specifies in clear the code or cipher used; or
773
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774
Posting placards, etc.
Publica-
tions may
be
THE HONG KONG GOVERNMENT GAZETTE.
(b) to the use, in accordance with conditions imposed by or on behalf of a competent authority, of any such code or cipher as is mentioned in paragraph (a) of this sub-regulation,
and shall not restrict the doing of anything by any servant of His Majesty or police officer acting in the course of his duty as such.
25. Any person who posts or distributes any placard, circular or other document in writing containing any incitement to violence or counselling disobedience to the law or to any lawful order or likely to lead to any breach of the peace shall be guilty of an offence against these regulations.
26. A competent authority may by order prohibit the print- ing, sale, issue and circulation of any document in writing which, prohibited, in his opinion, contains any incitement to violence or counsels disobedience to the law or to any lawful order or is calculated or
Dissemina- tion of false reports.
likely to lead to a breach of the peace or to promote feelings of ill-will or hostility between different races or classes of the population.
27. (1) Any person who by word of mouth or in writing or in any newspaper, periodical, book, circular or other printed publication spreads false reports or make false statements likely to cause public alarm or despondency shall be guilty of an offence against these regulations.
(2) It shall be no defence to a prosecution under this regulation for the person accused to show that he did not know that the report or statement was false unless he also shows that he took all reasonable steps open to him to verify the accuracy of such report or statement.
Power to
28. A court may at any time order that no person shall prohibit publication publish the name, address or photograph of any witness in any of names of case tried or about to be tried before it, or any evidence or any other thing likely to lead to the identification of any such witness. Any person who acts in contravention of any such order shall be guilty of an offence against these regulations.
witnesses,
etc.
Arrest
and power to detain suspected persons.
PART III,
Arrest, Detention, Exclusion and Deportation.
29. (1) Any police officer of or above the rank of corporal may without warrant arrest any person whom he has reasonable cause to believe to be a person ordered to be detained under
SUPPLEMENT No. 2, DECEMBER 28, 1949.
regulation 31 hereof and may, subject to the provisions of regula- tion 40 detain him pending enquiries whether his detention has been so ordered.
(2) Any member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve who, while acting in the course of his duty has reasonable cause to believe that any person has committed an offence against these regulations may, subject to the provisions of regulation 40 apprehend and detain such person.
(3) If any person, upon being questioned by a police officer or by a member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve acting in the course of his duty as such, fails to satisfy the police officer or member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve, as to his identity or as to the purposes for which he is in the place where he is found, and if the police officer or member of His Majesty's regular forces or local naval, military or air force, corps or reserve has reasonable cause to believe that that person is about to commit an offence against these regulations or has acted or is about to act in any manner prejudicial to the public interest, he may, subject to the provisions of regulation 40 apprehend and detain such person.
775
30. (1) Any police officer may without warrant arrest any Arrest of person in respect of whom he has reason to believe that there are persons
suspected grounds which would justify his detention under regulation 31 of being hereof. Any such person may be detained for a period not liable to exceeding fourteen days pending a decision as to whether an order for his detention under the said regulation 31 should be made.
(2) Any person detained under the powers conferred by this regulation shall be deemed to be in lawful custody and may be detained in any prison, or in any police station, or in any other similar place authorized generally or specially by the Colonial Secretary.
detention.
order
31. (1) The Colonial Secretary may by order under his hand Power to direct that any person named in such order shall be detained for detention. any period not exceeding one year in such place of detention as may be specified by the Colonial Secretary in the order.
(2) For the purpose of this regulation there shall be one or more Committees of Review. The Chairman and members of any such Committee shall be appointed by the Governor, The Chairman and one other member of the Committee shall constitute a quorum.
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THE HONG KONG GOVERNMENT GAZETTE.
(3) The functions of any such Committee shall be to consider, and make recommendations to the Colonial Secretary with respect to any objections against any order under sub- regulation (1) of this regulation which are duly made to the Committee by the person to whom the order relates.
(4) The Governor may make rules as to the manner in which objections against such an order as aforesaid may be made to such a Committee of Review, and such rules shall contain provisions for enabling any person in respect of whom an order is made under this regulation to make objections against the order either in person or with the leave of such Committee of Review by counsel, solicitor or agent; and every such person shall be informed of his right to make objections under this regulation.
(5) All questions in any Committee shall be determined by a majority of votes of the chairman and of member
any
present and voting. In case of an equality of votes the chairman shall have a casting vote,
(6) The Colonial Secretary or any person authorized by him in that behalf may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person or persons detained under any order made under sub-regulation (1) of this regulation.
(7) Any person in the course of removal from one place of detention to another under sub-regulation (6) of this regulation shall be deemed to be in lawful custody,
(8) Where an order is made under this regulation against a person to whom an order under regulation 37 or regulation 38 is in force, the order under this regulation shall be deemed to replace such order,
(9) The Colonial Secretary may give orders or directions as to the internal management of and otherwise in connection with any place of detention specified in any order made under sub-regulation (1) or sub-regulation (6) of this regulation, and as to the discipline of persons detained therein,
(10) Orders made under sub-regulation (1) of this regulation may be cancelled by the Colonial Secretary or by any person authorized in that behalf by the Colonial Secretary by notification in the Gazelle.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
777
32. (1) The Governor in Council may order any person Detained detained under sub-regulation (1) of regulation 31 hereof to leave person may
be ordered and remain out of the Colony:
to leave the Colony.
Provided that no such order shall be made against-
(a) any British subject born in the Colony; or (b) any person until he has had sufficient oppor. tunity of making an objection against the order of detention to a Committee under the provisions of sub-regulation (4) of regulation 31 hereof, and such objection, if made, has been duly heard and reported on by the Committee.
For the purposes of this sub-regulation a person detained under sub-regulation (1) of regulation 31 hereof shall be deemed to have had sufficient opportunity of making an objection against the order of detention if a period of seven clear days has elapsed after he has been informed of his right to lodge such objection.
(2) Where any person has been ordered to leave and remain out of the Colony under sub-regulation (1) of this regula- tion, such order may include all the dependants of such person and the provisions of sub-regulations (3), (4), (5), (6) and (7) of this regulation shall apply to such dependants accordingly.
In this sub-regulation "dependant" means-
years,
(a) wife;
(b) dependent husband;
(c) dependent parents and grandparents;
(d) sons under the age of sixteen years; and
(e) unmarried daughters under the age of eighteen
and "dependent" used in connection with "husband", "parents" and "grandparents" means wholly or mainly maintained by the wife, son or daughter, or grandson or granddaughter, as the case may be.
(3) Any person who has been ordered to leave and re- main out of the Colony under sub-regulation (1) of this regulation may-
(a) be detained in custody in such place or places as the Colonial Secretary, or any person authorized by him in that behalf, may direct, for such period, as may be necessary for the purpose of making arrangements for such person to leave the Colony;
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THE HONG KONG GOVERNMENT GAZETTE.
(b) be conducted across the frontier or placed on board a ship by any member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, or by any police officer, or Immigration Officer, Deputy Immigration Officers and Immigration Contro! Officers, and may be lawfully detained on board so long as such ship is within the territorial waters of the Colony,
(4) An order for detention made under sub-regulation (1) of regulation 31 hereof in respect of a person who has been ordered to leave and remain out of the Colony under this re- gulation shall be suspended for the purpose of carrying out such order.
(5) Any person ordered to leave and remain out of the Federation of Malaya or the Colony of Singapore under any regulation or other enactment corresponding to this regulation in force in the Colony shall be deemed to have been ordered to leave and remain out of the Colony under this regulation and the provisions of this regulation shall apply to any such person accordingly, and any such person brought in custody to the Colony may be taken charge of by any police officer, Immigration Officer, Deputy Immigration Officers or Immigration Control Officers and may be detained in custody in such place or places as the Colonial Secretary, or any person authorized by him in that behalf, may direct, until he can conveniently be conducted across the frontier or placed on board a ship, and any such person may be lawfully detained on board so long as such ship is within the territorial waters of the Colony.
(6) Any person who has left the Colony in pursuance of an order made or deemed to have been made under this re- gulation who returns to or enters the Colony shall be guilty of an offence and shall on summary conviction be liable to im- prisonment for three years, and, whether or not a prosecution under this sub-regulation has been instituted against him, may be detained in custody and conducted across the frontier or placed on board a ship under the original order made, or deemed to have been made, against him under this regulation.
(7) Any person ordered, or deemed to have been ordered, to leave and remain out of the Colony shall, while de- tained or in the custody of a member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, or any police officer, or Immigration Officer, Deputy Immigration Officers or Immigration Control Officers, be deemed to be in lawful custody,
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(8) Any order made against any person under sub- regulation (1) of this regulation shall be in writing, signed under the hand of the Clerk of Councils.
779
of certain
33. (1) In this regulation, "residents" includes any person Inhabitants found residing in any village, area or district, when effect is areas may given to an order of detention made under sub-regulation (2) be ordered
to leave the of this regulation.
Colony.
(2) In any case where the Governor has reasonable cause to believe that the residents, or any portion thereof, in any village, area or district-
(4) have aided and abetted or have consorted with or harboured any person whom they knew or had reasonable cause to believe to be a person who had recently acted or was acting in a manner prejudicial to the public interest; or
(b) have suppressed or combined to suppress evidence of the commission of any offence against regulation 116 and regulation 118 hereof; or
(c) have persistently failed to give information to
a member of His Majesty's regular forces or local naval, military or air force, corps or reserve or to a police officer of the presence in such village, area or district of any person who had recently acted or was acting in a manner prejudicial to the public interest; he may, by order under his hand, direct that the residents of such village, area or district or any portion thereof shall be detained in custody.
(3) The Governor may exempt any person or class of persons from the operation of
any order made under sub-regulation (2) of this regulation.
(4) Where an order has been made under sub-regulation (2) of this regulation, the Governor in Council may order the persons subject to such order to leave and remain out of the Colony Provided that no such order shall apply to any British subject born in the Colony.
:
(5) Where, after an order under sub-regulation (2) of this regulation has been made, any person whether exempted under sub-regulation (3) of this regulation or not is found residing in any village, area or district to which such order refers, without the written authority of the police officer in charge of such village. district or area, the Colonial Secretary may, by order under his hand, direct that such person be detained in custody and the provisions of this regulation shall then apply to such person.
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Declaration of special
areas and
duties of persona therein.
THE HONG KONG GOVERNMENT GAZETTE.
(6) The Governor in Council may exempt any person or class of persons from the operation of any order made under sub-regulation (4) of this regulation and thereupon any order made under sub-regulation (2) of this regulation shall, in respect of such person or class of persons, cease to have effect and such person or class of persons shall immediately be released.
(7) Any person who is the subject of any order made under this regulation may
(a) be detained in custody in such place or places as the Colonial Secretary, or any person authorized by him in that behalf, may direct for such period as may be necessary for the purpose of making arrangements for such person to leave the Colony;
(b) be conducted across the frontier or placed on board a ship by any member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, or by any police officer, or Immigration Officer, Deputy Immigration Officers or Immigration Control Officers and may be lawfully detained on board so long as such ship is within the territorial waters of the Colony.
(8) Any person who has left the Colony in pursuance of an order made under this regulation and who returns to or enters the Colony shall be guilty of an offence and shall on summary conviction be liable to imprisonment for three years, and, whether or not a prosecution under this sub-regulation has been instituted against him, may be detained in custody and conducted across the frontier or placed on board a ship under the original order made under this regulation.
(9) Any person ordered to leave and remain out of the Colony shall, while detained or in custody of a member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, or of a police officer, or Immigation Officer, Deputy Immigration Officers, or Immigration Control Officers, be deemed to be in lawful custody.
(10) Any order or exemption under sub-regulation (4) or sub-regulation (6) of this regulation shall be signified under the hand of the Clerk of Councils.
34. (1) If, as respects
it any area, appears to the Commissioner of Police to be necessary or expedient that special precautions should be taken to prevent malicious injury to persons or property, he may, by order, declare such area to be a special
SUPPLEMENT No. 2, DECEMBER 28, 1949.
area for the purposes of these regulations. Any area in relation to which an order made under this regulation is in force is hereinafter called a "special area".
(2) It shall be the duty of any person in a special area to stop and submit to search by an officer when called upon so to do, and if any such person fails to stop when challenged or called upon to stop by an officer, he may be arrested and searched, by force if necessary, and such force may, if such officer considers such action necessary to effect the arrest, extend to the use of lethal weapons.
(3) For the purposes of this regulation "officer" means any police officer or any member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve.
35. (1) Notwithstanding anything to the contrary contained. Use of in any enactment, it shall be lawful for any officer in order-
781
lethal weapons in effecting
(a) to effect the arrest of any person whom he has, arrests, in all the circumstances of the case, reasonable cause to believe to have committed an offence against regulations 110, 116, 118,
[20; or
(b) to overcome forcible resistance offered by any person to such arrest; or
(c) to prevent the escape from arrest or the rescue of any person arrested as aforesaid;
to use such force as, in the circumstances of the case, may be reasonably necessary, which force may extend to the use of lethal weapons.
(2) Before any lethal weapon may be used to effect the arrest of a person an officer shall call upon him, in a loud voice, to stop and the person so called upon shall be given a reason- able chance to stop and submit to arrest.
(3) Any person arrested for any of the offences men- tioned in sub-regulation (1) of this regulation shall, as soon as possible after his arrest, be clearly warned by an officer of his liability to be shot at if he endeavours to escape from custody.
(4) For the purposes of this regulation "officer" means any police officer or any member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve, or any authorized guard.
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Transfer of persons in custody.
Restriction orders.
THE HONG KONG GOVERNMENT GAZETTE.
(5) Any act or thing done before the coming into force of this regulation which would have been lawfully done if this regulation had been in force, shall be deemed to have been law- fully done under this regulation.
38. Any person lawfully in the custody of the police, whether under these regulations or under an order of Court
any or otherwise howsoever may, for the purpose of safe custody, if the Colonial Secretary by warrant so direct, and notwithstand- ing any order of a Court, be detained in or transferred to or from any prison or any police station, police lock-up or any other similar place authorized generally or specially by the Colonial Secretary in that behalf until dealt with in due course
of law.
37. (1) The Commissioner of Police, or any person authorize ed by him in that behalf, may make, in relation to any person, an order for all or any of the following purposes, that is to
Say-
(a) for securing that, except in so far as he may be permitted by the order, or by such authority or person as may be specified in the order, that person shall not be in any such area in the Colony as may be so specified;
(b) for requiring him to notify his movements, in such manner, at such times and to such authority or person as may be specified in the order;
(c) prohibiting or restricting the possession of or use of that person of any specified articles:
(d) imposing upon him such restrictions as may be specified in the order in respect of his employment or business, in respect of his association or communication with other persons, and in respect of his activities in relation to the dissemination of news or the propagation of opinions.
(2) If any person against whom an order has been made as aforesaid contravenes the terms of such order, he shall be guilty of an offence against these regulations.
or any person
Special
38. (1) The Commissioner of Police, supervision, authorized by him in that behalf, may by order direct that any person shall be placed under special supervision for any period not exceeding one year.
(2) Any person placed under special supervision by order as aforesaid shall be subject to all or any of the restric- tions as the Commissioner of Police, or any person authorized by him in that behalf, may direct, that is to say-
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(a) he shall be required to reside within the limits.
of any area as may be specified in the order;
(b) he shall not be permitted to transfer his re- sidence to any other part of the area, or to any other area with- out the written authority of the police officer in charge of such
area;
(c) he shall not leave the area or village within which he resides without the written authority of the police officer in charge of such area or village:
(d) he shall at all times keep the police officer in charge of the area in which he resides notified of the house or the place in which he resides;
(e) he shall, wherever called upon so to do by the police officer in charge of the area in which he resides, present himself at the nearest police station;
(f) he shall remain within the doors of his residence from one hour after sunset until sunrise, and may be visited at his residence at any time by a police officer.
(3) Any person in respect of whom an order has been made under sub-regulation (1) and sub-regulation (2) of this regulation may be arrested by any police officer or by any member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve and conveyed to the area in which he should be.
(4) If any person against whom an order has been made as aforesaid contravenes the terms of such order or of this regulation, he shall be guilty of an offence against these regula- tions.
783
39. When an order under this Part has been made against Power of
Governor any public officer, the Governor may order the dismissal or
to order suspension of such officer, and the stoppage of his salary and dismissal allowances in whole or in part during the period for which the and
stoppage order is in force. Any order so made shall take effect as from of salary of the date upon which it is made, but it shall be reported to and public require the confirmation of the Secretary of State.
officer.
40. (1) No person arrested or detained under the powers Further
detention conferred by regulation 29 shall be detained for a period exceeding deter 24 hours except with the authority of a police officer of the rank of arrest or sub-inspector or above or subject as provided by sub-regulation (2) under for a period exceeding forty-eight hours in all and it shall be the regulaton
detention
29.
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THE HONG KONG GOVERNMENT GAZETTE.
Power to seize weapon.
General
control of navigation.
duty of the person effecting arrest or detention under regulation 29 to report such arrest or detention to a police officer of the rank of sub-inspector or above with all convenient speed.
(2) Whenever any person has been arrested by a police officer under section 49 of the Police Force Ordinance, 1948, because such person has been reasonably suspected of being guilty of an offence against these regulations or has been arrested or detained pursuant to the provisions of regulation 29 or of sub- regulation (1) of this regulation it shall be lawful for a police officer of the rank of Superintendent of Police or above if he is satisfied that the necessary inquiries cannot be completed within a period of forty-eight hours from the time such person was first arrested or detained, to authorize the further detention of the person detained for an additional period not exceeding seven days but he shall, on giving any such authorization, forthwith report the circumstances to the Commissioner of Police.
(3) Any person detained under regulation 29 shall during the first 24 hours of his detention be deemed to be in lawful custody wherever detained and thereafter shall be deemed to be in lawful custody if detained in accordance with the provi- sions of this regulation in any prison or in any police station or in similar place authorized generally or specially by the Colonial Secretary or if he is in the course of being taken to or transferred from any such prison, station or place.
any
41, (1) Any authorized officer may without warrant-
(a) enter and search any premises:
(b) stop and search any vessel, vehicle or individual, whether in a public place or not,
if he suspects that any offensive weapon of any nature whatsoever or anything which can be adapted or used as an offensive weapon is likely to be found on such premises or individual or in such vessel or vehicle, and may seize any weapon or thing so found. (2) No woman shall be searched under this regulation except by a woman.
PART IV
Control of harbours, ports and territorial waters of the Colony and movements of vessels and aircraft.
42. (1) The Governor may by order make provision as to the places in or to which vessels may be or go, and generally for regulating the movements, navigation, pilotage, anchorage,
SUPPLEMENT No. 2, DECEMBER 28, 1949.
mooring, berthing and lighting of vessels within the harbours and territorial waters of the Colony, and any order made under this regulation is hereafter in these regulations referred to as "a navigation order."
(2) If, in the case of any vessel, a navigation order is contravened or not complied with, the master of the vessel shall be guilty of an offence against these regulations.
(3) An authorized officer may, in relation to any vessel, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order under this regulation relating to the vessel, or, where an offence against this regulation has occurred in the case of the vessel, for enabling proceedings in respect of the offence to be effectually taken.
(4) This regulation shall apply in relation to seaplanes on the surface of the water as those provisions apply in relation to vessels, and seaplanes taking off from, or alighting on, the water shall be deemed, for the purpose of this regulation, to be on the surface of the water while in contact therewith.
43. (1) Except Governor-
under
permission
785
granted by the Control of
lighthouses,
etc.
(a) no light, buoy, beacon or other apparatus used
in the Colony for the purpose of aiding navigation in or on the water, shall be discontinued, altered or removed; and
(b) no variation shall be made in the mode of ex- hibiting or operating any such light, buoy, beacon or other
apparatus.
(2) The Governor, and any person acting on his behalf, may, if it appears to him to be necessary in the public interest so to do, give directions for prohibiting or restricting the exhibition or operation of, or requiring the removal, alteration or conceal- ment of, or the making of any variation in the mode of exhibiting or operating, any such light, buoy, beacon or other apparatus as aforesaid.
(3) If this regulation, or any direction given under this regulation, is contravened or not complied with in the case of any light, buoy, beacon or other apparatus, the person responsible for the maintenance of the light, buoy, beacon or apparatus, as the case may be, shall be guilty of an offence against these regula- tions; and, in the case of a failure to comply with any such
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Power to exclude British
ships from particular
areas.
Measures
for safety of vessels in the
THE HONG KONG GOVERNMENT GAZETTE.
direction as aforesaid requiring the removal, alteration or conceal- ment of any light, buoy, beacon or other apparatus, the Governor may (without prejudice to any proceedings which may be taken in respect of the offence) cause to be done all such work as may be necessary for securing compliance with the direction.
44. (1) The Governor may, if it appears to him to be neces- sary or expedient so to do for the purpose of facilitating the protection of shipping or in the public interest, by order require any British ship to leave, or to keep away from, any area specified in the order, and any such order may make provision for such incidental and supplementary matters as appear to the Governor to be necessary or expedient.
(2) If in the case of any British ship an order under this regulation is contravened or not complied with, the master of the ship and the person having the management thereof shall each be guilty of an offence against these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any ship, take such steps and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order under this regulation relating to the ship, or, where an offence against this regulation has occurred in the case of the ship, for enabling procedings in respect of the offence to be effectually taken.
45. (1) Any person authorized by the Governor to act under this regulation (hereafter in this regulation referred to as "a com- petent authority") may give directions to the owner or master of the Colony, any vessel which is for the time being within the harbours and
territorial waters of the Colony requiring him--
waters of
(a) to take such steps as may be specified in the directions for the purpose of securing that, while the vessel remains within the harbours and territorial waters of the Colony, fires occurring in the vessel as the result of hostile attack will be immediately detected and combated;
(b) to secure that, while the vessel remains within the harbours and territorial waters of the Colony, either at all times or during such periods as may be so specified-
(i) in a case where the vessel is equipped with
a gun or other instrument or device capable of being used to defend the vessel against hostile attack, that the gun, instrument or device will be manned; and
J
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(ii) in a case where the vessel is a ship propelled by mechanical power, that she is capable of being moved under her own power immediately when ordered to do so;
(c) for the purpose of taking such steps or securing such matters as aforesaid, to secure that such number of persons, or such number of persons of such class or description, as may be so specified, shall be on board the vessel, either at all times while she remains within the harbours and territorial waters of the Colony or during such periods while she so remains as may be so specified;
(d) to do or not to do such other things as may appear to a competent authority to be necessary or expedient to do or not to do for the purpose of securing the safety of the vessel or preventing her endangering other vessels or property within the harbours and territorial waters of the Colony in the event of hostile attack.
(2) A competent authority may give directions to the owner or master of any such vessel as aforesaid requiring him-
(a) to secure that, while the vessel remains within the harbours and territorial waters of the Colony, such precau- tions, as may be specified in the directions will be taken, either at all times or during such periods as may be so specified, to guard against attempts to interfere with or damage the vessel, or any part thereof, or anything therein;
(b) for the purpose of securing such matters as aforesaid, to secure that such number of persons, or such number of persons of such class or description, as may be so specified, shall be on board the vessel, either at all times while she remains within the harbours and territorial waters of the Colony or during such periods while she so remains as may be so specified.
(3) Where, to give effect to arrangements made for complying with directions given under either of the preceding sub-regulations as respects a vessel remaining within the har- bours and territorial waters of the Colony, a person (not being a member of the crew of the vessel) has been engaged or re- quired to perform duties on board the vessel, then, if he fails to perform those duties, he shall be guilty of an offence against these regulations.
(4) Any person acting on behalf of the Governor may,
in relation to any vessel, take such steps and use such force as may appear to that person to be reasonably necessary for secur ing compliance with any directions under this regulation relating
787
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THE HONG KONG GOVERNMENT GAZETTE.
Control
over visitors to ships.
Measure
for safety
of
British
ships.
to a vessel, or, where an offence against this regulation has occurred in the case of a vessel for enabling proceedings in respect of the offence to be effectually taken.
↑
(5) The cost of taking any steps under the last fore- going sub-regulation in relation to vessel for securing compliance with directions under this regulation shall be a debt due from the owner of the vessel to the Crown, and without pre- judice to any other remedy may be recovered by the Government of Hong Kong as a civil debt.
in
(6) In this regulation the expression "owner", relation to a vessel, includes the person having the management of the vessel.
46. (1) Any person authorized by the Governor to act under this regulation may, by directions given to the master of any ship which is for the time being within the harbours and terri- torial waters of the Colony, prohibit any person going on board the ship without the consent in writing of the person so authorized so long as the ship remains within the harbours and territorial waters of the Colony, or during such periods while she so re- mains as may be specified in the directions.
(2) Any such directions may be given either generally with respect to all persons, not being officers or members of the crew of the ship or police officers or public servants acting in the course of their duty as such, or with respect to any particular person or class or description of persons.
(3) If any person goes on board a ship in contravention of directions given under this regulation, the master of the ship shall be guilty of an offence against these regulations.
47. (1) Subject as hereinafter provided the Governor may, if it appears to him to be necessary or expedient for the safety of British ships and of persons on board such ships so to do, make provision by order-
(u) for securing that any British ship to which the order applies shall not, except under permission granted by or on behalf of the Governor, proceed to sea unless such requirements in respect of the alteration of the structure or external appear- ance of the ship, and in respect of the equipping of the ship with any particular apparatus, contrivance or appliance, as may be contained in the order has been complied with;
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(b) for securing the proper maintenance and efficient use of any apparatus, contrivance or appliance with which any such ship is equipped in pursuance of the order.
(e) for prescribing the wireless telegraph services to
be maintained, and the number, grade and qualifications of operators and watchers to be carried, in connection with the opera- tion of any wireless telegraph installation provided in any such ship, whether in pursuance of the order or otherwise;
(d) for any incidental and supplementary matters for which it appears to the Governor to be necessary or expedient for the purposes of the order to provide;
and an order under this regulation may be made so as to apply either to a particular British ship or to British ships of a particular class, and so as to apply to any such ship or ships either wherever it or they may be or while in such waters, or engaged on such voyage, as may be specified in the order, but shall not apply to any Dominion ship.
(2) If any ship proceeds or attempts to proceed to sea in contravention of an order made under this regulation, the master of the ship and the person having the management thereof shall each be guilty of an offence against these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any ship, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order under this regulation relating to the ship, or, where an offence against this regulation has occurred in the case of the ship, for enabling proceedings in respect of the offence to be effectually taken.
British
789
48. (1) The Governor, if it appears to him to be necessary Employ- or expedient in the public interest may, as respects any class of ment in British ships other than Dominion ships, make provision by ships and order-
aircraft.
(a) for securing that, subject to any exemptions for which provision may be made by the order, any such class of persons as may be specified in the order shall not be employed on board ships to which the order applies;
(b) for prohibiting the employment of any persons
or class of persons on board such ships unless they are holders of certificates of identity issued in such form and manner as may be prescribed by the order, and for determining the circumstances in which certificates of identity may be granted and revoked under the order;
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THE HONG KONG GOVERNMENT GAZETTE.
3
Emenger
Employ- ment
agents for ships and aircraft.
and an order under this regulation may be made so as to restrict the employment of persons either in any capacity or in such capacity as may be specified in the order, and so as to restrict the employment of persons on such ships as aforesaid either wherever they may be or while in such waters, or engaged in such trades or on such voyages, as may be so specified.
(2) The preceding provisions of this regulation shall apply in relation to aircraft as they apply in relation to ships.
49. (1) The Governor, with a view to preventing the employ- outside the ment outside this Colony, in connection with the management of Colony of British ships, of persons whom he has reasonable cause to believe to be of hostile origin or associations or to have been recently concerned in acts prejudicial to the public interest, may by order direct that, as from such date as may be specified in the order, the owner, manager or charterer of any British ship, being a person resident in this Colony, shall not employ in any foreign country or territory, in connection with the management of the ship, any person other than a person approved for the purpose by the Governor; and an order under this regulation may be made so as to apply either generally or to employment in all foreign countries or territories, or to employment in such foreign countries or territories, or such class of foreign countries or territories, as may be specified in the order.
Entry and departure of thips and aircraft.
(2) The preceding provisions of this regulation shall apply in relation to aircraft as they apply in relation to ships.
50. (1) The Governor, and any person acting on his behalf, may, if it appears to him to be necessary or expedient in the public interest so to do, give directions, as respects any particular ship or aircraft, or any class of ships or aircraft-
(2) that no such ship or aircraft shall enter or leave the harbours and territorial waters of the Colony or the Colony, as the case may be, except with permission granted by him or such person as may be specified in the directions; or
(b) that any such ship or aircraft shall within such time as may be specified by any such directions leave the harbours and territorial waters of the Colony or the Colony.
(2) If any ship or aircraft enters or attempts to enter, or leaves or attempts to leave the harbours and territorial waters of the Colony or the Colony, as the case may be, in contravention
SUPPLEMENT No. 2, DECEMBER 28, 1949.
of any directions given under this regulation, the master of the ship or, as the case may be, the pilot of the aircraft, shall be guilty of an offence against these regulations,
(3) Any person acting on behalf of the Governor may, in relation to any ship or aircraft, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any directions given under this regulation relating to the ship or aircraft, or, where an offence against this regulation has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the offence to be effectually taken.
as in
791
51. (1) The Governor may, if it appears to him to be Prohibition necessary or expedient in the public interest by order prohibit supply of any ship or aircraft to take on board any fuel, victuals or fuel, necessaries or to effect any repairs, as may be specified in such victuals
and order, whilst such ship is within the harbours and territorial necessaries, waters of the Colony or whilst such aircraft is in the Colony. and the
repair of shipa and
Any such order under this regulation may be made so aircraft. as to apply either to a particular ship or aircraft or to ships or aircraft of a particular class,
(2) Any person who acts in contravention of any order under this regulation by supplying or taking on board any ship or aircraft, against which such order has been made, any such fuel, victuals or necessaries, or by effecting any such repairs whilst such ship is within the harbours and territorial waters of the Colony or whilst such aircraft is in the Colony, or, if there is any contravention of such an order in the case of a ship or aircraft, the master of the ship or the pilot of the aircraft, as the case may be, and the person having the management thereof shall all be individually guilty of an offence against these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any ship or aircraft, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order made under this regulation relating to the ship or aircraft, or, where an offence against this regulation has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the offence to be effectually taken.
52. (1) No person lawfully engaged to serve on board any Desertion ship to which this regulation applies shall-
from ships,
etc.
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Ordinance
No. 10 of 1899.
THE HONG KONG GOVERNMENT GAZETTE,
(a) neglect or refuse without reasonable cause to join his ship or to proceed to sea on his ship; or
ship; or
time,
(b) desert or be absent without leave from his
(c) be absent without leave from his duty at any
(2) Nothing in this sub-regulation shall be taken to prejudice the provisions of paragraphs (4) and (b) of sub-section (5) of section y of the Merchant Shipping Ordinance, 1899. relating to forfeiture of effects or wages for desertion or absence without leave.
(3) Where an authorized officer has reasonable cause to believe that any person has contravened the provisions of sub- regulation (1) of this regulation, that person may be conveyed on board his ship by or under the directions of that officer.
(4) For the purpose of the last foregoing sub-regulation "authorized officer" shall be deemed to include, in addition to the persons mentioned in regulation 4 hereof, the master of the ship, any mate of the ship, the person having the management of the ship, any police officer, and the Director of Marine, the Assistant Director of Marine (Port Control), any Senior Marine Officer or any Marine Officer.
(5) In relation to ships to which this regulation applies, sub-regulations (3) and (4) shall have effect in substitution for the provisions of paragraplis (a) and (b) of sub-section (1) of section o of the Merchant Shipping Ordinance, 1899, in the case of a British ship and a ship belonging to a subject of a foreign country to which section 238 of the Merchant Shipping Act, 1894. Vict. c. 60. for the time being applies, respectively.
57 458
(6) No person lawfully engaged to serve on board any ship to which this regulation applies shall-
(a) join his ship. or be whilst on board his ship, in a state of drunkenness so that the performance of his duties or the navigation of the ship is thereby impeded;
(b) continually and wilfully disobey lawful com- mands or continually and wilfully neglect his duty;
(c) assault the master or any mate or certified engineer of his ship; or
(d) wilfully damage his ship or embezzle or wil- fully damage any of her stores or cargo.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
Nothing in this sub-regulation shall be taken to
prejudice the provisions of paragraphs (c), (d), (e), (f), (g) and
798
ty of sub-section (5) of section of the Merchant Shipping Ordinance Ordinance, 1890, relating to forfeiture of wages for wilful damage No. 10 of to a ship or embezzlement of, or wilful damage to, any of her
stores or cargo.
(7) The ships to which this regulation applies are--
(a) every ship belonging to His Majesty or the Government of any British possession and every ship, whether British or foreign, chartered or requisitioned by or on behalf of His Majesty or the Government of any British possession; and (b) every ship in respect of which there is for the time being in force a licence granted in pursuance of an order made under regulation 53 hereof.
(8) In any proceedings for an offence against this re- gulation, a certificate of the competent authority that at a particular time a ship was one to which this regulation applies shall be evidence of that fact.
1899.
sea.
53. (1) Without prejudice to any navigation order, the Control of Governor, with a view to securing that British ships are used in trade by such manner only as may be considered expedient in the public interest may by order provide that a British ship shall not proceed to sea from any port (whether within or outside this Colony) except under the authority of a licence granted by such authority or person as may be specified in the order; and any such order may contain provisions whereby a licence under the order may be granted subject to such limitations and conditions as the authority or person granting the licence thinks fit to impose with respect to-
(a) the trades in which the ship may be engaged, and the voyages which may be undertaken by the ship;
(b) the class of cargoes or passengers which may be carried in the ship; and
(c) the hiring of the ship, and the terms upon which cargoes or passengers may be carried in the ship;
and may
also contain such prov isions with respect to incidental and supplementary matters as appear to the Governor to be necessary or expedient for the purposes of the order.
Any provisions of an order under this sub-regulation may be so framed so as to apply to any specified class of British ships, and so as to apply to any such ships either wherever they
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794
THE HONG KONG GOVERNMENT GAZETTE.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
795
Control of agreements for une or hire of, or
carriage of goods in, ships.
may be or while in such waters, or engaged in such trades or on such voyages, as may be specified in the order, but nothing in such an order shall apply to any Dominion ship.
(2) Without prejudice to any navigation order or to the preceding provisions of this regulation, any person acting on behalf of the Governor, or any such authority, or person as may be designated by the Governor for the purposes of this sub- regulation, may give such directions with respect to any particular ship--
(a) for determining the place in the Colony to which the ship may go, or the position within any such place at which the ship may lie; and
(b) for determining the class of goods or passengers which may be put off or taken on board the ship at any particular place in the Colony;
as the Governor or the said authority or person, as the case may be, considers necessary or expedient in the public interest.
(3) If any ship proceeds or attempts to proceed to sea in contravention of an order made under this regulation, or if otherwise there is any contravention of such an order in the case of a ship, the master of the ship and the person having the management thereof shall each be guilty of an offence against this regulation.
(4) Any person acting on behalf of the Governor may, in relation to any ship, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order under this regulation relating to the ship, or, where an offence against this regulation has occurred in the case of the ship, for enabling proceedings in respect of the offence to be effectually taken.
54. (1) The competent authority may by order direct that. subject to the provisions of the order, no person shall enter into or offer to enter into an agreement for the use or hire of a ship of any such class as may be specified in the order or for the carriage of goods in any such ship.
(2) Notwithstanding any thing in regulation 136 hereof where it is proved that an offer made by any person in contra- vention of an order under the preceding sub-regulation has been followed by an agreement so made by him in pursuance of that offer, those transactions together shall be taken to constitute a single offence.
for service
in ships.
55. Where a British ship (not being a Dominion ship) is Effect of
requisition acquired, chartered or requisitioned by or on behalf of the Govern- etc., on ment of Hong Kong and the employment or engagement in that agreements ship of the master or any member of the crew would, but for this regulation, be terminated by the acquisition, charter or requisition, then, unless in any case the Governor or any person on his behalf otherwise directs, the employment or engagement shall not be terminated thereby, but the agreement under which the master or member of the crew is employed or engaged shall have effect, as respects the period during which the ship is owned, chartered or requisitioned by or on behalf of the Government of Hong Kong, as if it were an agreement made with the said Government for service in that ship: Provided that nothing in this regulation shall be construed as affecting the expiration, by effluxion of time, of any such agreement.
uf
58. In the public interest the Governor may, by order, Regulation regulate or prohibit, either absolutely or subject to such er
prohibition conditions as may be contained in the order, the navigation of of the all or any descriptions of aircraft over the Colony or any portion navigation thereof, or the territorial waters adjacent thereto and may by aircraft order provide for regulating or prohibiting the use, erection, over the
Colony. building, maintenance or establishment of any aerodrome, flying school or landing ground, or any class or description thereof.
PART V.
Transport.
and
57. The Governor, if he considers it necessary or expedient Control of in the public interest may by order provide for the stopping up, highways restriction of the use of or diversion of any highway, and for territorial prohibiting or restricting the exercise of any right of way or waters. the use of the territorial waters of the Colony or any part thereof,
58. Without prejudice to any other of these regulations, Traffic on the Governor may by order provide for the regulation of traffic highways, on highways, and, without prejudice to the generality of the power aforesaid, any such order may in particular provide-
(a) for determining the routes to be followed by any particular class of vehicles proceeding on highways, either generally or in such circumstanes as may be determined by or in accordance with the order;
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Control of mechanical-
vessels or
THE HONG KONG GOVERNMENT GAZETTE.
(b) for prohibiting or regulating the use of vehicles or any class of vehicles on highways or the use by vehicles of specified roads or classes of roads, either generally or in such circumstances as may be so specified;
and may be made so as to apply either generally or to any specified area, and may make different provision for different parts of the area to which the order applies.
59. The Governor may by order provide for requiring ly propelled mechanically propelled vessels or vehicles, or any such class of mechanically propelled vessels or vehicles as may be specified vehicles. in the order, to be rendered incapable of use by unauthorized persons during such periods or occasions as may be specified; and any such order may contain provisions with respect to the method by which such vessels or vehicles are to be rendered incapable of use as aforesaid.
Control of fuel etc. required
for
60. (1) The Governor may by order provide for regulating the supply and storage of any substances and articles capable of being used as fuel or lubricants for mechanically propelled mechanical- vessels or vehicles or otherwise in connexion with such vessels ly propelled vessels or or vehicles, with a view to preventing supplies thereof being vehicles.
available for use in any manner prejudicial to the public interest and any such order may, in particular, provide for prohibiting the supply and storage of such substances and articles as aforesaid elsewhere than in such places and under such conditions as may be approved by such authorities or persons as may be specified in the order.
Main- Lenance of highways.
(2) Any order under this regulation may be made so as to apply either generally or to a particular area, and may provide for any incidental or supplementary matters for which the Governor thinks it is expedient for the purposes of the order to provide, including, in particular, the entry and inspection of premises to which the order relates and the taking of such steps as may be expedient with a view to securing compliance with the order.
61. (1) Where any person is under a duty to improve or maintain a highway, the Governor may give such directions with respect to the manner in which that duty is to be performed as he thinks necessary in the public interest.
Directions under this sub-regulation shail apply in relation to any bridge over or under a highway, and to any tunnel in the course of a highway, as they apply in relation to a highway.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(2) If any directions given under this regulation are not complied with by the person to whom they are given, then (without prejudice to any proceedings which may be taken in respect of the offence) the Governor may cause to be done all such work as may be necessary for securing compliance with the directions.
traffic
797
62. (1) Without prejudice to any navigation order, the Control of Governor, if it appears to him to be necessary or expedient so to within the de in the public interest, may make provision by order-
harbours and
(a) for prohibiting or restricting the shipping or territorial unshipping of articles or persons, or any specified class of articles waters of
the Colony. for persons, at any place within the harbours and territorial waters of the Culony or at any pier, quay, wharf or any place bordering thereon:
(b) generally for regulating, facilitating or expedit- ing the traffic at any such place;
and an order under this regulation may contain such incidental and supplementary provisions as appear to the Governor to be necessary or expedient for the purposes of the order.
(2) The reference in this regulation to shipping or unshipping shall be construed as including a reference to embark- ing or putting on board seaplanes or disembarking or unloading from scaplanes.
within the
and,
waters of the Colony
63. (1) A competent authority may, if u appears to him to Congestion be necessary for the purpose of preventing or avoiding any undue of trafic congestion of traffic at any place within the harbours and territorial harbours waters of the Colony or upon railway premises cause to be removed
territorial from any such place or premises, and to be kept at such place in the Colony as he thinks proper, any goods at such place or on the premises which are not removed therefrom with reasonable railways. despatch by or on behalf of the consignee, after reasonable notice in writing to the consignee to remove the goods shall have been given. Such competent authority may make provision by order-
(a) for carrying into effect the provisions of this
regulation:
(b) for making charges in respect of the removal and storage elsewhere of any goods, coming within the provisions of this regulation and an order under this regulation may contain such incidental and supplementary provisions as appear to such competent authority to be necessary or expedient for the purposes of the order.
and on
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Handling and
conveyance
of
ammunition
etc. within the
harboura
and
Lerritorial
waters of the Colony.
Powers to
stop and search
vehicles
including railway vehicles and tramways.
THE HONG KONG GOVERNMENT GAZETTE.
(2) For the purposes of this regulation any pier, quay, or wharf and any godown in the immediate vicinity of any such pier, quay or wharf or of any harbour shall be deemed to be a place within the harbour.
64. (1) No restriction imposed by any enactment in relation to the harbours and territorial waters of the Colony shall apply- (a) to the shipping, unshipping, handling, storage or conveyance of ammunition, explosives or inflammable sub- stances in the service of His Majesty or under instructions given by the Governor; or
(b) to the conveyance of ammunition, explosives. or inflamable substances in any vessel in the public interest ; but the Governor may by order make such provision as appears to him to be required in the interests of safety for regulating the shipping, unshipping, handling, storage and conveyance of am munition, explosives and inflamable substances as aforesaid in any such area.
(2) Any reference in this regulation to shipping or to unshipping shall be construed as including a reference to putting on board seaplanes or to unloading from seaplanes, as the case may be.
65. (1) The person driving, or in control of, any road vehicle in motion or any vessel in motion on water to which the public have access or on any inland navigation shall stop the vehicle or vessel on being required so to do by any police officer or by any member of His Majesty's regular forces, or of any local naval, military or air force, corps or reserve being in uniform.
(2) If-
(4) as respects any road vehicle being on a public highway or in a place to which the public have access; or
(b) as respects any vessel being in the territorial waters of the Colony; or
(c) upon the overtaking of a road vehicle or vessel on any occasion on which the person driving, or in control of the vehicle or vessel has been lawfully required to stop it but has failed to do so, any police officer or member of His Majesty's regular forces, or of any local naval, military or air force, corps or reserve has reasonable ground for suspecting that there is to be found in the vehicle or vessel evidence of the com- mission of an offence against these regulations, he may search the vehicle or vessel and may seize any article found therein
30
SUPPLEMENT No. 2. DECEMBER 25,′′ 1949.
which he has reasonable ground for believing to be evidence of the commission of any such offence. The powers conferred by this sub-regulation shall be in addition to, and not in derogation of, the powers conferred by any other of these regulations.
(3) In this regulation "road vehicle" means any vehicle. designed or adapted for use on roads or rails,
(4) If any person having the command of any vehicle or vessel fails to stop the same forthwith when called upon orally or by signal or by any other means whatsoever he shall be guilty of an offence against these regulations.
PART VI.
Possession or control of property, undertaking or employment.
of land.
799
66. (1) A competent authority if it appears to that authority Taking to be necessary or expedient in the public interest may take or [EYNSONANTON authorize in writing the taking of possession of any land and may give such directions as appear to be necessary for the taking and maintaining possession of such land and for the eviction therefrom of any person who is, enters or remains thereon with- out the consent of the competent authority,
(2) Without prejudice to the generality of the fore- going such directions may authorize any police officer to break open, enter forcibly and remain on any land the taking posses- sion of which has been authorized by the competent authority and to evict forcibly from such land any persons that the com- petent authority may specify or any persons other than such persons as the competent authority may specify.
(3) Whether or not any specified direction has been given under the preceding sub-regulation a police officer may take such steps and use such force as appears to him to be reasonably necessary for securing compliance with any direction given under sub-regulation (1).
(4) While any land is in the possession of a competent. authority by virtue of this regulation, the land may, notwith- standing any restriction imposed on the use thereof (whether by any Ordinance or other instrument or otherwise), be used by, or under the authority of, the competent authority in the public interest, and the competent authority, so far as appears to it to be necessary or expedient in connection with the taking of possession or use of the land in pursuance of this sub-regulation-
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Requisition
28
THE HONG KONG GOVERNMENT GAZETTE.
(a) may do, or authorize persons using the land as aforesaid to do, in relation to the land, anything which any person having an interest in the land would be entitled to do by virtue of that interest; and
(b) may by order provide for prohibiting or res- tricting the exercise of rights of way over the land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
(5) The owner or occupier of any land shail, if requested by or on behalf of a competent authority so to do, furnish to such authority or person as may be specified in the request such information in his possession relating to the land (being informa- tion which may reasonably be demanded of him in connection with the execution of this regulation) as may be so specified.
(6) A competent authority may, to such extent and subject to such restriction as it thinks proper, delegate all or any of its functions under this regulation to any specified person or class of person.
67. (1) In this regulation the term "chattel" includes any of property substance, vehicle or animal and any launch, lighter, boat or other other than land. small craft, and any ship, vessel or aircraft but does not include currency, gold securities or negotiable instruments.
(2) A competent authority may, if it appears to him to be necessary or expedient so to do in the public interest, requisition any chattel, and may give such directions as appear to him to be necessary or expedient in connection with the requisition. Any person contravening any such direction shall be guilty of an offence against these regulations.
(3) Where any chattel is requisitioned, under this regulation, a competent authority may use or deal with or authorize the use or dealing with the chattel for such purposes and in such manner as he thinks expedient in the public interest, and may hold, or sell or otherwise dispose of, the chattel as if he were the owner thereof and as if the chattel were free from any mortgage, pledge, lien or other similar obligation, and, in a case where the chattel requisitioned is a vehicle, vessel, excavator, crane or agricultural machinery, may acquire it by serving on the owner thereof a notice stating that he has acquired it in pursuance of this regulation. When a notice of acquisition has been served, then, at the beginning of the day on which the notice is served-
30
SUPPLEMENT No. 2, DECEMBER 25, 1949.
(a) the vehicle, vessel, excavator, crane or agicultural machinery shall vest in the Government of Hong Kong free from any mortgage, pledge, lien or other similar obligation; and
(b) the period of the requisition thereof shall end. (4) In any case in which the chattel requisitioned is a chattel other than a vehicle, vessel, excavator, crane or agricultural machinery such chattel shall as soon as possession thereof is taken in pursuance of this regulation, vest in the Government of Hong Kong free from any mortgage, pledge, lien or other similar obligation.
(5) Where the competent authority has issued his requisition in respect of any chattel,such chattel shall be furnished by the owner and the person having the possession, custody or control thereof to the competent authority or to such persons as he shall appoint for the purpose forthwith or (if such is the case) within such period as may be mentioned in the requisition. On any refusal or neglect to furnish such property in manner afore- said, then the competent authority or others authorized by him in that behalf may seize (and if need be may enter premises by force for the purpose) the property requisitioned and may use the same in like manner as if it had been furnished in pursuance of the requisition. Payment for the same shall nevertheless be made in like manner as if the property had been duly furnished accord- ing to the requisition provided that the property specified in the requisition shall not be deemed to have been furnished except in so far as possession is taken by or by the direction of the competent authority.
(6) Where the Accountant-General is satisfied that any vehicle in respect of which a licence to keep has been granted has, in exercise of the powers conferred by this regulation, been acquired before the expiration of the period of the validity of such licence, the Accountant General may authorize the refund to the person who at the date of such acquisition was the owner of the vehicle of a proportionate part of the fee paid for such licence in respect of such part of the period of its validity as remained unexpired at the date aforesaid, if a claim for such refund is made to him in writing by such person not later than three months after the date when such vehicle was acquired as aforesaid.
801
Power to
68. (1) Any authorized officer and any person acting under the special authority of a competent authority may, in the public do work on
land. interest, do any work on any land or place anything in or over any land.
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802
Use of land by His Majesty's forces and police.
Power to require storing,
THE HONG KONG GOVERNMENT GAZETTE.
(2) A competent authority, if it appears to him to be necessary or expedient so to do in the public interest, may by order provide for prohibiting or restricting the doing on any particular land of any such work as may be specified in the order.
(3) No person, other than an authorized officer, or any person acting under the special authority of a competent authority, shall, except with permission granted by or on behalf of a com- petent authority remove, alter or tamper with any work done or retained, or anything placed or retained in, on or over, any land in pursuance of this regulation.
(4) Any person who contravenes any provision of this regulation, or any order or direction thereunder, shall be guilty of an offence against these regulations,
(5) For the purposes of this regulation, the doing or retaining of work shall, in relation to any land, be deemed to include the demolition, pulling down, destruction or rendering useless of anything placed in, on or over the land and the removal from the land of anything so placed, demolished or pulled down,
69, (1) Without prejudice to any other of these regulations, the Governor may by order authorize, subject to any restrictions or conditions imposed by the order, the use of any land specified
therein for naval, military, air force or police force purposes, as the case may be, during such period as may be specified in the order; and any such order may, so far as appears to the Governor to be necessary or expedient for the purposes thereof, provide
(4) for entitling persons using any land in pursuance of the order to do such acts in relation to diat land as may be specified in the order; and
(b) for prohibiting or restricting the exercise of rights of way over that land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
(2) Any person who contravenes any order made under this regulation shall be guility of an offence against these regulations.
70. (1) The Governor may by order require any person who carries on the business of storing, cooling, transporting or cooling etc., distributing goods of any description to afford similar services in relation to the storage, cooling, transport or distribution of goods
services.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
for the purpose of any of His Majesty's regular forces, or locat naval, military or air force, corps or reserve, or the police force or any essential services.
(4) Any person who contravenes any order made under this regulation shall be guilty of an offence against these regulations.
803
water and
71. (1) The Governor may by order require any company, Power to authority or person supplying or authorized to supply water, require light, heat or power, to supply water, light, heat or power to power any building, premises or camp belonging to or used for the services. purposes of any of His Majesty's regular forces or local naval, military or air force, corps or reserve, or the police force or any essential services and to carry out such work and render such services in connection with such supply as may be directed by the Governor.
(2) Any person who contravenes any order made, under this regulation shall be guilty of an offence against these regulations.
industry.
72. (1) A competent authority, so far as appears to that General authority to be necessary in the public interest may, subject to control of any general or special instructions of the Governor, by order provide-
(a) for regulating or prohibiting the production, treatment, keeping, storage, movement, transport, distribution, disposal, acquisition, use or consumption of articles of any description, and, in particular, for controlling the prices at which such articles may be sold;
(b) for regulating the carrying on uf any undertaking engaged in essential work, and, in particular, for controlling the charges which may be made by the undertakers in respect of the doing of any work by them;
(c) for requiring persons carrying Ch any undertaking to keep such books, accounts and records relating to the undertaking as may be prescribed by or under the order ;
(d) for requiring persons carrying on, sir employed
in connexion with, any undertaking, to produce in such manner and to such person, as may be mentioned in such order or otherwise prescribed such books, accounts or other documents relating to the undertaking or to furnish to him such estimates, returns or information relating to the undertaking as may be mentioned in such order or otherwise prescribed;
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THE HONG KONG GOVERNMENT GAZETTE.
(e) for any incidental and supplementary matters for which the competent authority thinks it expedient for the purposes of the order to provide, including, in particular, the entering and inspection of premises to which the order relates by persons authorized in that behalf by the competent authority with a view to securing compliance with the order;
and an order under this regulation may prohibit the doing of anything regulated by the order except under the authority of a licence granted by such authority or person as may be specified in the order, and may be made so as to apply either to persons or undertakings generally or to any particular person or under- takings generally or to any particular person or undertaking or class of persons or undertakings, and either to the whole or to any part of any undertakings, and so as to have effect either throughout the Colony or in any particular area therein.
(2) A competent authority may, if it appears to that authority to be necessary so to do in the public interest, make or give as respects any undertaking all or any orders or directions which might have been made or given under paragraph (a) of sub-regulation (1) of regulation 73 by an authority which is a competent authority for the purposes of this regulation, if the undertaking had been a production or distribution undertaking and had been declared under that sub-regulation to be a controlled undertaking and paragraphs (b) and (c) of that sub-regulation shall apply accordingly.
(3) Where the right to make charges in connexion with the carrying on of any undertaking with respect to which an order may be made under this regulation is limited by law, any order so made in relation to that undertaking may authorize the under- takers to make in that connexion charges in excess of, or in addition to, or otherwise varying from, those which they would otherwise be authorized to make.
(4) A competent authority, if it appears to that authority to be necessary so to do in the public interest, may, subject to any general or special instructions of the Governor, carry on the whole or any part of any existing undertaking, or authorize a person to carry on the whole or any part of any existing under- taking, in accordance with any instructions of the competent authority; and while by virtue of this sub-regulation a competent authority or a person so authorized is carrying on the whole or any part of an undertaking-
SUPPLEMENT No. 2, DECEMBER 28, 1949,
(a) the said authority or person shall be deemed
to be acting as the agent of the undertakers, except that the undertakers shall not have any right to control the carrying on of the undertaking or part of the undertaking; and
(b) the undertakers shall not be bound, or, as the case may be, shall not in respect of such matters as may be specified by order of the competent authority be hound, by any obligation or limitation imposed on the undertakers by or by virtue of any Ordinance or other instrument determining their functions.
(5) A competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under this regulation to any specified persons or class of persons.
(6) For the avoidance of doubt, it is hereby declared that the powers conferred by this regulation may be exercised as respects any undertaking whether or not the undertaking has been declared to be a controlled undertaking and that sub- regulation (2) of this regulation authorizes the making of any such orders or the giving of any such directions as are therein mentioned in relation to any undertaking, notwithstanding that the undertaking is being carried on under sub-regulation (4) of this regulation by a person authorized in that behalf by the competent authority. The powers of regulating or prohibiting the movement of articles contained in sub-regulation (1) of this regulation shall include the power to regulate and prohibit the importation and exportation of articles into and out of the Colony.
(7) In this regulation-
(a) "essential work" means work appearing to the competent authority to be essential in the public interest; and
(b) "undertaking" means any public utility under- taking or any enterprise concerning industry, commerce, agricul- ture or any fishery, and "undertakers" in relation to any such enterprise means the persons by whom it is carried on; and any reference in this regulation to articles shall be construed as including a reference to substances, vehicles, vessels or animals and also as including a reference to electricity.
805
73. (1) If the Governor is satisfied that in the public interest Controlled
takinga,
it is expedient that any production or distribution undertaking, or under- any class or description of such undertakings, should become subject to the provisions of this regulation, he may by order
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806
THE HONG KONG GOVERNMENT GAZETTE.
declare that undertaking, or every undertaking of that class or description, to be a controlled undertaking, and thereupon the following provisions shall have effect as respects every under- taking to which the order relates-
(a) the undertakers shall carry on the undertaking in accordance with orders made or directions given by a com- directions may, in petent authority, and such orders or particular-
(i) require the undertakers to employ upon such work and for such period as may be specified in the order or directions, such persons, or such class or description of persons, or such number of persons, or such number of persons of such class or description, as may be so specified;
i) fix the price or remuneration to be paid for any articles produced or supplied or services rendered by the undertakers (whether to a competent authority or otherwise) in accordance with the order or directions;
(b) no obligation or limitation imposed on the undertakers by or by virtue of any Ordinance or other instrument determining their functions shall prevent or excuse the under- takers from complying with any such order or directions;
(c) with a view to ascertaining whether any such orders or directions with respect to an undertaking are complied with, any person authorized in that behalf by a competent authority may at any time enter and inspect any premises used or appropriated for the purposes of the undertaking.
(2) In this regulation-
(a) "article" includes electricity and any sub- stance, vehicle or vessel;
(b) "undertaking" means any public utility under- taking or any enterprise concerning industry, commerce, agricul- ture or any fishery, and "undertakers" in relation to any such enterprise means the persons by whom it is carried on;
(c) "production or distribution undertaking" means an undertaking which, in the opinion of the competent authority, is or should be principally engaged upon the production distri- bution rendering or supply of articles or services required in the public interest.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
807
74. (1) A competent authority may, subject TO any Control of general or special instructions of the Governor, direct any person inent,
employ- in the Colony to perform such services therein as may be specified by the direction, being services which that person is, in the opinion of the authority, capable of performing.
(2) Any services required by a direction given under This regulation to be performed shall be performed upon such terms as to remuneration and conditions of service as the com- petent authority may, in accordance with the provisions of this regulation, direct:
Provided that in determining the terms upon which any such services are to be performed the authority shall have regard to any rates of salary, fees or wages for the performance of those services which appear to him to be usual, and, in particular, in the case of services usually rendered under a contract of service, shall have regard to any determination relating to the remunera- tion and conditions of service of persons employed in the district in the capacity and in the trade in which the person to whom the direction relates is to serve, being a determination contained in an agreement between organizations representative of employers and workers or in a decision of an arbitration board or other similar body or, in the absence of any such determination, shall have regard to the remuneration and conditions of service in practice prevailing among good employers in that trade in the district.
(3) Any directions given by a competent authority under this regulation may, in accordance with his instructions, be given on his behalf by any person duly authorized in writing by him.
(4) A competent authority may, subject to any general or special instructions of the Governor, by order make provision for regulating the engagement of workers by employers and the duration of their employment, and for giving effect to the fore- going provisions of this regulation, and may, in particular, provide by any such order-
(a) for requiring persons to register such particulars about themselves as may be prescribed by or under the order;
(b) for requiring persons carrying on any under- taking to keep such books, accounts and records relating to the undertaking as may be prescribed by or under the order;
(c) for requiring persons carrying on, or employed
in connexion with, any undertaking, to produce to such person as may be designated by or on behalf of the competent authority
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THE HONG KONG GOVERNMENT GAZETTE.
Entry and inspection of land.
Derelict articles.
or person specified in the order such books, accounts or other documents relating to the undertaking and to furnish such estimates, returns or information relating thereto as may be prescribed by or under the order;
(d) for any incidental and supplementary matters. for which the competent authority thinks it expedient to provide. including, in particular, the entry and inspection of premises with a view to securing compliance with directions given under this regulation;
and any such provision may be made so as to relate either to persons or undertakings generally or to any particular person or undertaking or class or description of persons or undertakings.
75. Any member of His Majesty's regular forces or local naval, military or air force, corps or reserve, or a police officer acting in the course of his duty as such, or any person authorized by a competent authority to act under this regulation on producing, if so required, some duly authenticated document showing his authority-
(a) may enter on any land for the purpose of exercising any of the powers conferred in relation to that land by any of these regulations;
(b) may enter and inspect any land for the purpose of determining whether, and, if so, in what manner, any of those powers are to be exercised in relation to the land; and
(c) may,
for any purpose connected with the public interest pass (with or without animals or vehicles) over any land.
76. Whenever any person finds an article as to which he has reasonable cause to believe that it has been lost or abandoned, and that, immediately before being lost or abandoned, it was used or intended to be used for the purposes of an armed force or was in the possession of a person who had it with him while serving with an armed force, the person so finding the article--
(a) shall forthwith report the nature and situation thereof, or, if the article is a document, cause it to be delivered, to some member of His Majesty's regular forces or local naval, military or air force, corps or reserve on duty in the neighbour- hood or to a police officer at a police station; and
(b) save as aforesaid, shall not remove or tamper with the article except with permission granted by the Commissioner of Police:
SUPPLEMENT No. 2, DECEMBER 28, 1949.
Provided that the Governor may by order direct that the obligations and restrictions imposed by this regulation shall not apply in relation to any such description of articles as may be specified in the order.
809
77. (0) With FL view to preventing work in essential Avoidance services being interrupted by trade disputes, the Governor may and by order make provision-
of strikes
lock-outs in essential
(a) for establishing a Board for the settlement of services. trade disputes, and for regulating the procedure of the Board;
(b) for prohibiting, subject to the provisions of the order, a strike or lockout in connection with any trade dispute;
(c) for any incidental and supplementary matters for which the Governor thinks it expedient for the purpose of the order to provide.
non-
(2) In this regulation "trade dispute" means any dispute or difference between employers and workers, or between workers and workers connected with the employment or employment or the terms of the employment or with the conditions of labour of any person employed in an essential
service.
(3) Any order made under this regulation may provide that contravention of any provision of such order shall be an offence against these regulaitons.
78. (1) Subject as hereinafter provided, the competent Special authority may require any space or accommodation in a British Powers as
15 ships ship or aircraft to be placed at the disposal of the competent and authority, and may give such directions as
appear to the aircraft. competent authority to be necessary or expedient in connection with any such requirement; and if any directions given under this sub-regulation with respect to any vessel or aircraft are contravened or not complied with, the master of the vessel or the pilot of the aircraft, as the case may be, and the person having the management thereof, shall each be guilty of an offence against this regulation: Provided that the preceding provisions of this regulation shall not authorize the doing of any thing in
or aircraft. relation to a Dominion ship
(2) Where, in respect of any ship or aircraft, there sub- sists between a person to whom this sub-regulation applies and any other person a charterparty or other contract under which
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THE HONG KONG GOVERNMENT GAZETTE.
the first-mentioned person is entitled to possession of the ship or aircraft or has the right to have any articles carried in the ship or aircraft or to use any space or accommodation in the ship or aircraft, the competent authority may serve on the first- mentioned person, in any manner appearing to the competent authority to be convenient, a notice stating that on such date as may be specified in the notice his rights and liabilities under the contract will be transferred to the competent authority; and in that event the contract shall, as regards any rights exercisable, or liabilities incurred, on or after the said date, have effect (sub- jeet to the provisions of the next following sub-regulation) as if the competent authority were a party to the contract instead of the person on whom the notice was served and as if for any re- ference in the contract to that person there were substituted a reference to the competent authority.
The persons to whom this sub-regulation applies are-
(a) every Briush subject not being resident in a
Dominion; and
of-
lands;
(b) every corporation incorporated under the law
(i) any part of the United Kingdom;
(ii) the Isle of Man or any of the Channel Is-
(iii) any Colony or British protectorate adminis- tered by His Majesty's Government in the United Kingdom; or (iv) any territory in respect of which a man- date on behalf of the League of Nations has been accepted by His Majesty and is being exercised by His Majesty's Govern- ment in the United Kingdom or any territory administered by the government of any part of His Majesty's dominions under the trusteeship system of the United Nations,
(3) The competent authority may at any time cancel a notice served under sub-regulation (2) of this regulation in respect of a contract, and thereupon the said sub-regulation shall, unless and until a further notice is served thereunder in respect of that contract, cease to operate in relation to the con- tract as regards any rights exercisable, or liabilities incurred, on or after the date on which the cancellation takes effect.
Notice of any such cancellation shall be given as soon as may be by the competent authority in such manner as that authority thinks best for informing the person concerned.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(4) The competent authority may, to such extent and subject to such restrictions as it thinks proper, delegate all or any of its functions under sub-regulations (1) to (3) of this regulation to any specified persons or class of persons.
78. (1) if the competent authority is satisfied--
811
Power Lo permit
where
(a) that it is necessary in the public interest that nuisances any particular work should be carried on in any particular premises jjecessary. or place; and
(b) that the carrying on of that work therein under the conditions necessitated by the requirements of the public interest is causing or may cause a nuisance;
the competent authority may by order provide for authorizing the carrying on of that work in those premises or that place notwithstanding that a nuisance may be caused thereby :
Provided that--
(1) before making any such order the competent authority shall take steps to ascertain whether arrangements cannot be made for the work to be carried on under such conditions as aforesaid, either in the premises or place in which it is being carried on or in some other premises or place, without causing a nuisance, and, if satisfied that such arrangements cannot be made, shall ascertain what means can be taken for minimising the nuisance; and
(ii) any such order shall specify the work and the premises or place to which it relates and shall be made subject to such conditions as the competent authority thinks best cal- culated to minimise the nuisance as far as is practicable without prejudicing the public interests.
(2) Where an order has been made under this regulation authorizing the carrying on of any work in any premises or place, no legal proceedings for the abatement or prohibition of any muisance caused by the carrying on, while the order is in force, of that work in those premises or that place or for the recovery of damages in respect of such a nuisance (including proceedings. for the enforcement of any undertaking given, or of any injunction or other order of a court granted or made, before the coming into operation of the order) shall be entertained by any count, but if upon representations made to any person appearing to the com- petent authority by which the order was made to be interested, the authority is satisfied that any condition imposed by the order is not being complied with, the authority shall send to the persons
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THE HONG KONG GOVERNMENT GAZETTE.
F
SUPPLEMENT No. 2, DECEMBER 28, 1949.
813
Informa-
storage
facilities.
engaged in the work authorized by the order a notice requiring them to comply with that condition within such time as may be specified in the notice, and, if the requirements of the notice are not complied with to the satisfaction of the competent authority the authority shall revoke the order:
Provided that the provisions of this sub-regulation as to the duty of the competent authority in the event of any such condition not being complied with shall be without prejudice to the power of the competent authority to vary any such condition if the competent authority is satisfied that it is necessary so to do.
(3) If while any order by a competent authority under this regulation is in force, an application is made to the authority by persons appearing to the authority to be interested request- ing that an inquiry into the extent of the nuisance, or the the steps that might be taken to minimise it, should be held. the competent authority shall, unless the application appears to such authority to be frivolous, direct the holding of such an inquiry, and shall after receiving the report of the person appointed to hold the inquiry, consider whether or not the order should be varied or revoked.
(4) For the purposes of this regulation, proceedings for the enforcement of an express covenant not to commit nuisance or for the recovery of damages in respect of a breach of such a covenant shall be deemed to be proceedings for the abatement or prohibition of a nuisance or for the recovery of damages in respect of a nuisance, as the case may be.
(5) Nothing in this regulation shall affect any pro ceedings for the enforcement of an Ordinance.
80. (1) With a view to obtaining information as to the tion as to accommodation and facilities available for the storage of articles in the public interest the Governor may, by order made as respects premises of any class situated in any area in the Colony, require the owners or occupiers of those premises to furnish to such authority, within such time, and in such form and manner, as may be specified in the order, such particulars with respect to the premises as may be so specified, and to notify that authority from time to time of any change in those particulars.
(2) The Governor may, to such extent and subject to such restrictions as he thinks proper, delegate his functions under this regulation to any specified persons or class of persons.
of
81. The Compensation (Defence). Regulations, togo, and all Application orders, notices and appointments thereunder, shall have effect, Compensa- in relation to things done under the powers conferred by these tion,
(Defence) regulations, as though the said regulations had been amended on Regula the coming into force of these regulations-
tions, 1944.
(a) by deleting in sub-regulation (1) of regulation 3 the words "during the period beginning with the twenty-fourth day of August, nineteen hundred and thirty-nine, and ending with such day as the Governor may by order declare to be the day on which the emergency comes to an end" and substituting therefor the words "at any time after the enactment of Part VI of the Emergency (Principal) Regulations, 1949."; and
(b) as if for the definition of "land" therein contained there had been substituted the definition of "land" comained in Part 1 of these regulations.
PART VIL.
Miscellaneous Provisions.
82. (1) The competent authority, if he considers it desirable Inquiries. for the exercise of any of the powers under Part V and Part VI of these regulations that an inquiry should be held into any particular matter, may direct the holding of an inquiry into that matter by such person and at such place as the authority may determine.
(2) For the purposes of any inquiry held in pursuance of this regulation, the person appointed to hold the inquiry may by summons require any person to attend, at such time and place as is specified in the summons, to give evidence or fo produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined.
(3) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under this regulation, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he may be required to produce for the purpose of such an inquiry, shall be guilty of an offence against these regulations.
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814
I'ublicity of ontera.
notices.
THE HONG KONG GOVERNMENT GAZETTE.
83. (1) When any order or rule is made or direction given, the Governor or other authority making such order or rule or giving such direction shall cause notice of the effect of it to be given as soon as may be in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it, and such orders, rule or direction shall have effect as soon as notice as aforesaid has been given, without publication in the Gazette.
(2) Without prejudice to any special provisions con- tained in these regulations, a notice to be served on any person for the purposes of any of these regulations may be served by leaving at, or by sending it by post in a letter addressed to that person at, his last or usual place of abode or place of business.
Affixing of 84. Any authorized officer may, for the purpose of these regulations, affix any notice to, or cause any notice to be dis- played on, any premises, vehicle or vessel, and may, for the purpose of exercising any power conferred by this regulation, enter any premises at any time; and where any authorized officer affixes a notice, or causes a notice to be displayed, in pursuance of this regulation, no person other than an authorized officer shall remove, alter, deface or obliterate the notice.
Adinission
of
statements
85. (1) When any person is charged with any offence against these regulations, any statement, whether such statement
in evidence, amounts to a confession or not or is oral or in writing, made at any time, whether before or after such person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by such person to or in the hearing of any police officer of or above the rank of Inspector shall, notwithstanding anything to the contrary contained in any law applicable to the Colony, be admissible at his trial in evidence and, if such person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit :
Provided that no such statement shall be admissible or used as aforesaid-
(a) if the making of the statement appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the Court to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evit of a temporal nature in reference to the proceeding against him; or
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(b) in the case of a statement made by such person after his arrest, unless the Court is satisfied that, before making such statement,
a caution was administered to him in the following words or words to the like effect: "It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence at your trial",
(2) Notwithstanding anything to the contrary contained in any law applicable to the Colony a person accused of an offence to which sub-regulation (1) of this regulation applies shall not be bound to answer any questions relating to such case after any such caution as aforesaid has been administered to him.
(3) This regulation shall apply in relation to any person tried after the commencement of these regulations whether or not the proceedings against such person were instituted and whether or not the relevant statements were made, before such commencement.
815
camera.
88. Notwithstanding anything to the contrary contained in Trials may any law applicable to the Colony, a Court may order that the bein whole or any part of any trial before it for any offence against these regulations shall take place in a closed court if it is satisfied that it is expedient in the interests of justice or of public order, safety or security so to do.
possession
authority.
87. (1) Any article coming into the possession of an executive Disposal of authority (whether in consequence of the seizure of the article articles in under any of these regulations or otherwise) which the authority of has reasonable grounds for believing to be evidence of the com- executive mission of an offence against these regulations, may be retained for a period of one month or, if within that period there are commenced proceedings in respect of such an offence in which the article is, or can properly be, adduced in evidence, or proceedings under the following provisions of this regulation in respect of the article, until the final determination of those proceedings; and any article retained by virtue of this regulation is hereafter in this regulation referred to as "a retained article". (2) Where proceedings are taken in respect of an offence against these regulations, being proceedings in which a retained article is, or can properly be, adduced in evidence, the court or magistrate by or before which or whom the alleged offender is tried may make an order-
article; or
(a) authorizing the destruction or disposal of the
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THE HONG KONG GOVERNMENT GAZETTE.
(b) authorizing the further retention of the article until such date as may be specified in the order;
and any such order authorizing the destruction of a document may be made so as to extend to all copies of that document which at the time of the making of the order are in, or which subsequently come into, the possession of an executive authority in any part of the Colony.
(3) Without prejudice to the operation of sub-regulation (2) of this regulation, a magistrate upon complaint made in respect of a retained article by an executive authority, may, after giving to the person (if any) claiming, or appearing to the magistrate, to be the owner of the article an opportunity of being heard, make such an order in respect of the article as is authorized by sub- regulation (2) of this regulation.
(4) A magistrate shall not make an order under this regulation unless he is satisfied that it is necessary or expedient so to do in the public interest.
(5) Where an order is made under this regulation authorizing the further retention of an article, sub-regulation (1) of this regulation shall, in relation to that article, have effect as if the period first mentioned in that sub-regulation were a period ending on the date until which the article is authorized by the order to be retained; and the making by a magistrate of such an order in respect of any article shall not be taken to preclude him or any other magistrate or the Supreme Court from sub- sequently exercising, in relation to that article, any jurisdiction conferred on such court or magistrate by sub-regulation (2) or sub-regulation (3) of this regulation.
(6) Where, in the course of any proceedings for an offence, an order is made under sub-regulation (2) of this re- gulation, the court hearing any appeal in the matter of those proceedings may vary or annul the order.
(7) Where an order is made under sub-regulation (3) of this regulation, any person aggrieved by the order who appeared on the hearing of the application in relation to which the order is made may appeal against the order to the Supreme Court, and for the purposes of this sub-regulation and of the enactments relating to such an appeal, a refusal to make an order shall be deemed to be an order.
SUPPLEMENT No. 2, DECEMBER 28, 1919.
(8) Where an order is made under this regulation authorizing the destruction or disposal of an article, the article shall not be destroyed or disposed of, as the case may be, until the final determination of the proceeding in which the order is
made.
817
of 1932.
(0) Subject to the preceding provisions of this regula- tion, section 43 of the Magistrate Ordinance, 1932, shall apply Ordinance to any article coming into the possession of an executive authority No. 41, which the authority has reasonable ground for believing to be evidence of the commission of an offence against these regulations as it applies to property coming into the possession of the police in the circumstances mentioned in that section, and, in relation to any such article, shall have effect as if the reference in that section to the police included a reference to an executive authority (whether a police officer or not).
(10) For the purposes of this regulation, any proceedings shall be deemed not to have been finally determined so long as there is pending any appeal in the matter of the proceedings, and an appeal in that matter shall be deemed to be pending during the ordinary time within which such an appeal may be lodged, and if such an appeal is duly lodged, the appeal shall be deemed to be pending until it is decided or withdrawn.
(11) For the purposes of this regulation, any authority, police officer or other person whatsoever having functions in con- nexion with the execution of these regulations shall be deemed to be an executive authority.
(12) Nothing in this regulation shall be taken to pre- judice any right to retain property which may exist in law apart from the provisions of this regulation.
88. (1) A competent authority may cause to be served upon Billeting. the occupier of any premises a written notice thereinafter referred to as "a billeting notice"), requiring the occupier of those premises to furnish therein, until further notice or during such period as may be specified in the billeting notice, according as that notice may direct, accommodation (by way of lodging or food or both, and either with or without attendance, according as the notice may direct) for such number of persons as may be so specified, being either persons in the service of the Crown or other persons in respect of whom the competent authority shall have received the direction of the Governor requiring that such accommodation shall be found for such other persons. Every billeting notice must,
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THE HONG KONG GOVERNMENT GAZETTE.
Postal services.
Orders for the opening or closing of premises.
in order to be of any effect for the purposes of this regulation, define the persons for whom accommodation is required by the
notice.
any
(2) The lodging or food to be furnished in accordance with a billeting notice, and the price to be paid in respect of accommodation so furnished in any premises shall be such, and shall be paid to the occupier of the premises by such authority, as may be determined by order of the Governor.
(3) If the occupier of any premises feels aggrieved by the requirements of any billeting notice, he may, within fourteen days from the beginning of the day on which the notice is served on him, complain to a magistrate, and thereupon the magistrate, if satisfied that the furnishing of accommodation in accordance with the notice would otherwise impose an undue burden upon the occupier, may by order annul the notice or direct that it shall have effect subject to such modifications as may be specified in the order.
(4) Any person who contravenes any notice served under this regulation shall be guilty of an offence against these regulations.
89. The Governor, if it appears to him to be necessary or expedient so to do in the public interest, may by order direct the closing of all or any Post Offices, or the suspension of all or any services provided by the postal administration at all or any Post Offices.
90. (1) The Governor may by order-
(a) if it appears to him to be necessary or expedient so to do in the public interest, require that the proprietors and managers of shops or businesses generally, or any class of shops or businesses, or of any specified shops or businesses, which he may have reason to believe to have been closed in pursuance of any organized or general closure of business shall, either throughout the Colony or any portion thereof, open and carry on business as usual;
(b) if it appears to him to be necessary or expedient so to do in the public interest require the occupiers of premises of any specified class or description or of any specified premises throughout the Colony or any portion thereof, to close and keep the same closed for such period as may be specified, together with any gates or other openings leading thereto.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(2) Any person who contravenes any order under this regulation shall be guilty of an offence against these regulations.
91. The Governor may, if he considers it necessary or expedient in the public interest by order prohibit-
819
Power to prohibit the sale, purchase
or use of
receiving appara-
(a) the sale and purchase of any wireless receiving apparatus to and by such persons, as may be specified in such wireless order;
(b) the use of such apparatuses either generally or at such places or by such persons, as may be specified in such order:
(c) the receiving of broadcasts emitting from any area or station, as may be specified in such order.
tuses.
service.
92. (1) The Governor may by order make provision for Telephone restricting the use of the telephone service to such persons or classes of persons as he may think fit or for regulating or imposing conditions on the use of telephone service, and any such order may further make provision for the enforcement there- of by authorizing the removal or disconnection of telephone lines or apparatus and of the entry on property for that purpose or otherwise.
(2) Any person who shall contravene any order made under sub-regulation (1) or any condition imposed by any such order shall be guilty of an offence against these regulations.
93. (1) The Commissioner of Police may direct the owner Display of or person having the control or management of any establish- certain
ment-
notices by certain
establish-
(a) to display for such period as may be specified ments. by the Commissioner of Police, in a conspicuous place on or by the door of or entrance to such establishment, an "out of Bounds" notice of such wording in such language and in lettering of such size as may be so specified, indicating that the premises are out of hounds to all or any members of all or any of His Majesty's regular forces, or local naval, military or air force, corps or re- serve and the Police Force; or
(b) to remove and keep removed, for such period as may be specified by the Commissioner of Police, any notice which may be displayed on or near the premises of such establishment and indicating or tending to indicate that the premises are in bounds to all or any members of all or any of His Majesty's regular forces or local naval, military or air force, corps or reserve and the Police Force.
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Prohibition
etc of a ing liquor.
of intoxicat.
Identifica- tion.
THE HONG KONG GOVERNMENT GAZETTE.
(2) Any person who contravenes a direction given under sub-regulation (1) shall be guilty of an offence against these regulations.
(3) In this regulation "establishment" means any hotel, boarding house, pension, hostel, hospice, lodging-house, restaurant, cafe, coffee-house, tea-room, bar, buffet, club, canteen or other similar place where lodging is supplied or food or drink is prepared for sale or sold for human consumption.
94. (1) The Governor may by order prohibit, restrict, or regulate the sale of intoxicating liquor to members of His Majesty's regular forces, or any local naval, military or air force, corps or reserve and the Police Force and, without prejudice to the generality of this power, any such order may be made as respects-
(a) the sale of any description of intoxicating liquor or of intoxicating liquor generally;
(b) the sale for consumption on premises or for con- sumption off premises;
(c) the sale at licensed premises generally or at licensed premises in any specified area or at any specified licensed premises;
(d) the sale to members of His Majesty's regular forces or any local naval, military or air force, corps or reserve and the Police Force generally or to any class of members of His Majesty's Forces and the Police Force;
stances.
(e) the sale in any combination of such circum-
(2) Any person who contravenes any order under this regulation shall be guilty of an offence against these regulations.
95. Every person shall, when required so to do by any member of His Majesty's regular forces, or any local naval, mili- tary or air force, corps or reserve or any police officer acting in the course of his duty as such, give his correct name and address and produce such papers, if any, in his possession by which he can be identified to such member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, or any police officer;
and if he shall fail so to do he shall be guilty of an offence against these regulations.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
obtain
821
96. (1) Any person shalf, on being directed by or on behalf Power to of a competent authority so to do, furnish or produce to such informa- authority of person as may be specified in the direction, any such tion. information or article in his possession as may be so specified, being information or an article which the person giving the direc- tion considers to be necessary or expedient in the public interest to obtain or examine, and if any person contravenes any such direction, he shall be guilty of an offence against these regulations.
(2) A competent authority, any person authorized by him in that behalf, and any person having the custody of an article produced for examination in accordance with the provision of sub-regulation (1), may for the purposes of such examination open any vessel, box, crate, wrapper or other container in which the article may be: Provided that, where practicable, a container so opened shall be closed again after such examination and a mark shall be affixed thereto denoting that it has been opened for examination.
97. If any person-
(1) under any of the provisions of these regulations, or any order made under any of these regulations, makes any statements, or furnishes any information, recklessly or without belief in its truth; or
(b) makes such a statement as aforesaid in any account, declaration, estimate, return or other document which he is required by an order under any of these regulations to make; or
Ur
(c) in any application for a licence, permit or authoriza- tion required by any of these regulations or any order made under any of these regulations, makes such a statement furnishes any such information as aforesaid, or describes any article or goods incorrectly, insufficiently or in such a manner as to conceal or disguise the true nature or purpose thereof;
(d) in any receipt which he is required by or under any of these regulations or any order made thereunder to give for money, makes such a statement as aforesaid;
he shall be guilty of an offence against that regulation.
False
statements.
persons in
98. Any person in custody on suspicion of having com- Identifica- mitted an offence against these regulations, and any person tion of convicted of an offence against these regulations, may, without custody. prejudice to any other powers in that behalf, be photographed, measured, and examined, and may have his fingers and thumb
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822
Powers of entry and
search of premises, places. vehicles,
vessels or aircraft.
Special constables.
Ordinance No. 10 of 1886.
THE HONG KONG GOVERNMENT GAZETTE.
prints taken, by any police officer or in the case of the examina- tion of a woman by a woman under the direction of a police officer. The photographs to be taken may include a photograph of the full face, a photograph of the true profile and a full-length photograph. The measurements to be taken may include height when standing and the size and relative position of every scar and distinctive mark upon any part of the body. The examina tion to be made shall be any examination necessary for the pure pose of detecting any such scar and distinctive mark as afore- said. The finger and thumb prints to be taken may be of the external filament of the fingers and thumbs, or both the fingers and the thumbs, of either or both hands. A photograph taken in pursuance of this regulation shall not be published except for the purpose of tracing the person concerned, or shown to any person other than a police officer or an officer of the Govern- ment of Hong Kong or a member of His Majesty's regular forces, or local naval, military or air force, corps or reserve acting in the course of his duty as such, or a person authorized to see it by any of the aforesaid person so acting.
99. (1) Any authorized officer may enter or board any pre mises, place, vehicle, vessel or aircraft at any time, being premises or place, vehicle, vessel Or aircraft which he may have reason to suspect of being used, or having recently been used, for any purpose prejudicial to the public interest or in which he may suspect that there is any article, goods, document or thing liable to seizure under these regulations, and may search any such premises, place, vehicle, vessel or aircraft and any person therein or leaving the same.
(2) No woman shall be searched under this regulation except by a woman.
100. (1) The Governor may by order authorize the enrolment of any number of special constables for the purposes of these regulations in the manner provided in the Peace Preservation Ordinance, 1886, and the provisions of that Ordinance, with such modifications as may be necessary, shall apply to such enrolment.
(2) Every person enrolled or appointed as a special constable as from the date of his enrolment or appointment and until such enrolment or appointment shall be cancelled or determined by the Governor or some person authorized by the Governor, shall be deemed to have had and he shall have all the powers, privileges, protection and immunities mentioned or referred to in section 3 of the Peace Preservation Ordinance, 1886, but with the like exception as to pay and pension or other reward.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(3) Every such special constable shall while so enrolled
or appointed be subject to the orders of the Governor, the Com- missioner of Police or any officer of Police of or above the rank of Sub-Inspector and any other person authorized by the Governor or the Commissioner of Police to act in that behalf.
(4) Every such special constable shall from the date of his enrolment or appointment be deemed to have been subject to punishment, as mentioned in section 5 of the Peace Preservation Ordinance, 1886, for refusal or neglect, without reasonable excuse, to serve or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office.
On
823
101. No person who obtains any information by virtue of Restriction these regulations shall, otherwise than in connexion with the closing execution of these regulations or of an order, rule or by-law made informa- under these regulations, disclose that information except with permission granted by the Governor.
tion.
etc.
102. (1) Any person claiming to be the holder of any licence Licences. or permit granted or issued for the purposes of any of these Permits. regulations shall, on demand made in that behalf by any police officer or by any authorized officer, produce the licence or permit. as the case may be, to the person making the demand.
(2) Any licence or permit granted for the purposes of any of these regulations may contain such conditions as the authority or person granting it may think necessary or expedient and such licence or permit may be revoked by him at any time.
انه
licences, etc.
103. There may be charged in respect of the grant, renewal or Fees for issue of any licence, permit or other document for the purposes any of these regulations, or any order made under any of these regulations, such fee as the Governor may by order determine.
of
104. Where any work is done in the exercise of powers con- Recovery ferred by any of these regulations, then, if and so far as the work expenses. was work which, apart from the provisions of these regulations, some person was under a duty to do or might have been required to do but which he had failed without reasonable excuse to do, the amount of any expenses reasonably incurred in connexion with the doing of the said work shall be a debt due from that person to the Crown.
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Power of Governor to order use of
THE HONG KONG GOVERNMENT GAZETTE.
may,
105. (1) Without prejudice to the provisions of the Prisons Ordinance, 1932, and the rules made thereunder, the Governor if he considers it necessary or expedient in the public interest, for certain order the employment and use, anywhere outside the prison, of prisoners in such health and sanitary services as he may specify in writing.
prisoners
purposes.
Ordinance No. 38 of 1932.
Powers to disperse assemblies.
Revocation and variations
of orders, etc.
Powers of Governor.
(2) For the better carrying out of the provisions of sub- regulation (1), the Governor may order-
(a) that such prisoners be secured either singly or together in such manner and by such means as may be necessary in order to prevent their escape from legal custody;
(b) that such prisoners be employed under the control of prison officers or such persons as the Governor may Prisoners so specify (hereinafter called "specified guards"). employed shall be deemed to be in the legal custody of such specified guards, who shall exercise over such prisoners all the powers, duties, privileges and functions of prison officers including the use of lethal weapons against any prisoner escaping Provided that or attempting to escape from legal custody: resort shall not be had to the use of any such weapons unless a specified guard has reasonable grounds to believe that he cannot otherwise prevent the escape.
106. (1) Whenever any order has been made by the Governor applying this regulation to the Colony or any part thereof any assembly or meeting of five or more persons in any place in the Colony or in any part thereof, as the case may be, may be ordered to disperse by any authorized officer.
(2) Any such authorized officer may use such force as may be necessary to disperse any such assembly.
107. Any power conferred by any of these regulations to make any order or regulations shall be construed as including a power, exercisable in the like manner and subject to the like conditions, if any, to revoke or vary the order or regulations.
108. The powers conferred by these regulations shall be in addition to and not in derogation of any other rights or powers vested in the Governor, or conferred by law on any authority or
person.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
PART VII.
Special Offences and penalties.
825
109. (1) Any person who, not being a member of His Injury to Majesty's regular forces or local naval, military or air force, property. corps or reserve or of the Police Force acting in the course of his duty as such-
(4) injures, or does any act calculated to injure or prevent the proper use or working of, any public building, rail- way, canal, bridge, road, tramway, vehicle, telegraphic or tele- phone line or wireless apparatus, cable or plant, mine, shop, factory, waterworks, electrical generating station, or any works or plant used or adapted for use for the production supply, storage, or transport of food, fuel, munitions, water, light, heat, or power;
ог
(b) approaches, or is in the neighbourhood of, or enters, any such place or property as aforesaid with intent to do injury thereto,
shall be guilty of an offence against these regulations unless he proves that he was acting by lawful authority or on a lawful occasion.
(2) For the purposes of paragraph (b) of sub-regulation (1), a person shall be deemed to have the intent to do injury as described in the said sub-regulation if by reason of his being in possession of any explosive or incendiary article or lethal weapon or dangerous missile, or otherwise from the circumstances of the case, or his conduct, the Court is of opinion that his purpose was to do such injury.
110. Any person who shall-
Inter- ference with His
(a) do any act having reasonable cause to believe that Majesty's it will be likely to prevent or interfere with the performance of Force, their duties by members of His Majesty's regular forces or any etc. local naval, military or air force, corps or reserve or of the Police Force or the carrying on of their work by persons engaged in the performance of essential services; or
(b) do, in relation to any person whom he knows to be
a member of His Majesty's regular forces or any local navai, military or air force, corps or reserve, or of the Police Force or to be a person engaged in the performance of essential services, any act with intent thereby to render him incapable
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THE HONG KONG GOVERNMENT GAZETTE.
Misleading acts and misrepre- sentation.
Obstruc- tion.
of efficiently performing his duties as such or, as the case may be, efficiently carrying on his work as a person so engaged, shall be guilty of an offence against these regulations.
111. (1) Any person who shall-
(a) do any act calculated falsely to suggest that he or any other person is or is not acting (either generally or in a particular capacity) in the service, or on behalf, of the Crown, on of a foreign Government, or as a member of the Police Force or of a fire brigade, or in the service, or on behalf of, an under- taking engaged in the performance of essential services; or
(b) do, in relation to any property, any act calculated falsely to suggest that the property does or does not belong to, or is or is not in the possession or under the control of, the Crown, or has or has not been classified, selected or appropriated on behall of the Crown for any particular purpose; or
(c) do any act whereby there are communicated, or likely to be communicated, to the public or to any section thereof any directions, instructions or information falsely purporting to be duly issued or given for purposes connected with the public interest; or
(d) make any alarm signal otherwise than for the purpose for which, or otherwise than in the circumstances in which, the making of that signal is authorized by or on behalf of the Governor, or do any act, or make any statement, having reasonable cause to believe that the act or statement is likely to result in such a signal being made otherwise than for that purpose or otherwise than in those circumstances, or do any act having reasonable cause to believe that the act is likely to be mistaken for the making of such a signal; or
(e) do any act, or make any statement, having reasonable cause to believe that the act or statement is likely to mislead any person in the discharge of any lawful functions in connection with the public interest,
shall be guilty of an offence against these regulations.
(2) In this regulation the expression alarm signal" means any signal authorized by or on behalf of the Governor to be used for any purpose connected with the public interest.
112. Any person who obstructs any member of His Majesty's regular forces or any local naval, military or air force, corps or reserve or any police officer acting in the course of his duty as
SUPPLEMENT No. 2, DECEMBER 28, 1949.
such, or any person exercising any powers or performing any duties conferred or imposed on him by these regulations or any orders, directions, requirements or notices thereunder or otherwise discharging any lawful functions in connection with the public interest shall be guilty of an offence against these regulations.
827
possession
113. (1) Any person who, without lawful authority or Unlawful reasonable excuse, the burden of proof of which shall lie upon of and him, shall-
dealing with armi, etc.. (a) detain, buy, exchange or receive, from any
belonging member of His Majesty's regular forces or local naval, military to military or air force, corps or reserve or of the Police Force or from any or police deserter from any such forces or from any person acting for or on behalf of any of the persons aforesaid; or
(b) solicit or entice any of the said persons to sell, make away with, or dispose of; or
(c) be employed by any of the said persons. knowing him to belong to one or other of such forces or to be a deserter from any of such forces, to sell, make away with, or dispose of; or
(d) detain, sell, exchange, hand over, make away with, receive or have in his possession,
any arms, ammunition, explosives, clothing, accoutrements, medals or other appointments, furnished for the use of any of the said forces or any chattel being the property of His Majesty's Government in the United Kingdom or the Government of Hong Kong or any Department of either of such Governments, or any chattel which has been in the supply of, or which has been imported into the Colony, for the use of, the Navy, Army or Air Force Institutes, shall be guilty of an offence against these regulations.
forces.
from
114. Any person who shall escape from any custody in which Escape he is lawfully held shall be guilty of an offence against these custody.
regulations.
of
115. (1) The Governor may, if he considers it in the public Prohibition interest so to do, by order prohibit the manufacture, sale, use, uniforms, display or possession of any flag, banner, badge, emblem, device, emblems, uniform or distinctive dress.
(2) Any person contravening any provision of an order made under this regulation shall be guilty of an offence against these regulations.
etc.
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Possession
and carrying of arms, ammuni- tion, and explosive substance.
Offensive weapons.
Consorting
with person
carrying
THE HONG KONG GOVERNMENT GAZETTE.
(3) Any article in respect of which an offence has been committed under this regulation may be seized and destroyed or otherwise dealt with as the Governor may direct, whether or not the identity of the offender is known and whether or not any prosecution has been commenced in respect of the offence.
arms.
116. (1) Any person who without lawful authority is in possession of
ammunition or explosive substance in such quantities or in such circumstances as to fead a reasonable man to infer that he is trafficking therein or intends to use them himself or intends them to be used by others shall be guilty of an offence against these regulations and shall on conviction on indictment be liable to imprisonment for life.
(2) Any person who without lawful authority carries arms, ammunition or explosive substance shall be guilty of an offence against these regulations and shall on conviction on indictment be liable to imprisonment for life:
Provided that no person shall be convicted of an offence against this regulation if the evidence of his having committed such offence consists solely of evidence that a search of his person discovered the presence of arms, ammunition or explosive sub-
stance thereon.
117. Any person who carries or has in his possession or under his control any offensive weapon or any instrument capable of being used as an offensive weapon, not being a fire-arm, in circumstances which raise a reasonable presumption that he has used or intends or is about to use such weapon or instrument for any unlawful purpose shall be guilty of an offence and shall be liable to imprisonment for ten years.
118. (1) Any person who consorts with or is found in the company of another person who without lawful authority is or having carrying or has in his possession arms, ammunition or explosive possession
substance in circumstances which raise a reasonable presumption that he intends to or is about to act with, or has recently acted with, such other person in a manner prejudical to the public interest, shall be guilty of an offence and shall be liable to im- prisonment for ten years.
of arms, ammuni. tion or explosive substance.
(2) Where, in any prosecution for an offence under this regulation, it is established to the satisfaction of the Court that the accused person was consorting with or in the company of any person carrying or having possession of any arms, ammunition or explosive substance, it shall be presumed, until the contrary
SUPPLEMENT No. 2, DECEMBER 28, 1949.
is proved, that such last mentioned person was carrying or in possession of such arms, ammunition or explosive substance without lawful authority.
829
to report
119. (1) Any person who, knowing or having reasonable Failure cause to believe that another person without lawful authority offence of is carrying or has in his possession any arms, ammunition or carrying explosive substance, fails to report the same to a police officer possessing at the earliest possible opportunity, shall be guilty of an offence arms, against these regulations.
or
ammuni- tion or explosive
(2) Where any person is charged with an offence substance. against sub-regulation (1) of this regulation, the burden of proving that there was no opportunity of making a report to a police officer, or that such a report was, in fact, made at the earliest possible opportunity, shall lie on the accused.
with or
120. (1) Any person who consorts with or harbours any Consorting other person whom he knows or has reasonable grounds for be- harbouring lieving to be a person who intends to or is about to act or who persons has recently acted in a manner prejudicial to the public interest, shall be guilty of an offence against these regulations,
(2) For the purposes of this regulation the fact that a person is wearing an unauthorized uniform shall be deemed to constitute reasonable grounds for believing that he intends to act in a manner prejudicial to the public interest.
(3) For the purposes of this regulation-
"harbour" includes the supplying a person with shelter, food, drink, money, clothes, or means of conveyance, or assisting a person in any way to evade apprehension;
"unauthorized uniform" means any uniform pro- hibited by order under regulation 115 hereof or under section 3 of the Public Order Ordinance, 1948.
un-
wearing
authorized uniforms,
etc.
Ordinance No. 59 of 1948.
fire-arm
121. Any person who is drunk, or who behaves in a disorderly Carrying a manner, while carrying a fire-arm shall be guilty of an offence while and shall be liable to a tine of one thousand dollars and to drunk or imprisonment for six months.
122. (1) The Governor may by order-
(a) prohibit, restrict or regulate the buying, selling or otherwise dealing in arms, ammunition or explosive substance in the Colony or in any area of the Colony specified in the order;
disorderly.
Fire-arms,
etc.
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Ordinance No. 2 of 1933.
of
THE HONG KONG GOVERNMENT GAZETTE.
(b) direct all persons having in their possession or custody in the area specified in the order any arms, ammunition or explosive substance to keep the same in places approved in accordance with the order;
(c) cancel or suspend any licence issued under section 3 of the Arms and Ammunition Ordinance, 1933, or any licence to carry or use a firearm issued under that Ordinance or direct that any such licence shall have effect subject to such con- ditions as may be specified in the order.
(2) Any person who contravenes any order made under sub-regulation (1) shall be guilty of an offence against these regulations.
Prohibition 123. No person shall manufacture any explosive substance
explosive
except under and in accordance with the terms and conditions of substances. a permit granted by the Commissioner of Police, and if any person manufactures any explosive substance in contravention of this prohibition, he shall be guilty of an offence against these regula- tions.
Certain
offences
in closed,
protected, damaged
124. If in any closed area or protected place or in any area which at any time after the coming into force of these regulations has been destroyed or damaged by any means whatsoever or subjected to an attack by the enemy or of which any evacuation has been or shall be ordered under section 11 of the Public Order punishable Ordinance, 1948, any person--
or
evacuated
areas to be
with life imprison- ment.
Ordinance No. 59 of 1948.
Ordinance No. 32 of 1935.
Ordinance No. 6 of 1965.
Inter- ference with and damage to communica- tions, etc.
(a) commits any offence punishable under sub-sections (2) and (3) of section 40 of the Larceny Ordinance, 1935, or
(b) steals any article from any premises destroyed or damaged or vacated for the purpose of complying with such an evacuation order as aforesaid or any article left exposed or unprotected in consequence of such destruction; or
(c) commits an offence against any provision of the Malicious Damage Ordinance, 1865; or
(d) endeavours to force a safeguard;
shall be guilty of an offence against these regulations and shail on conviction on indictment be liable to imprisonment for life. 125. Any person who, not being a member of His Majesty's regular forces or any local naval, military or air force, corps or reserve or a police officer or an authorized officer acting in the course of his duty as such-
SELAIN
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(a) interferes with the working or use of
any harbour, railway, tramway, waterway, road, track, power station, transmission line or any works or plant used or adapted for use for the production, supply, storage or transport of water or fuel;
(b) damages or interferes with any material or property. forming part of, or connected with, any harbour, railway, tram- way, waterway, road, track, power station or transmission line, or forming part of, or connected with, any works or plant used or adapted for use for the production, supply, storage or transport of water or fuel:
(c) damages or interferes with any telegraph or telephone line or apparatus or any wireless telegraph or telephone installation or any other means of communication; or (d) damages or interferes with any aircraft, air- craft material, aerodrome, landing ground or mooring; or
(e) does any act or is guilty of any omission cal- culated to obstruct or to endanger the safety of any vessel, air- craft, vehicle, locomotive or railway train;
shall be guilty of an offence against these regulations unless he proves that he was acting by lawful authority or on a lawful
occasion.
in
831
128. (1) The Governor in Council shall have power by order Power of to proscribe any organization in the Colony which, in the opinion Governor of the Governor in Council, is an organization which has among Council to its aims, or is being used for, the spread of sedition or the proscribe promotion of a general strike, or of disorder of any kind, with- tion. in the Colony.
(2) Any person who shall do any act in furtherance of the objects of any such proscribed organization shall be guilty of an offence against these regulations.
(3) Any person who shall without lawful authority or excuse have in his possession any badge, ticket document, or any other thing whatsoever, which
purports to have been, or which appears to have been, issued by any such proscribed organization, whether before or after such proscrip- tion, or which purports to be, or which appears to be, or which appears to be intended as, evidence of membership of, or any authority from, or any association with, any such proscribed organization shall be guilty of an offence against these regula-
tions.
organiza-
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Meetings.
Trespass- ing and loitering.
THE HONG KONG GOVERNMENT GAZETTE.
(4) Any person who does any act in furtherance of the spread of sedition or the promotion of a general strike, or ot disorder of any kind, within the Colony shall be guilty of an offence against these regulations.
(5) It shall be lawful for any police officer to seize anything whatsoever which may appear to belong to, or to be connected with, or to be intended to be used for the purpose of, any proscribed organization, and it shall be lawful for a magistrate, upon such notice (if any) as he shall tlánk fit, to order any such thing to be forfeited. Anything so forfeited shall be disposed of in such manner as the Commissioner of Police may direct.
127. (1) The Commissioner of Police, if satisfied, with respect to any area in this Colony, that the holding of any meeting or of any class of meetings in that area would be likely to cause a disturbance of public order or interfere with the provision or maintenance of supplies and services essential to the life of the community, may by order prohibit, for such period as may be specified in the order, the holding in that area of any meeting or meetings of that class, as the case may be.
(2) Any police officer or member of His Majesty's regular forces or local naval, military or air force, corps or reserve may take such steps, and use such force, as may be reasonably necessary for securing compliance with any order made or directions given under this regulation.
(3) Any person who organises, conducts, or takes part in any meeting the holding of which has been prohibited by an order under this regulation shall be guilty of an offence against these regulations.
(4) It shall not be necessary to publish in the Gazette an order under this regulation but publication of such order shall be made by such means as in the opinion of the Commissioner of Police will, in the circumstances prevailing, most effectively give publicity to any such order.
128. (1) No person shall-
(a) trespass on, or on premises in the vicinity of, any premises to which this regulation applies; or
(b) unlawfully enter or board any vehicle, vessel or aircraft used or appropriated for any of the purposes of His Majesty's service or trespass on any premises in the vicinity of any such vehicle, vessel or aircraft;
SUPPLEMENT No. 2, DECEMBER 28, 1949.
and any person acting in contravention of this regulation or being found on any vehicle, vessel or aircraft on any occasion on which he had entered or hoarded it in contravention of this regulation shall be guilty of an offence against these regulations and, without prejudice to any proceedings which might be taken against him, he may be searched by any member of His Majesty's regular forces or any local naval, military or air force, corps or reserve or by any police officer and may be removed by such member of officer from the premises or from the vehicle, vessel or aircraft, as the case may be.
(2) Any person who shall, for any purpose prejudicial to the public interest be in, or in the vicinity of, any premises to which this regulation applies, or any such vehicle, vessel or aircraft as aforesaid, shall be guilty of an offence against these regulations; and where, in any proceedings taken against a person by virtue of this sub-regulation it is proved that at the material time he was present in, or in the vicinity of, the premises, vehicle, vessel or aircraft concerned, the prosecution may thereupon adduce such evidence of the character of such person (including evidence of his having been previously convicted of any offence) as tends to show that he was so present for any such purpose.
(3) Any person who loiters in the vicinity of any premises to which this regulation applies, or any such vehicle, vessel or aircraft as aforesaid, and who continues to loiter in that vicinity after having been requested by a member of His Majesty's regular forces or any local naval, military or air force, corps or reserve or a police officer to leave it, shall be guilty of an offence against these regulations, and may be searched by any such member.
(4) Nothing in this regulation shall authorize the search of a woman except by a woman.
(5) The premises to whic!, this regulation applies are premises used or appropriated-
(a) for any of the purposes of His Majesty's
service; or
thy for the performanes of any essential service,
129. (0) No person shall do any act with intent to impair the Sabotage. efficiency or impede the working or movement of Vessel.
any aircraft, vehicle, machinery, apparatus or other thing used or intended to be used in His Majesty's service or in the performance of essential services, or to impair the usefulness of any works, structure or premises used or intended to be used as aforesaid :
838
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Seduction from duty,
disaffection and propa- ganda.
Offences by corpora- tions.
Alteration and improper use of licences and permits.
THE HONG KONG GOVERNMENT GAZETTE.
Provided that a person shall not be guilty of an offence against this regulation by reason only of his taking part in, or peacefully persuading any other person to take part in, a strike.
(2) The preceding provisions of this regulation shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to the public or to any person, to do, as they apply in relation to the doing of any act by a person.
(3) Any person convicted on indictment of an offence against this regulation shall be liable to a fine of ten thousand dollars and to imprisonment for ten years.
130. (1) Any person who-
(a) endeavours to seduce from his duty any member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve or any person engaged in the per- formance of essential services or to cause among such persons disaffection likely to lead to breaches of their duty;
or
(b) endeavours, whether orally or otherwise, to influence public opinion (whether in the Colony or elsewhere) in a manner likely to be prejudicial to the public interest; or
(c) does any act, or has any article in his possession, with a view to making, or facilitating the making of, any such endeavour;
shall be guilty of an offence against these regulations.
(2) A prosecution for an offence under this regulation shall not be instituted except with the consent of the Attorney General.
131. Where a person convicted of an offence against any of these regulations is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
132. If, with intent to deceive, any person alters or uses, or lends to, or allows to be used by any other person, a licence or permit granted or issued for the purposes of any of these re- gulations, or makes or has in his possession any document so
SUPPLEMENT No. 2, DECEMBER 28, 1949.
closely resembling such a licence or permit as to be calculated to deceive, he shall be guilty of an offence against these regula- tions.
835
commit an
133. A provision which constitutes or results in the con- Attempt to stitution of an offence shall be deemed to include a provision offence to that an attempt to commit or the doing of any act preparatory to be deemed the commission of such offence shall itself constitute an offence an offence. which may be dealt with and punished in like manner as if the offence had been committed ; Provided that if any offence is punishable with death an attempt to commit or the doing of any act preparatory to the commission of such an offence shall not be punishable with any greater punishment than life imprison-
ment.
134. Nothing in these regulations shall affect the liability of Liability any person to trial and punishment for any offence otherwise for than in accordance with these regulations:
Provided that no person shall be punished twice for the same act or omission.
offences.
where
135. For the avoidance of doubt it is hereby declared that, Obtaining where possession of any property or thing, or possession thereof possession, in specified circumstances, is an offence against these regulations, possession the obtaining of possession, or the obtaining of possession in is an those circumstances, of that property or thing shall also constitute that offence.
offence.
138. (1) Any person who contravenes or fails to comply with General any of these regulations, or any order or rule made under any of penalties. these regulations or any direction given or requirement imposed under any of these regulations, shall be guilty of an offence against these regulations; and, subject to any special provisions contained in these regulations, a person guilty of an offence against any of these regulations shall -
(a) on summary conviction, be liable to a fine of five thousand dollars and to imprisonment for two years; or
(b) on conviction on indictment, be liable to a fine of ten thousand dollars and to imprisonment for five years,
(2) Where any offence against these regulations shall have been committed, whether any person shali have been con- victed in respect thereof or not, it shall be lawful for the Court or Magistrate to order to be forfeited to the Crown any article
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THE HONG KONG GOVERNMENT GAZETTE.
Repeal.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
SCHEDULE.
in respect of which such offence has been committed and upon the making of any such order of forfeiture the said article shall become the property of the Crown free from all rights of any person. Before making any such order the Court or Magistrate shall give to any person claiming or appearing to the Court or Magistrate to be the owner of or otherwise interested in soch article an opportunity of being heard :
Provided that it shall be lawful for the Governor in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.
PART IX
Commercement.
137. (1) These regulations shall not come into operation save and except at the time and in the manner hereinafter mentioned.
(2) The Governor may by order notification of which shall be given in the Gazelle declare that these regulations or such part or parts thereof or such regulations or regulation as he may by such order specify shall come into operation and upon publication of such notification in the Gaselte die regulations or such part or parts thereof or such regulations or regulation as may be specified shall come into operation.
(3) It shall be lawful for the Governor in making any such declaration as aforesaid-
(a) if the declaration relates to the whole of these regulations to declare that any part or parts thereof or any regulation or sub-regulation shall not come into operation; and
(b) if the declaration relates to any part or parts thereof to declare that any regulation or sub-regulation included in such part or parts shall not come into operation; and
(c) if the declaration relates to any regulation to declare that any sub-regulation thereof shall not come into operation.
PART X Repeal.
138. The regulations made under section 2 of the Ordinance and specified in the Schedule to these regulations shall be and are hereby repealed.
ľ
Regulations made under section 2 of the Emergency Regulations Ordinance, 1922, and published in the Gazette as:
Government Notification No. 775 of the 7th October, 1938 Government Notification No. 704 of the 12th October, 1938
Government Notification No. 798 of the 14th October, 1958 Government Notification No. 288 of the 14th April, 1939 Government Notification No. 324 of the 21st April, 1959 Government Notification No. 622 of the 4th August, 1939 Government Notification No. 743 of the 20th June, 1940 Government Notification No, 994 of the 6th September, 1940.
COUNCIL CHAMBER,
28th December, 1999.
D. R. HOLMES,
Acting Clerk of Councils.
EXPLANATORY NOTE.
21
1. Emergency powers are 01 present conferred by number of regulations made under the Emergency Regulations Ordinance, 1922, and by Defence Regulations, 1940, in force for special purposes. It is desirable to provide more comprehen- sive emergency powers and to re-define the purposes for which they may be used. This has been effected by the Emergency (Principal) Regulations, 1949, which repeal a number of similar regulations made prior to the Pacific War under the Emergency Regulations Ordinance, 1922.
2. Special attention is invited to Part 1X of such Regulations which provides (regulation 137) that the Regulations shall not come into operation until the Governor by Order so declares and which, alternatively, empowers the Governor to bring into force such of the Regulations as may from time to time be required.
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THE HONG KONG GOVERNMENT GAZETTE.
3. It is also to he noted that nearly all of the Regulations are enabling in nature ie. they do not, of themselves, impose immediate duties or prohibitions. For this reason actual opera- tion of powers afforded by the Regulations will, even after they are brought into force, be dependent on the making of Orders or the exercise of discretions by the Governor or the respective authorities named in or appointed under the Regulations as and when necessity occurs and only to the extent that necessity requires.
4. The regulations have been divided into parts and placed under headings to assist reference and application of them but it has not been possible in all cases to adhere rigidly to this principle. A list, which is attached to this Note, should serve to assist authorities who have duties to perform under the Regulations and the general public. It suffices, for the purpose of this Note, to invite particular attention only to specific provisions of the Regulations, as follows:-
PART 1-Introduction.
5. Regulation 2 contains definitions usually found in similar regulations. Attention, however, is drawn to the definitions
of-
6.
"area";
"Attorney General";
"enemy";
"explosive substance";
"newspaper**;
"pamphlet";
"safeguard";
"supplies and services";
"unlawful publication".
PART 11-Censorship and Control of Publications
and means of Communication.
Regulation 7 empowers a competent authority to prohibit not only the importation or exportation, or the printing or publishing of any particular publication but also any publication of a particular kind or character. It is of interest to note that as regards a "periodical publication", the prohibition extends to future issues only unless the order prohibiting the same or a subsequent order states otherwise.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
7. Regulations & and 9 contain wide powers of examination of postal packets, telegrams, printed or written matter and packages.
8. Regulations 11 and 12 provide powers for censorship on travellers and the examination of consignments.
Ռ. Regulations 13 to 20 have been designed to provide for greater control (necessary in emergency) of newspapers, printers, publishers and owners of printing presses.
10. Regulations 25 to 27 contain provision designed to minimize breaches of the peace, and the dissemination of false reports,
11. Regulation 28 is designed to prevent the intimidation of witnesses.
PART III-Arrest, Detention, Exclusion and Deportation.
12. Regulations 29 to 41 provide measures in aid of internal security of the Colony. Regulation 31 gives the Colonial Secretary wide powers of detention, but provides a safeguard in that a person detained may object to a Committee of Review against the detention order made against him.
13. Regulation 33 empowers the Governor, in certain circum- stances, to order the inhabitants of certain arcas to be detained and to leave and remain out of the Colony. The power of expulsion, however, cannot be exercised against a British sub- ject born in the Colony. Regulation 39 has been inserted to expedite disciplinary action against any public officer against whom an order under this Part has been made.
14. Regulation 37 vests the Commissioner of Police with powers to impose restrictions against persons in respect of various matters and things and by Regulation 38 he may by order direct that a person be placed under supervision for any period not exceeding one year.
PART IV-Control of harbours, ports and territorial
waters of the Colony etc.
In
15. Regulations 42 10 56 provide powers necessary in emer- gency in regard to harbours, ports and territorial waters. particular Regulation 50 deals with the entry of as well as with the departure of ships and aircraft.
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THE HONG KONG GOVERNMENT GAZETTE.
16. Past experience has proved that it may be necessary, in certain circumstances, to refuse fuel, victuals or necessaries or the facility to effect repairs to ships and aircraft whilst in the Colony, Regulation $1 has been drafted to empower the Governor in the interest of public order and essential services to prohibit any such ship or aircraft to refuel, from taking in sup- plies or effecting repairs.
PART V-Transport.
17. Regulation 59 empowers the immobilisation mechanically propelled vessels and vehicles.
PART VI-Possession or control of properly.
undertaking or employment.
of
18. Regulations 66 and 67 provide powers for the requisi- tioning of land and chattels. With regard to the requisitioning of chattels it should be noted that (Regulation 67) chattels other than vehicles, vessels, excavators, cranes or agricultural machinery become, as soon as possession is taken in pursuance of the Regulation, the property of the Government of Hong Kong. On the other hand vehicles, vessels, excavators, cranes or agricultural machinery remain on hire and, in order to acquire any one of them. notice of acquisition has to be served.
19. Under regulation 79 a competent authority may by order sanction the commission of a nuisance and in such event a private complainant is deprived of his ordinary legal remedies but may apply for a variation or revocation of the order made.
PART VII-Miscellaneous Provisions.
20. Regulation 91 provides powers to deal with the danger to security which can be presented by wireless broadcasting.
21. Regulation 105 enables prisoners to be employed in an emergency in the maintenance of health and sanitary services.
PART VIII-Special offences and penalties.
22. Regulations 116, 118 and 120 provide special powers to combat violence and terrorism. Regulation 123 is to be noted. It contains a complete prohibition of the manufacture of explosive substance (as defined) except under a permit granted by the Commissioner of Police.
841
SUPPLEMENT No. 2, DECEMBER 28, 1949.
AUTHORITY TO EXERCISE POWERS.
Under the PROVISIONS OF THE EMERGENCY (PRINCIPAL) REGULATIONS, 1949,
SHOWN HEREUNDER.
Governor in Council.
The Governor.
Court.
Colonial Secretary.
Attorney General.
Commissioner of Police.
Postmaster General.
Censor.
Regulations 21, 32, 33, 83, 87, 107, 108, 126.
Regulations 3. 5. 10, 13, 15, 21, 23, 31, 33.
39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 55, 56, 57, 58, 59, 60, 61, 62, 64, 69, 70, 71, 72. 73, 74, 76, 77, 80, 83, 87, 88, 89, 90, 91, 92, 94, 100, 101, 103, 105, 106, 107, 108, 111, 115,
122.
Regulations 28, 83, 86, 87, 107, 108, 136.
Regulations 30, 31, 32, 33, 36, 40, 83, 87.
107, 108.
Regulation 130.
Regulations 34. 37, 38, 76, 83. 87, 93, 107, 108, 123, 126, 127-
Regulations 5. 9. 83, 87, 107, 108.
Regulations 5. 83. 87, 107, 108.
Competent Authority.
Regulations 6, 7, 8, 13, 14, 15, 16, 17, 19, 20. 21. 23. 24, 26, 45, 52, 54.
Clerk of Councils.
Accountant-General,
Authorized Officers,
Police Officer,
Member of H.M. Forces and or Immigration Officer.
63. 66, 67, 68, 72, 73, 74, 75,
78, 79, 82, 83. 87. 88, 96, 107,
108.
Regulations 32, 33. 83. 1o8. Regulation 67.
Regulations 8, 11. 12. 18, 20, 21, 23, 41. 42. 52. 63, 68, 83, 84, 87, 99, 102, 106, 107, 108,
Regulations 29, 30, 32, 33, 34, 35, 38, 40, 65. 66, 75, 76, 83, 87, 95, 98,
102, 107, 108, 126, 127, 128.
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842
Citation.
THE HONG KONG GOVERNMENT GAZETTE.
No. A. 278.
IMMIGRANTS CONTROL ORDINANCE, 1949.
REGULATIONS BY THE GOVERNOR IN Council.
In exercise of the powers conferred upon him by section 34 of the Immigrants Control Ordinance, 1949, and of all other powers thereunto him enabling His Excellency the Governor in Council has made the following regulations :-
REGULATIONS
1. These regulations may be cited as the Immigrants Control (Amendment) (No. 2) Regulations, 1949, and shall be read as one G.N. A. 53. with the Immigrants Control Regulations, 1949, hereinafter Gaz. Suppl. referred to as the principal regulations.
No. 2 of
18.3.49.
Revocation
And
of
replacement
regulation
15 of the
principal regulations.
2. Regulation 15 of the principal regulations is hereby revoked and replaced as follows :-
**Exemptions.
15. (1) Consuls de Carriere duly accredited to the Government of Hong Kong are exempted from the provisions of sections 24 and 25 of the Ordinance.
(2) Citizens of the Chinese Republic, if of Chinese race and if entering or leaving the Colony from or to a destination in such Republic, are exempted from the provisions of sections 18, 24 and 25 of the Ordinance :
Provided that-
(4) such persons be not wholly or partially attired in uniform; and
(b) such persons are not entering or leaving the Colony from or to Hainan or Taiwan."
COUNCIL CHAMBER,
28th December, 1949.
D. R. HOLMES,
Acting Clerk of Councils.
SUPPLEMENT No. 2, DECEMBER 30, 1949.
Explanatory Note.
Regulation 15 of the Immigrants Control Regulations, 1949, provided for exemptions from the provisions of sections 4, 18, 24, 25 and 28 of the Immigrants Control Ordinance in regard to citizens of the Chinese Republic of Chinese race, entering or leaving the Colony, from or to a destination in such Republic or in Macau.
2. The above regulations amend regulation 15 so as to make section. of the Ordinance relating to points of entry to the Colony applicable to all persons and to make all the provisions of the Ordinance applicable to Chinese seamen and Chinese attired wholly or partially in uniform and also to persons entering or leaving the Colony, from or to Hainan or Taiwan.
No. A. 279.
843
DEPARTMENT OF Supplies & DistriBUTION.
In exercise of the powers conferred upon me as a competent authority under Defence Regulation 50 of the Defence Regulations. 1940, KENNETH MYER ARTHUR BARNETT, Director of Supplies & Distribution, hereby add the following items to the schedule to the Price Control Order, 1946, published as Government Notification No. 237 of 12th July, 1946.
FOODSTUFFS.
MEAT CANNED.
Corned Beef--Hellaby's Brand
MOTOR VEHICLE INDICATORS.
(a) Ordinary size, any make, including normal exterior fitting with bracket and switch
(b) Supplying only. Ordinary size, any
make, with bracket and switch
(c) Large size for commercial vehicles, any make, including normal exterior fitting with bracket and switch (d) Supplying only. Large size for commercial vehicles, any make, with bracket and switch
Maximum Retail Price.
$ 160 per 12 oz tin
(0.00
40.00
$0.00
60.00
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THE HONG KONG GOVERNMENT GAZETTE.
AND amend the said schedule by deleting the following:-
FOODSTUFFS.
JAM.
Seville Orange Marmalade-Shirriff Brand
MARGARINE.
Harvest Brand
AND by substituting the following :-
Maximum Retail Price.
---
$ 7.00 per 4 lbs. tin
+++
1.35 per lb. sold loose
FOODSTUFFS.
MARGARINE.
Harvest Brand
++
1.25 per lb. sold loose
GIVEN under my hand at HONG KONG this 28th day of December, 1949.
K. M. A. BARNETT,
Director of Supplies & Distribution.
ERRATUM-The headings from pages 753 to 841 of this Supplement to read "December
30, 1949" instead of "December 28, 1949",
PRINTED AND Published By NORONHA & CO., LTD., GOVERNMENT PRINTERS & PUBLISHEM.
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Secretariat file No. 2/3011/46.
?.
va
No. 38
Sir,
GOVERNMENT HOUSE,
HONG KONG.
17th March, 1950.
14237/15/50
I have the honour to refer to your Savingram of 18th July, 1946, and to my despatch No.171 of 21st September, 1949, on the subject of emergency legislation, and to inform you that during the period 1st September, 1949 to 28th February, 1950, inclusive, the action for the requisitioning of premises formerly taken under Defence Regulations is now being taken under the Emergency (Requisition) Regulations, 1949, made under the Emergency Regulations Ordinance, 1922. A short report on the general position for the six months' period is contained in the following paragraphs.
The comprehensive emergency regulations referred to in paragraph 3 of my despatch No.171 of 21st September, 1949, were enacted on 28th December, 1949, and styled the Emergency (Principal) Regulations, 1949, but they have not yet been put into force. Under regulation 137, the Governor has power to bring these regulations into force by an order, notification of which shall be given in the Gazette, declaring that the regulations, or such part or parts thereof, or such regulation or regulations, shall come into operation. A number of orders and rules, etc. have been prepared under the said Regulations, and are being held in readiness.
2.
3.
For the same period under review, three other Emergency Regulations have been enacted under the Emergency Regulations Ordinance, 1922, and they are -
449
(1) The Emergency (Control of Ships and Aircraft) Regulations, 1949. These regulations empower the Governor (or person acting on his behalf), ir it appears to be necessary so to do in the public interest (as defined) to give direction prohibiting the entry or departure or the supply or repair of ships and aircraft.
(2) The Emergency (Royal Navy) Police Powers Regulations, 1949. The object of these regulations is to confer upon a Commissioned officer of the Royal Navy and of certain other naval forces or upon a midshipman if he is in command of the vessel, the powers vested by law in an Immigration Control Officer and in an Inspector of Police. As the exercise of these powers may render it necessary to stop and search vessels which may prove unwilling to comply an officer in command of a warship is authorized to fire at a vessel which fails to stop when lawfully required so to do.
(3) The Emergency (Anti-aircraft Gun Practice) Regulations, 1949. These regulations enable the Commander, i.e. the officer for the time being commanding the Royal Artillery, to order practice over the whole or any part of the Colony: Provided that when any person, vessel or aircraft is endangered by such practice all firing shall
cease.
THE RIGHT HONOURABLE
JAMES GRIFFITHS, M.P.
L
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4.
The Emergency (Principal) Regulations, 1949, which are not yet in force contain most of the provisions of the other emergency regulations mentioned in paragraphs 1 and 3 of this report and most of these regulations will have to be revoked on the coming into operation of the Emergency (Principal) Regulations, 1949. (They were enacted before the Emergency (Principal) Regulations, 1949).
5.
In the early part of this period there was a considerable amount of requisitioning for the Army. Requisitioning had however almost ceased by the middle of November, and since that date has been confined to land in the New Territories, with the exception of two buildings requisitioned for the Royal Air Force. The total number of units requisitioned during the period was 105, divided as follows:
Army: R.A.F.:
87 16
H.K. Government: 2 (Ex-Japanese property).
6.
In the same period 29 units were derequisitioned
23 of which
had been occupied by the Army and 6 by the R.A.F.
7.
Requisitioning of land in the New Territories is likely to continue on a small scale, but it is not anticipated that any more requisitioning of buildings will be needed unless the garrison receives further reinforcements.
I have the honour to be,
Sir,
Your most obedient, humble servant,
GOVERNOR.
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Saving.
1,237/15/50
From the Secretary of State for the Colonies.
To the Officer Administering the Government of.... HONG KONG
Date
17 Hay........1950.............
494 Saving.
My despatch No. 5 of 9th January, 1950.
Emergency Regulations (Amendment) (No. 2) Ordinance, 1949.
Grateful for reply.
SECER.
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Secretariat File
No. D/ER II
No:- 15
SECRET.
Sir,
1
41227/15
GOVERNMENT HOUSE,
HONG KONG.
26 May, 1950.
4
15 1949
I have the honour to refer to Mr. Creech Jones' despatch No. 5 of 9th January, 1950 on the subject of the Emergency Regulations (Amendment) (No. 2) Ordinance 1949 and to forward herewith a memorandum dated 18th May, 1950 Encl. I with enclosures prepared by the Attorney General on the
points raised. I am in agreement with the views expressed in this memorandum and shall be grateful if after fur ther consideration you will agree to advise His Majesty that this Ordinance should not be disallowed.
With particular reference to paragraph 10 of the Attorney General's memorandum, Attorney General's memorandum, the draft regulations and explanatory memoranda referred to are attached as annexures B, B.1, B.2, B.3, C and C.1, to the memorandum of 18th May, 1950.
3.
I regret the delay in replying to the despatch under
reference.
The Right Honourable
James Griffiths, M.P.
I have the honour to be,
Sir,
Your most obedient, humble servant,
Mhantami
GOVE
GOVERNOR
2.
1950
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Secretary of State's Despatch No. 5 dated 9th
January, 1950.
EMERGENCY REGULATIONS ORDINANCE, 1922
and amending Ordinances No. 8 of
1949 and No. 40 of 1949.
NOTE BY ATTORNEY GENERAL.
Abbreviations employed in Note:
=
Despatch
Unda 15
principal Ordinance
L
✓19
Ordinance 8 of 1949
C
13
1-1949
Ordinance 40 of 1949
Order in Council
=
the Secretary of State's Despatch No. 5
dated 9th January, 1950.
the Emergency Regulations Ordinance No. 22
(No. 5 of 1922).
the Emergency Regulations (Amendment)
Ordinance, 1949.
the Emergency Regulations (Amendment) (No. 2)
Ordinance, 1949.
= the Emergency Powers Order in Council 1939
(dated 9th March, 1939).
Сери
tunden 10
1.
However,
The principal Ordinance was enacted on the 28th February, ISHS 1922. No Departmental records survive to explain the circumstances of
its enactment or the precedent afforded for its provisions.
page 18 of the H. K. Hansard 1922-25, records that the Ordinance was
introduced as a Bill on the 28th February under the heading "Strike
Legislation" and upon suspension of Standing Orders passed through
all stages on the same date. On that occasion the Governor (Sir
Edward Stubbs) said "The necessity for passing this legislation at
this time is that the result of the Seamen's strike has been to
unsettle general popular feeling here and in Canton and efforts have
been and are still being made to bring out other classes of labour
who are not concerned in the matter which originated the strike
that is if the reasons given for the seamen's strike are correct a
matter on which there may be two opinions. At all events it is
essential for the safety of the Colony that steps should be taken,
-
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as early as possible, to confer upon the Executive the most drastio
powers for dealing with the situation which may at any moment result
in disorder owing to the misguided efforts of persons who are under
the influence of Bolsheviki doctrine". The Ordinance as so enacted
provided for section 2(1) in its present form, i.e. "on any occasion
which the Governor in Council may consider to be an occasion of
emergency or public danger he may make any regulations whatsoever
which he may consider desirable in the public interest". It will
be noted, notwithstanding the precedent afforded by the Emergency
Powers Act, 1920 (10 and 11 Geo. 5 c. 55,) the Ordinance did not
adopt procedure of providing for a proclamation of "emergency". As
60 enacted the principal Ordinance continued in the form of its
original enactment until 1925. In that year by Ordinance No. 10 of
1925 an amendment was made to section 3 of the Ordinance to allow of
a greater penalty, and indeed an unlimited penalty, being imposed
for breach of regulations made under the principal Ordinance where
so provided by such regulations. The reason for such amendment,
which once again passed through all the stages at the one sitting
of Legislative Council, appear at page 50 of the H.K. Hansard
1925.
2.
In 1947 I first had occasion to consider the principal
Ordinance. I did so for the reason that it seemed desirable that
a set of emergency regulations should be prepared in readiness and
held in draft against the possibility of emergency developing and
to meet the requirements of an internal security scheme, the
preparation of which was then being commenced, In so doing I had
also in mind the need to gather together for purposes of repeal
the various regulations which had been made in the intervening
years since 1922 (and notably 1938) under the principal Ordinance.
As a result I prepared a body of emergency regulations which ware,
in due course, referred to Executive Council and approved in
principle to be held in draft.
3.
Consideration of the principal Ordinance, and in
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particular of draft regulations made under it, continued in 1948.
In so doing I gave consideration in particular to the question of
whether or not the words "any regulations whatsoever which he may
consider desirable in the public interest" occurring in section 2(1)
of the principal Ordinance, sufficed to authorise the making of
emergency regulations which purported to amend or which were
inconsistent with the general law. I found that within the years
since 1922 emergency regulations had been made from time to time
and that such regulations as often as not displayed inconsistency or
conflict with other law. I was not able to find that the existenge
of such inconsistency or conflict had in fact presented difficulty or
produced challenge. Nevertheless, I proposed an amendment to the
principal Ordiname which was eventually effected as Ordinance No. 8
of 1949. It will be seen that Ordinance No. 8 of 1949, amended the
principal Ordinance, inter alia, to make it clear that regulations
or any rule or Order made in pursuance of regulation shall have
effect notwithstanding anything inconsistent therewith contained in
any enactment, Notification of non disallowance was made by the
APRIL
S. of S.'s despatch No. 88 of the 25th March, 1949.
4.
Subsequent to the enactment
of Ordinamo No. 8 of 1949 an appeal to the Full Court arising out
of section 8 of the Law Amendment (Transitional Provisions) Ordinance,
1946 (No. 2 of 1946) created the further doubt as to whether the
amendments effected by Ordinance 8 of 1949 prosented the danger
that there might in the future be a submission that they were ultra
vires the powers of Legislative Council conferred by Article XVII
of the Letters Patent. In these circumstances a memo was prepared
by the Solicitor General and myself and referred to the S. of S.
with the Governor's despatch No. 94 dated 13th May, 1949. The S. of
S.'s reply which was contained in his telegram No. 738 of the 15th
June, 1949, confirmed the view expressed by me in the memo above-
nontioned, that the amendments made by Ordinance 8 of 1949 were
intra vires. The S. of S.'s telegram referred in pare, 2 to the
fact that the Legal Adviser would reply in due course direct to me
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7
in the various points raised in the memo. The Legal Adviser replied
by his letter 14237/15/49 Gen, dated 16th July, 1949. The S. of S.'s
telegram, para. 3, mentioned that if apprehensions still existed as
to challenge of the Ordinance, the Order in Council might be employed.
Reference is also made to the Order in Council in the Legal Adviser's
reply in which he pointed out that an enumeration of the objectives
to be achieved is given in para. 6(1) of the Order in Council would
be desirable.
5.
In the meanwhile the necessity for the preparation of more comprehensive emergency regulations became clear owing to the situation in China and the development of a Civil war, notably the prospect of the war being carried to the borders of the Colony and
uncertainty as to the repercussion upon the Colony of a Communist
victory in Southern China. In connection with the preparation of
legislative provision to meet any serious emergency in the Colony
resulting from the above factors, it seemed evident, in particular,
that there should be power to prescribe the death penalty for breach
of certain regulations. In this connection it seemed at least very
arguable that the wording of section 2(1) of the principal Ordinance
empowering the making of "any regulations whatsoever" taken with the
wording of the penalty section (see sec. 3 of the principal Ordinance,
as amended in 1925) sufficed to authorise the imposition of the death
penalty for breach of emergency regulations. I took the view,
however, that it would be desirable further to amend the principal
Ordinance to place beyond doubt that such a power did reside, Apart
from this consideration it also appeared to me to be of value so to legislate and thus give publicity to the fact that the commission of
serious offences, while conditions of serious disorder prevail, could
be visited by the death penalty. In these circunstances I proposed
a further amendment of the principal Ordinance and such amendaerit
was affected by Ordinance No. 40 of 1949, which is the subject
matter of the Dospatoh.
6.
In the preceding paragraphs I have summarised as briefly as possible the history of the principal Ordinance and of the three
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5
amendments to the principal Ordinance which have been enacted. The
concern expressed in the despatch and the fact that the S. of S. was
not fully informed of the action contemplated in relation to the
matters specifically referred to in para. 5 of the despatch, appeared
to make such summary desirable.
7.
At paras. 2 and 3 of the despatch the S. of S. refers to the
Order in Council. As I recall, the correspondence (which I cannot
Smith
trace) between Mr. Trafford/2nd Mr. MacDougall referred to the
employment of the Order in Council in the event that a major war
should break out before model legislation similar to the Emergency
Powers (Defence) Act and Order in Council had been completed in
readiness for such an event. Additionally, as above indicated,
reference was made to the Order in Council in the S. of S.'s telegram
No. 738 of the 15th June, Such references were not overlooked in
decision to advise the claboration of the principal Ordinance and
I took the preparation of emergency regulations under such Ordinance.
the view that reliance on the Order in Council was not to be preferred
to the course adopted. I did so for the following reasons
(a) I could not then find that the Order in Council had in fact
ever been published in the Colony. Only subsequently did
I discover that such publication was made during the progress
of the attack on Hong Kong in December, 1941.
(b) Experience in H.K. over the years, and in particular in
(c)
most recent years, has shown that a state of emergency not
infrequently materialises and that when it does it is often
protracted.
The machinery of the Order in Council requiring as it does
Proclamation "in case of any public emergency", seems
suitable only for a sudden emergency, not for a state of
protracted emergency.
(d) That in conditions as they have prevailed in H.K. Proclamation
would unnecessarily create alarm and confusion which would
be a recurrent condition unless such proclamation and
regulations mado consequentially were to remain for long
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1913
X
8.
(0)
13 15415
unrescinded,
6
That the course adopted, i,e, elaboration of the principal
Ordinance and the preparation or enactment of emergency
regulations thereunder has enabled the Executive Council
to be consulted in advance and also enabled, through the
process of the introduction and passing of the amending
legislation, consultation with the Legislative Council
and infoming of the public.
(f) That the machinery of the principal Ordinance as amended
provided for Legislative Council control (which would be
absent if the Order in Council were employed) through the
operation of section 40(4) of the Interpretation Ordinance,
1911. Further, the effect of Ordinance 40 of 1949 is to
give specific further control to Legislative Council over
any emergency regulation providing for capital punishment.
As regards paras. 4 and 5 of the Despatch, I appreciate
that the provisions in regard to which, in particular, the S. of S.
expresses concern, confer wide powers. But as the S. of S. recognises
the necessity for such powers may at any time correspond to the needs
of the situation in H.K. Further, it appears to me that the principal
Ordinance even before the enactment of Ordinances 8 of 1949 and 40
of 1949, rendered it possible by regulations for such powers to be
taken having regard to the very wide terms of section 2 of the
principal Ordinance. For instance, the section would not have
precluded the making of certain civil offences, offences against the
regulations and the making of them punishable with death, or indeed
the making of provision for the trial of such offences punishable
with death in any manner thought fit.
9.
Reference para. 6 of the S. of S.'s Despatch, the
situation in China and the imminent possibility at the end of 1949
that a repercussion of such events would be felt in the Colony by
way of fomented strikes and disorders, resulted in decision by
Government to enact a comprehensive body of Emergency Regulations
entitled the Emergency (Principal) Regulations, 1949. I had
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=
Х
prepared such regulations in replacement of the less comprehensive
regulations held in draft since 1947. Since such legislative
preparedness seemed to be most desirable in the worsening situation
in China and in the increasing possibility that repercussions upon
this Colony would be very serious, the Emergency (Principal)
Regulations, 1949, were in fact enacted and published in Supplement
No. 2, H.K. Gazette of December 28th, 1949. Regulation 137 provides
that the regulation shall not come into operation except in the manner
provided therein. The consequence is that a comprehensive body of
regulations have now been published and enacted and are in readiness
for immediate use in whole or part, In this way the public have been
given opportunity to consider them and notice has been served thereby
that Government has placed itself in possession of legislative
powers necessary to meet emergency as it arises to greater or lessor
degree. Such procedure has, I believe, received a most favourable
reception by the well disposed public and also, I believe, has had
beneficial effect as a warning or indication of Government's general
In these preparedness as far as the ill disposed are concerned. circumstances, and in particular because the Emergency (Principal)
Regulations, 1949, though enacted are not wholly in force but are
in force at this date only to the extent specified in G.N. A.85 Gazette Supplement No. 2 of 3.5.50, I am of the opinion that it is
not practicable at the present tine to adopt the suggestion that these regulations should be expressed to continue in force for a
limited period of time only.
10.
4,8
At paras. 4 and 5 the S. of S. has expressed concern in
particular regarding the powers taken to include the death penalty
for offences against the regulations and as to the power conferred to make a complete alteration as to the procedure at trial. The S.
of S. made previous enquiry as to these aspects by his telegram No.
1108 dated 18th August, 1949. The Governor's reply is contained in
his telegram 894 of the 27th August. That reply made it clear that in fact no regulations had then (nor have they yet) been enacted
providing for the death penalty. These telegrams made no reference
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8
to the power to provide for alteration in the procedure of trial.
It is most unfortunate that subsequent to the Governor's telegram
No. 894 the desirability of informing the S. of S. further in this
matter was overlooked. I suggest that this omission should now be
remedied by forwarding to the S. of S. the draft regulations which
have been prepared on such topics, i.e. the regulations entitled
(a) the Emergency (Capital Punishment) Regulations, 1949; and
(b) the Emergency (Administration of Justice) Regulations,
1949;
-
together with Explanatory Memoranda, which I provided in submitting
these draft regulations on the 24th June, 1949, for information and
approval in principle by Executive Council.
11.
With reference to para. 7 of the Despatch, it is of course
possible that an attack on the vires of the legislation may be
provoked. But having regard to the necessity for such powers it
seems to be necessary to face such possibility. The possibility is
lessened by the outcome of the appeal in the case discussed in the
Governor's Confidential Despatch No. 94 of the 13th May and enclosures,
12.
I trust that the explanation conveyed by my Note as above
will satisfy the S. of S. that non disallowance of Ordinance 40 of
1949 may be advised. In urging this course I invite Government's
attention to the fact that the Emergency (Principal) Rogulations form
important elements in the internal security scheme and indeed in the
draft defence scheme. Further, that such scheme takes account of the
possibility in the event of a truly serious situation prevailing
within the Colony of the enactment of the two draft regulations
relating to the imposition of the death penalty and alteration in
procedure for trial.
18th May, 1950.
1 14 Griffen
Attorney General,
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し
To:
Hon. C.S.
From: Attorney General.
SECRET
Subject:
Emergency Regulations
As you are aware, I am engaged on a review and amplification
of draft Emergency Regulations previously prepared to be held in
readiness if needed.
Such examination, which has also kept in view
the requirements of the internal security scheme, has shown necessity,
in my view, for further amendment of the Emergency Regulations
Ordinance, 1922, and for the preparation in draft of groups of
emergency regulations for on ctment as and when required, but separately from the general body of Emergency Regulations.
2.
3.
I therefore submit the following:-
A. A Bill intituled the Emergency Regulations (Amendment)
No. 2 Ordinance, 1949.
2. Emergency (Capital Punishment) Regulations, 1949
C.
Emergency (Administration of Justice) Regulations, 1949.
As to A': The Bill is accompanied by Objects and Reasons
which explains its purposes and which in particular, at para. 3
explains its objectives. In this connection you will recall that
reference has been made to the Secretary of State to resolve
doubts as to the extent to which legislation may be made by
Emergency Regulations. A tologram has now been received from tho,
S. of S. ( No. 738 dated 15th June, 1949) which confirms the view
expressed by me that amendments to Ordinance No. 5 of 1922, as made
by Ordinance No. 3 of 1949, are intra vires. The reply also
indicates that amendment as proposed by the Bill would equally be
intra vires. If His Excellency so directs, the Bill might now be
circulated for the approval of Executive Council and decision taken
at that stage as to whether or not the Bill be introduced forthwith
or deferred.
4*
of 'A'.
As to 'B': The Regulations are dependent on the enactment
It will be seen that an explanatory note is attached to
the Regulatiors which would appear with the Regulations on publica-
1 tion. Also attached and marked (B) is a memo NOT for publication
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fr
SECRET
giving fuller explanation. As indicated at para. 1 of such memo, it is not intended that the Regulations should be enacted unless and until an emergency warranting such course arises.
5.
As to C: These Regulations similarly are not intended to be enacted unless and until the situation requires them.
Attached to the Regulations and marked (c)1 is a note explaining them. As summarised, the explanation is that the Regulations will enable the Courts to function in conditions of emergency aided by changes in procedure which will take into account the fact that there must be conservation of manpower and savings of time and demands upon transport, c.g. Juries to be reduced to 5 in number and only to be required in time of capital offences. Dispensation with preliminary enquiries.
6.
A,B, and C as above described, have been the subject of discussion with His Honour the Chief Justice and he has in principle
approved the legislation and its objectives.
7.
As regards B and C, as stated, it is not proposed that
these Regulations should be enacted until clear need arises.
Nevertheless, the Governor may wish that they should be seen at this
stage by Executive Council. If as seen they are approved in principle, it will remove the objection that Regulations of such importance might have to be referred for the approval of Ex. Co. at a time when full consideration of them cannot easily be given.
Sgd. J.B. GRIFFIN
Attorney General
24.6.49
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B
THE EMERGENCY REGULATIONS ORDIILICE,1922.
Citation
Interpre→
totion
Certain
offences
Regulations by the Governor in Council.
In exercise of the powers conferred upon him by the
Emergency Regulations Ordinance, 1922, as amended by the
Emergency Regulations Arondment Ordinance, 1949, and by the
Eiergency Regulations (Amendment) (No. 2) Ordinance, 1949, the
Governor in Council has made the following regulations:-
REGULATONS.
1. These regulations ay be cited as the Emergency
(Capital Punishment) Regulations, 1949.
2. "the principal regulations" means the Emergency
Principal Regulations, 1942,
+
The interprctation given by the principal regulations to
the expressions "arms" "ammunition", "area", "authorised
guard", "closed aroa", "enony", "possession", "safeguard" and
"special police officer" swill apply to those regulations and
generally these regulations shell be interpreted in like manner
as if they had formed part of Wic principal regulations:
Provided that no amendment of the principal regulations made
after the coming into operation of these regulations shall
affect the interprctation of those regulations.
3. If in any closed area or protected placo or in any in closed area which at any time after the coming into operation of these
protected.
damaged or,
evacuated regulations has beon destroyed or danaged by any means whatsoever aroas to bor subjected to an attack by the enemy or of which any evacuation punishable'
with death as
Burglary
beon or shall be ordered under section 11 of the Public
Order Oriinance, 1948, any person -
42
..
(a) commits ary offenco punishable under Section 40,41 or
42 of the Larceny Ordinance, 1935, with imprisonment for life; or
(b) steals any article from any premises destroyed or
danaged or vected for th. purpose of complying with such an
ovacuation order as aforesaid or any article left exposed or
unprotected in consequence of such destruction danage attack
or evacuations
or
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سوم
Felony commit--
tod in the
course of
assisting or
with intent to
assist an
uneny to bo
+
-2-
(c) coruits an offonce against any provision of
the Malicious Damago Ordinance, 1865; от
(a) endeavours to force a safeguard;
hc shall be guilty of an offence against those regulations
and shall on conviction theroof on indictment suffer
death as a felon.
4. Any person who in the course of assisting or with
intent to assist an enemy commits felony which is likely
to assist the onery or prejudice the public safety shell.
punishable with be guilty of an offence against these regulations and dcatii.
shall on conviction theroof on indictment suffer death
as a felon.
Possession of Arns and amuti.. nition for purposes of trafficking therein or supplying
others to carry death penalty.
Carrying ares and ammunition to
carry death
5. Any person who without lawful authority is in
possession of arms or an unition in such quantities or in
such circumstances as to load a reasonablc on to infer
that he is trafficking therein or intends to use them
himself or intenâs then to he used by others shall bu
guilty of an offence against these regulations and sheli
on conviction thereof on indictment suffer death as a felon.
6: Any person who without lawful authority carries
arms or ammunition shall be guilty of an offence against
circumstances. these regulations and on conviction thereof on indictment
shall suffer death as a fclon: Provided that no person
shall be convicted of an offence against this regulation
if the evidence of his having committed such offence
consists solely of evidence that a search of his person
discovered the presence of arms or ammunition thercon,
7. Any person who commits any of the offences
specified in the following enactments:
penalty in certain
Certain serious offences not now punishable with death to be so punishable.
The Offences Against the Person Ordinance, 1865;
sections 10,11,12,13, 14,16,17(2) & (3), 20 and 21; The Malicious Damage Ordinance, 1865;
sections 2 - 11 (inclusive), 17,25,27,27A,33 and 38,
shall be guilty of an offence against these regulations
and shall on conviction of on indictment suffer
death as a felon.
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Preservation
oxisting
Note: in
this
-3-
8. The offences created by these regulations shall
be deemed to have been created in addition to and not
in derogation of the offences of the same or a similar
character existing under any law applicable to the
Colony: Provided that -
(a) No person shall be punished twice for the same
offence;
(b) nothing heroin contained shall be deemed to
have altered the law relating to a plea of autrefois
acquit; and
blank will be inserted the numbers of the regulations in the principal regula- tions corresponding to regulations 3,4,5 and 6 of these resulations.
(c) regulations
shall be suspended during the continuance in force of
these regulations.
COUNCIL CHAMBER
,19%.
Clerk of Councils
Explanatory Note.
The offences specified in these regulations are,
under the existing law, punishable oither with life
imprisonment or with imprisonment for a long term of
years. Because of the increased gravity attaching to the
commission of such offences while the present emergency
prevails, it is necessary for the enforcement of public
order that such offences should be punishable by the death penalty.
2. These regulations so provide. The regulations
will take effect upon the approval of Legislative Council given by resolution and as from a date to be specified
in such resolution.
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3. It will be noted from regulation 2 that for
the interpretation of expressions used in the regulations the interpretations afforded by regulation 2 of the
Emei ency Principal Regulations, 1949, have been
imported. Such regulations were published in
Supplement No. 2 of the Gazette of day of 1949, as Government lotification No.
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1.
MEMORANDUM OF THE EMERGENCY (CAPITAL PUNISHMENT,
REGULATIONS. 1949.
Certain offences will be created by the Emergency
Principal Regulations which will be brought into force at the
commencement of any occasion of emergency warranting such course.
These offences will in the first instance be punishable with
imprisonment for life as the maximum penalty.
2.
If the situation deteriorates the same offences will be
mado punishable with death by a fresh set of Emergency (Capital Punishment Regulations) and these subject to the approval of Legislative Council will come into force on a date to be specified
by resolution of Legislative Council. Offences committce after
such date will be punishable with death. Previous offences will
be punishable under the provisions of the Emergency Principal
Regulations but such provisions will for all other purposes be sus- pended during the continuance in force of the Emergency (Capital Punishment) Regulations.
3.
The Emergency (Capital Punishment) Regulations will also
make punishable with death certain acts of malicious damage certain attempts to murder and certain other existing offences not now so
punishable.
The comparative table attached to this memorandum
shows very generally the source of the regulations and in the case of offences now existing under the ordinary law which are by the regulations made punishable with death, the punishment which is now applicable to such offence. The comparative table is only a rough guide because a departure has been made from existing procedents in order to carry out the paramount intention which is -
(a) not to make any offence punishable both with death and some lesser punishment;
and
(b) to limit the offences so punishable to offences for which a sentence of death is likely to be required and carried into execution.
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5.
Experience both in enemy occupied territory and in Hong
Kong has been that a provision' whereby death or a lesser penalty
may be imposed largely defeats its own object as even when Military
Courts are functioning, such Courts are reluctant to impose the
death sentence when a lesser sentence can be imposed. It is
considered more appropriate to limit the cases in which the death
penalty is applicable leaving it to the Governor in Council to
determine even in such limited cases whether or not the death
sentence should be executed. For instance, although it is usual
in a serious internal emergency to provide that possession and
and carrying of arms should be punishable with death, the
regulations limit. the death penalty to possession of arms or
ammunition in such quantities or in such circumstances as to leave
a reasonable man to infer that the person in possession is trafficking
therein or intends them to be used by others or to use them
himself, and limit "carrying" by provise that a conviction shall
not be recorded if the evidence consists solely of the fact that a
search of the person of the accused discovered the presence of
arms or ammunition thereon, In both these cases it is most
unlikely that the possession or carrying in question could be the
result of a "plant", a defence which is readily advanced in such
cases and the possibility of which is always inclined to make a
Court reluctant to impose the death penalty.
6.
Despite the wide interpretation given to the word "enemy"
by the regulations, if a building is discovered to have been blown?
up or otherwise damaged, it will not be possible, at all events,
immediately to prove that it has been destroyed or damaged by an
enemy. Nor will it be possible for the Governor to make an
evacuation order until he has been informed thereof and time to
publish the order has elapsed. Yet it is precisely during this
period that looting will be resorted to, It is for this reason
that in framing regulation 3 the expression "has been destroyed
or damaged by any means whatsoever" has been included.
7.
The definition of "enemy" is aimed at the fifth columnist and saboteur and not against an external aggressor, If the latter
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matures, presumably the United Kingdom will declare war and other
steps taken to deal with assisting such an enemy on the lines of
treason and Defence Regulation 27 of the (War time) Defence
Regulations.
The proposed regulations would still continue to be
useful in cases where treason or an offence under Regulation 27 could
not be substantiated. It is for this reason and because of the wide
interpretation given to "enemy" that Regulation 4 only applies if felony
is committed.
8:
These regulations make no provision with regard to
attempts because it is proposed that the Emergency Principal Regulations will provide that attempts shall punishable in like manner as the offence provided that attempts to commit offences under the Capital Punishment Regulations shall, unless the contrary intention
expressly appears, be punishable with imprisonment for life or a
lesser period. The contrary intention appears in the case of the offence of endeavouring to force a safeguard or attempts to commit murder.
9.
As the Emergency (Capital Punishment) Regulations will not be completely intelligible without reference to definitions contained in the Emergency Principal Regulations the material definitions are attached as an annexure to the memorandum.
10.
It is proposed that an Explanatory Note such as that provided should be published with the Regulations.
24th June, 1949.
Sgd. J.B. GRIFFIN
Attorney General
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The Emergency (Capital Punishment) Regulations 1949
Regulation
3
Sourde
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TABLE
18 and 38 U.K. Defence (General) Regs. 1939.
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مة
27
H.K.Defence Regs.1940
5
59
Palestine (Emergency) Regs.
1945
6
58(c)
7
Now
Remarks
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Penalties under the Offenços Against the Person Ordinance, 1865.
S.10 Administering poison or wounding with Intent to
murder
S.11 Destroying or damaging building with intent to murder
S.12 Setting fire to or casting away ship with intent to murder
S.13 Attempting to administer poison, or attorpting to shoot or drown, etc., with intent to murder S.14 Attempting to court murder by means not specified 3.16 Impeding person endeavouring to save himself or
783
another from shipwreak
S.17(2) Shooting or attempting to shoot, or wounding of & (3) striking with intent to do grievous bodily harm. S.20 Attempting to choke, etc., in order to commit
indictablo offence
9.71 Using chloroform, etc., in order to comit indict- aale offence
Life
Imprisonment
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The Emergency (Capital Punishment) Regulations
1949
Source
2 -
Remarks
Penalties under Helicious Damage Ordinance, 1865.
S.2 Setting fire to church, otc.
S.3 Setting fire tɔ houses, a person being
therein
S.4 Setting fire to houso, otc.
3.5 Setting fire to ongine-house etc.
S.6 Setting fire to public building
S.7 Setting fire to building not specified
Life Imprisonment. Malo under 16 yrs. with or without whipping.
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S.8 Setting fire to geeds in any building the setting fire to which is felony
3.9 Attempt to set fire to building, etc. S.10 Destroying dwelling-house with explosive, a person being therein
s.11 Attempt to destroy building, oto,, with explosive
S.17 Sotting fire to heap of corn, etc.
S.25 Destroying sea-bank, etc. 8.27 Injury to bridge, etc.
S.274 Injuries to railways and railway carriagos S.33 Setting fire to ship
E.38 Exhibiting false signal, with intent to bring
ship into danger
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Ipriscont not ex- cooding 14 yrs. Malo undar 16 yrs, with or without whipping.
Jo
Life imprisonment. Male under 16 yrs. with or without whipping. Imprisonment not ex- coeding 14 yrs.
ململا
undar 16 yrs, with or without whipping Life imprisonment. Malo under 16 yrs.with or without whipping.
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3
ANNEXURE TO MEMO ON DRAFT EMERGENCY: (CAPITAL
PUNISHMENT) REGULATIONS, 1949.
"arma" and "ammunition" shall have the meanings
attributed to them respectively by the Arms and Ammunition
Ordinance, 1933;
"area" includes structure;
"authorized guard" and "protected place" shall have
the meanings respectively assigned to them by the Protected
Places (Safety) Ordinance, 1946;
"closed area" means an area declared to be such under
section 10 of the Public Order Ordinance, 1948;
"enemy" means any person or group of persons howsoever
associated or organised who or which the Govornor in Council
by notice in the Gazette declares whether by a specific or
genoral doseription to be an onomy and includes any person
or group of porsons whether so declarod or otherwise who
or which has by any overt act manifested a seditious
intention within the meaning of tho Sadition Ordinance,
1938, or who or which accks in any way to promote internal
disorder: Provided that a person shall not be deemed to be
an nomy by reason only of his taking part in or
poacefully persuading any other person to take part in a
strike;
"possession" moans..............
and arms or ammunition on the body or in the custody or
under the control, of any person shall be docmod to be
in his possession;
"safeguard" means any authorized guard when on duty
as an authorized guard and any member of His Majesty's
forces, the Hong Kong Dofence Force, the Hong Kong Police
Reserve Force or any police officer or special police
officer posted for the purpose of protecting or proventing
or controlling accoss to any area or promises or for
the purpose of regulating traffic;
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"spocial police officor" moans an officer engaged
pursuant to section 24 of the Police Force Ordinance, 1948,
as amondod by the Police Force Amendment Ordinance, 1949.
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Citation and commoncemont,
Modification of provisions as to dotention in custody in sect- ion 51 of the Police Force Ordinance,1948.
Committal for trial by magistrate without pre- liminary
inquiry save for the purpose of recording certain dopositions.
EMERGENCY REGULATIONS ORDINANCE, 1922.
Regulations by the Governor in Council,
In exorcise of the powers conferred upon him by section 2 of the Emergency Regulations Ordinance, 1922, His Excellency the Governor in Council has made the following regulations :-
REGULATIONS,
1, These regulations which may bo cited as the Emergency (Administration of Justico) Regulations, 1949, shall be read as ono with the Emergoney Principal Rogulatione, 1949.
2. Sub-section (1) of section 51 of the Police Force Ordinance, 1943, shall during the continuance in force of these rogulations take offect as if for the words "forty-eight" and "seventy-two" there were substituted the words "ninety-six" and "one hundred and forty-four" respectively.
3. (1) Whon a person accused appears before a magistrate charged with an indictable offence then if a public prosecutor appointed under section 11A of the Magistrates Ordinance, 1932, so roquests orally or in writing the magistrato shall without inquiring into the ovidence in spport of such charge commit the accused to prison for trial or admit him to bail to tako his trial and in such case the provisions of sections 75, 76 and 77 of the Magistrates Ordinanco, 1932, ghall have no application and the Magistrates Ordinance, 1932, and the Criminal Procedure Ordinance, 1899, shall havo effect with such modifications as are neccssary to enable such accused to stand his trial boforo tho Supreme Court on indictment to be proferred by the Attorney General without any preliminary hearing or recording of dopositions before a magistrate.
(2) Notwithstanding that a request may have been made under the precoding paragraph of this regulation it shall be lawful for a public prosecutor to ask tho magistrate to record in the presence of the accused the deposition of any prosecution witnese and in any such case the magistrato shall proceed to record such deposition in like manner as would have been applicable if this regulation had not boon mado.
(3) The Chief Justice may give such directions as appear to him to be necessary or expedi ont for carrying this regulation into effect,
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Public prose- cu or to have rights and privileges of logal officer.
No Jury exaupt în capitai ORROR FOP which a jury of five shall suffice.
Use of depos❤ itions at trial on indictment.
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46
Any public prosecutor as aforesaid may for the purpose of any trial upon inflictment before the Supreme Court exercise all the rights and priviloges conferred upon a legal officer by the Law Officers ordinance, 1949.
5. (1) All proceedings in any court and inquiries shall proceed without a jury: Provided that this regulation shall not apply to a trial upon indiotment for any offence punishable with death.
(2) Whonever by roason of the proviso to paragraph (1) of this regulation it is necessary to empanel a jury it shall not be necessary for the jury to consist of
more than five persons.
6. (1) Whore a person has boon committed for trial for an offence and it is proved at his trial for that offence or for any other offence arising out of the same transaction, or set of circumstances as that offence,
(a) that any witness whose deposition was taken before the magistrato is unable to attend the trial aither by reason of being engaged in the naval, military or air force service of His Majesty or in tho Hong Kong Defence Force of the Colony or on other work of urgont public importance, or by reason of hostile operations in the Colony; and
(b) that the deposition was takon in the presence of tho accused and (cxcept in the case of a witness on behalf of the accused) that the accused or any person appearing on his bohalf before the magistrate had full opportunity of cross-oxamining the witness;
then, if the deposition purports to be signed by the magistrate, it may be given in evidonce at the trial without further proof, unless it is proved that it is not in fact signed by the magistrate purporting to sign it.
(2) For the purpose of this regulation the following cortificates that is to say -
(a) a certificate purporting to be signed by tho appropriate principal staff officer certifying that a person is unable to attend a trial by roason of boing engaged in the naval, military or air force service of His Majesty as tho caso muy bo;
(b) a cortificate purporting to bo signed by the Senior Staff Officer on the staff of the Commandant of the Hong Kong Defence Forco certifying that a person is unable to attend a trial by reason of being engaged in the Dofonce Force of the Colony;
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Proof of cer- tain faots by
certificate.
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(o) a certificate signed by the Deputy Colonial
Secretary cortifying that a person is unable to attend a trial by reason of being engaged in work of urgent public importance or by reason of hostile operations in the Colony;
(d) a certificate purporting" to be signed by the magiętrato certifying that a deposition was taken in the
presence of the accused and that the accused or a person appearing on his behalf before the magistrate
had a full
opportunity of cross-examining the witness; shall be conclusive evidence of the facts Bo o ertified, unless it is shown that the certificate in question was not in fact signed by the person by whom it purports to have been signod;
but not hing in this paragraph shall be deemed to exclude
any other modo of proof.
(3) For the purposes of sub-paragraph (a) of paragraph (2) of this regulation the appropriate principal staff officer shall -
(1) in the case of His Majosty's naval forcos be the officer for the time being discharging the functions of Chief Staff officer to the Commodore, Hong Kong; and
(ii) in the case of His Majesty's military
forces be any staff officer on the staff of the General Officer Commanding of the rank of Lieutenant Colonel or above; aha
(111) in the case of His Majesty's air forces the officer for the time being discharging the functions of the Senior Staff Officer on the staff of the Air Commodore, Hong Kong.
7, (1) A plan or drawing of any place or object shall, if
theroon there is annexed thereto or inscribed/a cortificate =
(a) purporting to be signed by a police officer of or above the rank of sub-inspootor or by an authorized architect within the meaning of section 5 of the Buildings Ordinance, 1935; and
(b) stating that ho made the plan or drawing and that it is correctly drawn to a scalo specifi ed in tho certificate;
be admissible in prococdings before any court or magistrate for any offence as ovidence of facts appearing from or stated on the plan or drawing with respect to the rolative positions of any things shown thereon.
2) Nothing in this regulation shall bo deomoć to ronder a certificate or other document admissible as evidenco in proceedings for any of fonce except in a caso whore and to the extent to which oral testimony to the like effect would have been admissible in those proooedinga,
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(3) Nothing in this regulation shall be deemed to ronder a certificate or other document admissible as evidence in proceedings for any offence,
(a) unless a copy theroof has, not less than seven days before the hoaring or trial, been served on the person charged with the offence; or
(b) if that person, not later than three days before the hearing or trial or within such further time as the court or magistrate may in special circumstances allow, servos notice requiring the attendance at the trial of the person who signed the cortificato or the certificate authenticating the document. Such notice shall be served upon the magistrate's clerk savo where an indictmont has boen preferred, in which event it shall be served upon the Attorney General. Any notice served upon a magistrate's clerk shall be transmit ted by him forthwith to the prosecutor.
COUNCIL CHAMBER,
.1949.
Clerk of Councils.
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?
NOTE ON THE EMERGENCY (ADMINISTRATION OF JUSTICE)
REGULATIONS, 1949.
1. The innovations made by the regulations may be
summarised briefly as follows:-
(1) No Jury in civil cases, Reg. 5.
(2)
No jury in criminal cases save for a capital
offence in which event there will be a jury of five
in lieu of a jury of seven. Reg. 5.
(3) Committal proceedings will be dispensed with if a
public prosecutor so requests,
Reg. 5.
(4) Notwithstanding that committal proceedings have
been dispensed with a public prosecutor may roquest
the magistrate to record the deposition of a witness
who is in the opinion of such prosecutor unlikely
Reg. 3.
to be available at the trial.
(5) Cases in which depositions may be used at the trial
have been exterlud to cover the depositions of person
absent on or required for military or defence
purposes or other work of urgent public importance.
Reg. 6.
(6) A plan certified by a police officer of the rank of
sub-inspector or above or by an authorised architect
will be admissible in evidence in circumstancos
where it could have been put in by such officer or
architect in the witness box. Provision is however
made for production of the witness, Reg. 7.
(7) Public prosecutors are authorised to appear before
the Supreme Court. Reg. 4.
(8) The time during which an acousod may be kept in
custody before either being taken before a magistrate
or deportation proscedings are instituted has been
doubled.
Reg. 2.
2. It is contemplated that the regulations would not be
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brought into force unless either -
(a) war is declarod by or against an enemy operating
in the Pacific area;
(b) the Defence Force is called up.
As to (b) this will naturally entail a serious drain on the
staffs of Government Departments and of the business occmunitios
other than Chinese and to a limited extent on the latter also.
It is almost certain to be accompanied by a calling up of the
Special Constabulary and Essential Services (fire, demolition,
squads, etc.) which will entail a further drain on manpower.
Such situation will roduce very considorably the availability of
persons who in fact constitute the jury list. But a certain
number of wonen jurors should continue to be available,
3. In these circumstances it is considered logitinate to
make such provision as is made in the regulations. (1), (2) and
(7) of paragraph 1 of this Note ain at conserving manpower; (3),
(4), (5) and (6) of paragraph 1 ain at saving time. (8) is
intended to save transport manpower and time, (3)-(7) are
flexible and they will be oporated under the control of the
Attorney General, As to (7) it is not the intention to dispense
with the services of Crown Counsel if this course can possibly
be avoided. It may however provɩ necessary to do so if the
shortage of manpower becomes acute, If so, supervision and
advico will still have to be undertaken by the Legal Department.
4. As to sources. (3) of paragraph 1 has been tried with
success during military administrations in Tripolitania and
Hong Kong and it is believed in Malaya. (4) is a corollary of
(3) and a necessary provision if (5) is to be of real valus.
(7) has been tried with varying success during military occupation
of Eritrea, Cyrenaica, Tripolitania, the Dodecanese and in
Palestine though only with military courts. (1) and (2) go
beyond the provisions made in England in 1939 but these
provisions are fully warranted by the fact that shortage of
nanpower will be far noru aoute huru and that the only alternative
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3
would be the setting up of military courts which create other
manpower problems and in any event do not provide anything
like as satisfactory a solution as the retention, with
modification in procedure, of the ordinary courts conducted
by experienced Judges and magistrates. (5) and (6) are
based on regulations 17 and 17A of the Defence
(Administration of Justice) Regulations, 1940, of the
United Kingdon, A comparative tablo showing modifications
is attached.
-
5. Reference Regulation 4 a Bill for a Law Officers
Ordinance, 1949, is still in draft. This rugulation will
require refraning if the regulation is required before such
legislation is in fnet unacted,
(sd) J. B. Griffin
Attorney Genaral.
24th June, 1949.
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Secretariat 23/3231/50s.
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date 1st June, 1950,
No. 56.
SECRET
E- JUN 1950
REGISTRY
d.
Penalties for Possession and Use of Arms.
1.
At meetings of Executive Council on 16th and 23rd Hay, general discussions took place on the incidence at the present time of unlawful possession of arms in the Colony and on the use of grenades. It was noted that a consequence, not unexpected, of the proximity of the Chinese Civil War to the Colony and the disintegration of Nationalist Forces since their defeat in South China, has been vastly to increase the quantity of arms illegally in the Colony. Such arms are for the most part in the hands of ex-soldiers, deserters and guerrillas and bandits who have crowded into the Colony together with other elements. The possessors are of a type having knowledge of the use of arms who are very ready to employ them to assist robbery, which forms the means of support most attractive to them, and generally to further any end they may have in view, be it political or otherwise. Concern was expressed in particular at the recent outbreak of "grenade" incidents. Such incidents as at 23.5.50 numbered 7 within the previous 3 weeks. The resulting casualties have been 1 killed, 1 seriously injured and 11 slightly injured. Some damage to property has also been caused. In addition in the same period 5 incidents occurred wherein dummy and firecracker bombs were employed or found, causing no injury to person or property. The reason for the outbreak is still a matter of speculation. No arrests have occurred of persons actually using grenades. But quantities of arms have been found by the Police within recent months and many arrests, prosecutions and convictions for possession of arms have taken place and in the case of suspects a number of deportations have also resulted.
2.
At the meetings above mentioned consideration was given to the methods to be adopted to reinforce measures -
(A) against possession of arms; and
(B) the tendency to employ grenades.
3.
As to (A): The proposal was made that corporal punishment should be employed to greater extent upon con- viction for possession of arms even though such offence be unaccompanied by other offence, e.g. robbery.
4.
As to (B): Reference was made in the course of discussion to the fact that in Singapore the possession of a grenade had been made a capital offence. The point was made that possession of a grenade merited more serious punishment than possession of other arms, c.g. possession of a revolver, even though unlicensed, might be excused on the grounds of self-defence, but that a grenade can be possessed only for purposes of offense and when used it can be more widely effective in causing death or injury to persons and injury to property.
5. As to (A): The existing state of the law and of punishments awarded for the possession of arms in this Colony may be summarised as follows:-
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Annexure "A"
Cases of possession of arms are dealt with under section 4 of the Arrs and Ammunition Ordinance, 1933. The maximum penalty for an offence against the provisions of that section is, by section 29, 10 years, but only 3 years if taken summarily. No case can be taken summarily except with the written consent of the Commissioner of Police.
Flogging by a rattan cane or by the cat can be inflicted as an additional penalty by the Supreme Court, not by a Magistrate, for an offence against section 4 of the Arms and Ammunition Ordinance, 1933, under section 4 of the Flogging Ordinance, 1903.
In fact, the cat has never been prescribed by the Court as the instrument for flogging in any case within recent years.
At the present time in all cases of robbery with arms or assault with intent to rob with arms, except where medical reasons otherwise require, whipping with the cane is part of the sentence though it is seldom that the maximum of twenty-four strokes (section 4 (b) Ordinance 3/1903) has been prescribed. In cases of possession of arms, the Judges are tending to prescribe whipping as part of the sentence and the Supreme Court has recently announced from the Bench that with the increase in the number of offences involving arms, the sentences would be increased.
The
In
In addition the Emergency (Principal) Regulations, 1949, provide for the problem; the most relevant regulations being Emergency Regulations Nos. 116, 117 and 118. regulations quoted have, however, only very recently been brought into force and have never yet been employed. fact, if the regulations be used corporal punishment cannot be awarded because such punishment is not a penalty prescribed in the Emergency Regulations. It is appreciated that it is not usual in Emergency Regulations to prescribe corporal punishment since Emergency Regulations, rather like the Defence Regulations of war time, have "political crime" in view. But there seems to be no other reason why corporal punishment should not be made a penalty.
6.
The most recent statistics regarding corporal punishment as ordered as part of sentence by the Supreme Court in recent Sessions where trials have taken place for the offence of possession of arms (unrelated to other offence) are attached as Annexure "A" (which also indicate the present state of the list for the May Sessions). It will be seen that these statistics show a marked increase in April of the number of cases coming before the Supreme Court and indicate that the Supreme Court has awarded whipping by the cane in all such cases. The cat has not in any case been prescribed. The cases where mere possession of arms has been charged have not in recent Sessions taken long to try, though of course such cases have had to be preceded by a preliminary enquiry before a Magistrate. This necessity would persist unless and until alteration in the procedure of trial were
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1
3
4
to be introduced in manner contemplated by the Emergency (Administration of Justice) Regulations, which are at present held in draft and to which reference was made in my Secret despatch No. 15 of 26th May, 1950. The statistics indicate that there is, as yet, no immediate need because of pressure upon the Supreme Court and expedition of trial, to resort to trial by the Kagistrates for the trial of serious cases of possession of arms nor consequently any immediate need to empower Magistrates to impose corporal punishment, but it is not possible to be sanguine that the position will not deteriorate.
Colony
As to (B): The existing state of the law in the Colony governing grenades is the same as that described at para. 5. "Grenade" and weapons of similar type fall within the definition of "ammunition" in the Arms and Ammunition Ordinance. Punishments for possession of a grenade are the same as those for possession of any other weapon. The position may be contrasted with that in Singapore and Malaya. I am advised that regulation 4 of the Malayan Emergency Regulations, 1948, renders possession of arms, which would include grenades, an offence against the Regulations punishable with death.
8.
In these circumstances the discussion in Executive Council resulted in advice being recorded in the following minute:-
(1)
(11)
that an amendment should be made to the Emergency Regulations to provide:
(a) that any person who without lawful
authority uses or attempts to use arms shall on conviction be punished with death;
(b)
(c)
that any person in possession of grenades or explosives capable of being used as grenades shall on conviction be punished with death;
that a prosecution for an offence under this Regulation should not be instituted without the consont of the Attorney General; the object of this proviso heing that cases which in the opinion of the Attorney General do not morit the death sentence can be charged under other laws not providing for the death penalty;
that it was necessary:-
(a)
(b)
to provide for corporal punishment for offences of possession of arms under the Emergency Regulations and to allow the use of the "cat" and cane;
to empower award of corporal punishment by "cat" and cane by lagistrates upon trial of such cases;
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Annexure "B"
9.
(c)
to authorise application to the Supreme Court to prescribe the "cat" on conviction for possession of arms after due warning from the Bench is made of such intention.
As regards paragraph (1) of the Executive Council minute above quoted, I attach as Annexure "B" a draft of amending Emergency Regulations to provide for the addition of a regulation as regulation 116A to render punishable with death the possession of any bomb, grenade, mine or other apparatus, machine or implement used, or capable of being used as such and further to provide that use or attempt to use without lawful authority arms, ammunition or explaive substance shall also be punishable by death notwithstanding that death or injury to a person or injury to property is not caused. It will be seen that in accordance with the advice of Executive Council the regulations also provide the requirement that no prosecution under the proposed regulation 116A shall be instituted except with the consent of the Attorney General.
10. As regards paragraph (11) (a) and (b) of the Executive Council minute I am aware of the necessity to keep in mind the policy and desirability of bringing to an end the use of whipping and flogging as a punishment for offences committed within the colonial territories, a policy which has, as I am aware, recently been re-affirmed in the House of Commons by a statement of the Minister of State for the Colonies. Notwithstanding this consideration, however, I am in agreement with my Executive Council that in the existing and possibly worsening situation in Hong Kong, it may well prove very necessary to employ corporal punishment even to the extent of using the "cat" rather than the cane for the offence of possession of arms in relation to emergency regulations, and that furthermore the power to impose such corporal punishment be given to magistrates should the situation, including the frequency of the offence and the necessity for speed in conviction and punishment, make such course clearly necessary. I would, therefore, ask that I may have your concurrence in taking legislative action necessary to give effect to the proposal discussed should the situation in the future demand of my so doing.
11.
As regards paragraph (11) (c) of the Executive Council minute, I have indicated at paragraph 5 of this Savingram that under the existing law the power in the Summe Court to prescribe the "cat" is already afforded by section 4 of the Flogging Ordinance, 1903, but as stated, the "cat" has not in fact been prescribed as an instrument for flogging within recent years. The proposal therefore that application might be made to the Supreme Court to prescribe the "cat" on conviction for possession of arms visualises that opportunity be taken, should be Court for any reason as for instance, heavy incidence of the offence of possession of arms, invite the comments of the prosecution in regard to punishment. I would welcome your views regardhg this proposal. I am, myself, disposed to advocate that the procedure envisaged be followed at suitable opportunity in the event that the incidence of possession of arms continues to show its present increase. this way it would be possible for some experience to be gained as to whether or not the application of the "cat" rather then the cane does in fact have a more deterrent effect before any measures as advocated in paragraph (11) (a) and (b) of the Executive Council minute are adopted, which would extend to emergency regulations and to magistrates the provision and power respectively to impose corporal punishment whether by the "cat" or by the cane.
2 encls.
In
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CRIMINAL SESSIONS
1950.
ANNEXURE 'A'
Possession of Aras and Ammunition.
Month
No. of persons
indicted
Convicted
Discharged
Sentence
January
February
6
6
March
6
April
12
12
6
MAY
1
4 yra. & 10 strokes 2 yrs. & 6 months 4 yrs, & 10 strokes 3 yrs. H.L. each
for 3.
18 months each
for 2
2 yrs. & 6 months
for 2
5 yrs. & 10 strokes
for 1
4 yrs. H.L. for".
4 yrs. H.L. & 12
strokes each for
3
4 yrs. H.L. & 15
strokes for 1
4 yrs. H.L. & 15
strokes each for
3
3 yrs. H.L. & 8
strokes each for
4
4 yrs. & 6 months
& 15 strokes
* Note: The cause list for the May Criminal Sessions also includes 5
other cases where possession of arms is a secondary count
to robbery.
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AV NEXURE 'B'
THE EMERGENCY REGULATIONS ORDINANCE, 1922.
Regulations by the Governor in Council.
In exercise of the powers conferred by section 2 of the
Emergency Regulations Ordinance, 1922, as amended by the Emergency Regulations (Amendment) Ordinance, 1949, and by the Emergency
Regulations (Amendment) (No.2) Ordinance, 1949, the Governor in
Council hereby makes the following regulations -
Citation.
G.N.A.277/49.
Addition of new regulation 116A.
amended by (6)
REGULATIONS.
1. These regulations may be cited as the Emergency (Principal)
Amendment Regulations, 1950, and shall be read as one with the
Emergency (Principal) Regulations, 1949, hereinafter referred to as
the principal regulations.
2. The principal regulations are hereby amended by the
addition of the following regulation after regulation 116 as
regulation 116A -
"116A. (1) Any person who without lawful authority carries
or has in his possession any bomb, grenade, mine or other
apparatus, machine or implement used, or capable of being used,
he quilty of an offence against there Regulatiore o stall as a bomb, grenade or mine, shall on conviction on indictment
be punished with death,
(2) Any person who without lawful authority uses
or attempts to use arms ammunition or explosive substance
against any person or property, notwithstanding that death or
injury to a person or injury to property is not caused by
such use, shall be guilty of an offence against these regulations
and shall on conviction on indictment be punished with death.
(3) A prosecution for an offence under this
regulation shall not be instituted except with the consent of
the Attorney General."
COUNCIL CHAMBER,
1950.
Clerk of Councils.
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INWARD TELEGRAM.
TO THE SECRETARY OF STATE FOR THE COLONIES.
Cypher (0.T.P.)
COPY FOR REGISTRA it
FROM HONG KONG (Sir A. Grantham)
D. 10th June, 1950.
R. 10th
#
07.30 hrs.
PRIORITY
No. 652.
151
Secret.
My secret savingram No. 56.
14807/15
Penalties for possession of and use of arms.
I regret that an amendment is necessary in draft amending Emergency Regulations attached as Annexure to "B. Words "be guilty of an offence against these Regulations and shall should be inserted after word "shall in proposed Regulation No. 116 A (1). Ends.
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11
We
MEMORANDUM ON FOLIOS(4), (5) and (6) on
14237/15.
7
2.
دیا
3.
A
Folio (4) replies to (15)/49 in which the Secretary of State expressed his views on Ordinance No. 40 of 1949 (the Emergency Regulations (Amendment) (No. 2) Ordinance, 1949 behind
-
(12)/49.) The Governor forwards with his despatch a memorandum by the Attorney General on the points raised by the Secretary of State and asks that Ordinance No. 40 of 1949 should now receive non- disallowance. Legal Department will no doubt wish to consider this memorandum.
·
ميا
(5)
In Polio (8) the Governor describes meetings of Executive Council on the 16th and 23rd May at which general discussions took place on the incidence at the present time of unlawful possession of arms in the Colony and on the use of grenades. At these meetings consideration was given to the methods to be adopted to reinforce measures (a) against possession of arms other than grenades and (b) the tendency to employ grenades.
-
As regards (a) the Governor describes a proposal made in Council that corporal punishment should be employed to a greater extent upon
I conviction for possession of arms even when such an offence is unaccompanied by another offence. He describes the present state of the law which regard to flogging in paragraph 5 of (5). In paragraph 10 he explains why he thinks that the extension of corporal punishment is necessary, taking into account the recent reaffirmation by the Minister of State that H. M.G. consider it I desirable to end the use of whipping and flogging
in Colonial Territories. In paragraph 6 he
corporal punishment_explains the statistics of flogging attached as draws attention to
4.
annexure A to (5) and ekowe the marked increase in the number of cases coming before the Supreme Court in which whipping (not flogging) was such administered. He considers that the number of cases may well continue to increase. For this reason he considers that Magistrates should be empowered to administer corporal punishment and implies that he would be grateful for speedy consideration to be given to the Emergency (Administration of Justice) Regulations which are referred to at (4). h. Folto (4) will therefore have to be considered conjointly with (5). He asks (in paragraph 10) "that I may have your concurrence in taking legislative action necessary to give effect to the proposal discussed should the situation in the future demand of my so doing." 10 Mr. Porch as well as Legal Department will have to be consulted in this connection.
As regards (b) above, annexure B to (5) ame contains the text of a new Emergency Regulation# which the Governor proposes to introduce. This is No. 116A "to render punishable with death the possession of any bomb, grenade, mine or other apparatus, machine or implement used, or capable of
/being
(6)
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زا
6.
7.
being used as such and further to provide that use or attempt to use without lawful authority arms, ammunition or explosive substance shall also be punishable by death notwithstanding that death or injury to a person or injury to property is not caused".
The death penalty is mandatory, but a prosecution under this Regulation "shall not be instituted save with the consent of the Attorney General". The Governor's reasons for wishing to
introduce this Regulation are set out in (5), (Anal 104) which also describes the present state of the law with regard to the possession of grenades etc (see paragraph 7).
Regulation 116A stems from Regulation 116 which was one of the Regulations recently put into force to cope with the recent bomb outrages, (Vide Telegram No. 495 Secret from Hong Kong, paragraph 5,
11) on 54496 enclosed.) This Regulation renders liable to imprisonment for life anyone who is (a) in possession of arms (b) unlawfully carries arms. It was decided by Mr. Cook (minute 2575 on 54496) that since this Regulation was much less Bever than that permitted in Singapore there was no question of challenging the Governor's action. However, the Governor was werned (vide (20) on 54496) that if he wished to introduce the Regul. tion similar to the Singapore Regulation the Secretary of State would wish to be consulted before the Governor was committed.
This draft Regulation will obviously have to be compared with the Malayan and Singapore Regulations (the Governor refers in paragraph 7 to Regulation 4 of the Malayan Emergency Regulations). I attach the relevant files (52849/2/48 and 50, which, to avoid further delay, I have not studied) and I am indebted to Miss Gaved for the "guides" to them which I have attached as annexures A and B to this Memorandum,
J.J. Andersm.
13th June, 1950.
I
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Annexure A.
Mr. Anderson.
Carrying of Arms. Mandatory Death
nalty.
Federation of Kalaya.
I attach a copy of the Federation of Malaya Emergency Regulations, of which Hus, 4-flagged) refers. He should be glad to have this back as soon as possible, as it is our only correcteù and up to date version.
See (31), (32), (41) and (42) (flagged) of 2840/2/48, and minutes of 8.7.48.
Joan A. Saved
13.6.50.
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Anderson.
Mr. AD849/2/50
Annexure B
As file)contins the complete story of the Singapore
ncy Regulation against the carrying of grenades. A.1 the papers refer, except (14), (15) and (17). The text of the
Regulation is at (2). (4), Paras. 3-4; (6), Para. 2; (10), the whole contain the Governor's principal arguments in favour of the Regulation, in so far as they are likely to be of interest to Hong Kong Dept. Our principal arguments against are at (8); see also the S. of State'à consent in (12)-(13) and Governor! reply at (16).' Minutes of 6.4.50. 18.4.50 and of 5.5.50.- 6.5.50. refer.
I am sending on separately papers on the Federation of Malaya Regulation against the carrying of arms..
Joan A. Gavel.
13.6.50.
11
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40
Melaya- death penalty.
In Imalaya any person in unauthorised possession of firiares,
ammusictim or explosives
5(1) Any person
pussin in
of Rag 4
who
shall on conviction be permeshed with death"
consorts with or is found in the expany of anothe
or with penal
porrsion of arms, armvunctio or explosives in catravention
shall be hable to be punished with death, seoritede for life a ukipping?
Any person who demands collects or reassured any aupplies (mang,
food, drink, clotheip, mble, ten or othe valuable commoditis, any
•Ang...
or other medical supplies
medicine instrument for printing, typewriting
prejudicial to public
shall on
conviction be
~ dupleeating) to be used in a manner
safety
msenterance of public order
punished with death.
Hong Kong,
It is proposed to add Reg 116 A making any person who is in
unathoused possession of a bomb, grenade,
more ate
attempts to
ammunition ate (even though death on injury is not caused),
quilty of an offence
+ m
uniiction pumectable in the death.
In additive there use tmergency (Capital Panichment) Regs in
draft form. Horder there draft rego
a person
(a) (i) commetting robbery, broking & entering a burglary
1
a damaged
ATTA
entering or hurglary in a destergad
and stealing for destinynd, dawaged or vacated premise
a (iii) against commits
Damage Orch
offence against any presccion of the Incheons
a (iv) endeavours to force a safeguard, shell suffer
death
felon
(b)
assists He
enemy.
(C)
traffers in ams
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1 =)
\-j
(d) cames are
ammination (provided
wmation person shall be cominated
of the endince consists solely that a search of
his
discovered the
ansence of
was a ammusicton thereon).
(e) certain serams affinus apist specified in the Offence, against
He Perm Grd 1865 & the malicious Damage And 1865
shall suffer death as a
felon
2 stages an emissaged.
affenues
mated
by
He Emergency Innerpal Regs which will in
He first instance be punishable with imprnment for life on the
penalty
the situatia deteriorates the same offences will be made
y+ If the
punishable with death by Punchment) Rego
+
fresh ect of Emergency (Capital
there will be select to approval by the Leg 6o.
t lists of penalters under they offences against the lessons Ord 1885-
(4) Matisson, Ramage frd 1865
- given in and B2 to (4) [F/M.]
HPHall,
20/6.
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t..
INWARD TELEGRAM.
TO THE SECRETARY OF STATE FOR THE COLONIES.
Gode"
FROM FEDERATION OF MALAYA (81r H. Gurney)
D. 5th May, 1950
R. 5th
14.30 hrs.
No. 413 Confidential
Addressed to 5. of 8.
Repeated to Commissioner-General No. 153
"t Governor Singapore by bag
*
My telegram No. 386.
Following is text of new Regulation:-
"(1) Any person who demands collects or receives any supplies from any other person in circumstances which satisfy the Court that he intends to or is about to act, or has recently acted, in a manner prejudicial to public safety or maintenance of publio order, or that the supplies so demanded, collected or received are intended for the use of any person intending or is about so to act, or has recently so acted, shell be guilty of an offence against these Regulations and shall on conviction be punished with death.
(2) For the purpose of this Regulation "supplies" include money, food, drink, clothing, rubber, tin or other valuable commodities, any medicine or drug or other medical supplies and any material or instrument or part thereof for printing, type- writing or duplicating words or objects in visible form".
2. It is also proposed to extend the present definition of #harbours" in Regulation No. 6 A. to include the supplying of valuable dammodities, medicines etc. and printing and duplicating materials ind equipment, The existing penalty in this case (imprisonment for not exceeding ten years) will of course be left unchanged.
J
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NOTES OF THE MEETING WITH THE GOVERNOR
OF HONG KONG HELD AT 2.30 p.m.
ON 28th JUNE, 1950.
PRESENT:
Sir Alexander Grantham (Governor of Hong Kong)
Mr. Paskin
MI.
Sidebothum
Mr. Chinn
Mr. Hall
Mr.Gidden
Mr. Fairclough
1. Whipping of Juvenile offenders.
Mr. Chinn said that the Culonial Office had to defend a state of affairs in Hong Kong which it appoared was extremely difficult to defend. Tho number of whippings of juvoniles in Hong Kong was considerably more than the total for all the rest of the Colonial Empire put together and questions were liable to be asked in the House and later, when the statistics were available to them, in the United Nctions.
The figures gave a false impression that Hong Kong had a very bad juvenile delinquency problem. This was not in fact the case - 80% of the whippings were for offonces in connection with street hawking and the culprits were not "bad boys" but were merely earning their living in the traditional way and in the only way they knew. Mr. Chinn however appreciated the reason for the legislation having seen the overcrowded state of the streets of Hong Kong.
In the
The matter had been considered by the Treatment of offenders Sub-Committee of the Social Welfare Advisory Committee and attempts mado to find some alternative to whipping juvenile street hawkers. ond the Sub-Committee had made the negative recommendation that the punishment of such hawkers should be suspended for six months and an effort made to see if the streets could not be kept at least us clear as at prosent by the polico moving hawkers on.
The Governor pointed out that if this word attempted and failed to keep the streets tolerably clear. and Hong Kong were committed not to punish the hawkers for six months an additional burden would be placed on the already over-burdened police force. Ho agreed howover that the suggestion was worth considering and after further discussion in which the practico adopted in Jerusalem under similar circumstances was mentionod it was AGREED that the Governor would write to Mr. Nicoll on the matter and also inform him that a despatch was to bo expocted from the Secretary of State suggesting that the experiment of suspending punishment for hawkers for six months should be tried.
/2.
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X
2.
Emergency Regul-tions in Connection with the
Possession end use of rms.
1
Briefly the Governor's sug ostions were that
roviding
Regulations should be introduced
(i)
(ii)
(iii)
the death penalty for possession of offensive
wespons (such as gronados, bombs etc.) end for the use of Ims
flogging for the possosein of arms
no prosecutions under (i) and (ii)
without the consent of the ..ttorney Gener 1
Death Penalty.
Mr. Paskin said that the Secretary of State would require very cogent reasons to justify the introduction of a mandatory death penalty to which he had a reed, with very great reluctance, in the case of Singapo e.
ப
In that connection he had raised the question whether the death penalty w as of any use unless the culprits could be apprehended, whether one effect of its introduction might not be to make culprits even more difficult than at present to apprehend.
Mr. Chinn said that his experience of the use of the acrth penalty in such cases in Palestine was that it was completely ineffective. It was casy for weapons to be piented in order to get rid of oonants; real terrorists co ld not be frightened off by this or any other n lty cad, in Palestine, its introduction had caused repric-ls by the terrorists. Mr. Gidden thought that the death Dualty bad not been effective in Maloya,
The Governor said that the situation in Hong Kong differed from that in Malays und Palestine in that bonb incidents in Hong Kong were not the work of organised rrorists but were tho work of poople who hoped to ingratiate themselves with the Communists by throwing bombs. He thought that such people would certainly be deterred by the death penalty although he ogre.d tut professional gun-men (of which there were also meay in Hong Kong) would not be deterred. The Governor then pointed out that it was not the intention to bring the kogulations into forco immediately but to enact cad publish thom (this would act as a warning) and to keep them in r.surve for bringing into force if and when necess. Iy; hu clso emphasised that no prosecutions could be instituted without the ttorney General's conscnt.
Flogging.
Mr. Paskin said that apart from instituting whipping es a punishment for the possession of arms it was also proposed that the Supreme Court (which had power to
rescribe flogging with the "cat") should be asked to prescribe this punishment in scrious cases of poscuɛrion of arms if the incidence of such cases continued to increase.
(i)
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It was proposed:-
(1)
(11)
that the use of the cat by the Supreme Court shall
be revived and given a trial (probably for about a year)
if this proved effective in reducing the incidence
of cases of arms carrying the power of awarding corporal punishment by "cat" or cane under
Emergency Regulations would be given to Kagistrates.
Mr. Chinn said that this proposal of the Governor's raised a very difficult matter. A Circular dospotch was at present being prepared for signature by the Scertory of State in which the completo abolition of corporal punishment was recommended. It would be sugested to the Secretary of State that he might say that he roolised that this would not be possible immediately in all cases but that whore it could not be done immediately only the Supreme Court should have power to order corporal punishment. Mr.Chinn went on to say that he folt very strongly that flogging was wrong in principlo quite apart from the fact that he also thought it was ineffective; he further felt that the Treatment of offenders Sub- Committee would react violently if thoy word informed that flog ing had been re-introduced in Hong Kong and he referred to one member of this Sub-Committee who had considerable experience of Emergency situations and was nevertheless completely against flogging.
-
thought
In discussion the point was made that Hong K ng was not proposing to go as far as Malaya in this matter where the death punalty could be awarded for the possussion of any arms. In this connection Mr.Chinn seid tant public fooling against flogging was likely to bo suronger than against the death p nalty ho th ught ing to the fact that th ro was something demeaning to the humen personality about flogging. A further point made by Mr. Chinn in discussion was that in his viow crimes of violence could not be stamped out by "1g lisod violence" hor did he think that crime of any sort could be stamped cut by purely repressive mocsuros; all the evidence of the lost fow years printed t the ineffectiveness of flogging as a form of punishment.
The Governor said that despite all the arguments against his proposals he still wished to press strongly for the introduction of both flogging and the death penalty in connection with arms offencus. Ho emphasised that the situation in Hong Kong was quite abnormal, that the Colony was flooded with erms end more wero coming in, there were many professional gun-men in the Colony who lived by their wits and that in his view the ordinary citizen should be protected from trrorisati n by such gangst rs, Hong Kong thu ht that flogging would be effective and they wanted to try it out; if it was not effective after say a year's trial they would not ask for its continued use.
It was agreed that this matter would have to bo ut to higher authority for settlemant.
/Death
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Death Penalty for other offences.
Mr. Hall said that an amendment to the Principal Emergency Ordinance making it clear
that the death penalty could be imposed had
beon received from the Governor and that the Colonial Offico had asked for detailed information on the offences for which the death penalty was to be umployed. The reply which had now been received was
that the object of the amendment was to enable Rogulations to be modo in a state of real Emergency which would provide the death penalty for all offences for which under normal circumstances life
imprisonment could be imposed. As for as bo know it was not the intention that the Regulations should be mode at prosent but rather that they should be kept in draft for uso in a real emergency. The outstanding actin was to signify non-disallowance of the Ordinance amending the
incipal Ordinance.
Aftor discussion it was AGREED that information should be sought as to whether in fact the Regulations wore to be kept in draft and also that it
should be put to Hong Kong that the imposition of tho death penalty by reference to other legislation was objectionable and that specific offences for which it was to be imposed should be detailedin the Regulations.
0.0. /10472/50
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NOTES OF A MEETING IN THE SECRETARY OF STATE'S
ROOM ON 4th JUN, 1950.
IC
Present:
Secretary of State
Parliamentary Under-secretary of State.
Sir A. Grantham
Sir Charles Jeffries
Mr. Paskin
Mr. Sidebotham
kir. Chinn
Mr. Hall
EMERGENCY LEGISLATION IN HONG KONG,
The Secretary of State enquired whether it was necessary to
declare a state of emergency in Hong Kong before these regulations came
into operation. Kr. Faskin replied that the Hong Kong Emergency
Ordinance was different from that in Kalaya and Singapore and in the
United Kingdom, and that under it it was not necessary to declare a
state of emergency.
Sir C. Jeffries added that to declare a state of
emergency might be regarded as provocative to China, and Kr. Paskin said
that it would also possibly create unnecessary alarm and despondency in
Hong Kong itself. The Hong Kong Emergency Regulations were so framed
that it was not necessary to bring all the regulations into force at
the same time, and regulations concerning a particular form of emergency
only could be brought into operation as required. For example, when
the grenade incidents occurred at the end of April only those regulations
affecting the carrying of arms and offensive weapons were brought into
operation. The Secretary of State said that before emergency regulations
were brought into operation he considered that adequate publicity should
be given and that all available means to achieve this end should be used,
e.g. publication in the press, posters and possibly the radio.
Sir A. Grantham replied that they would certainly do this as the more
widely they were published the more likely they were to be a deterrent.
The Secretary of State enquired whether the definition of
"apparatus, machine or implement used or capable of being used" was
one which would be understood by the average person.
Sir A. Grantham
/thought
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-
Al
thought that it would be understood and had been phrased to cover such
things as home-made bombs. Prosecution for an offence under the
regulation could not be instituted except with the consent of the
Attorney-General, and this would enable the Attorney-General to decide
whether a home-made bomb was sufficiently lethal for a prosecution to be
made under this emergency regulation or under some other existing law with
a less severe penalty. Mr. Cook suggested it would be inadvisable to
try to define the apparatus etc., too closely as this might leave loop-
holes in the definition.
The Secretary of State stressed that it was important that it should
be obvious to everyone that the regulations were emergency regulations and,
therefore, only to be used in an emergency. The emergency should have a
beginning and an end, and when the emergency no longer existed the
regulations should not remain in force and thereby become a part of the
"normal law". Mr. Faskin pointed out that in the peculiar circumstances
in Hong Kong it was possible to have a "particular" class of emergency, and
when that emergency came to an end, the Gazette notice which had brought into operation the particular set of regulations concerned could be cancelled
and the regulations would then cease to be operative. It would also be
possible, when bringing a particular set of regulations into operation, to
specify a time limit and if, at the end of that time limit, the emergency
still existed, the regulations could be extended by a further notification
in the Gazette.
The Secretary of State suggested that it might be advisable for the
colonies in the Far East to follow the same pattern of legislation.
&
Mr. Paskin replied that Lalaya had introduced mandatory death penalty for
the carrying of arms about two years ago, and that Singapore had recently
introduced similar legislation. The Hong Kong proposals did not go as
far as this. Sir A. Grantham said that it was proposed that the penalty
for carrying a bomb or grenade should be death, the use of arms (whether
injury was caused or not) should also carry the death penalty, but in both
cases the consent of the Attorney-General was necessary before a
prosecution could be undertaken. This was an added safeguard.
Attorney-General would examine the circumstances of each case and advise
The
/whether
1
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(
whether the prosecution should be under the emergency regulations or
under the existing law (which would carry a lesser penalty).
The
Executive Council had considered that it was not fair to leave it to
the judges to decide whether to impose death or some lesser penalty;
this was a decision which should lie with the executive and not with
the judiciary. The Secretary of State referred to the danger of arms
being planted on an innocen: person and asked whether the accused could
be represented and his case argued before the Attorney General.
Sir A. Grantham replied that the Attorney-General could make whatever
enquiries he liked, and it was to safeguard against such contingencies
that the Attorney-General's consent was required. If there were any
extenuating circumstances he would not consent to the prosecution.
addition, the court would also go carefully into the case and consider
whether there were any extenuating circumstances. Even if the death
In
penalty was imposed it was subject to confirmation by the Executive
Council. Mr. Cook enquired what would happen if the accused could not
afford to be represented. Sir A. Grantham replied that in that case
the court can assign counsel for the defence. Mr. Paskin pointed out
that these proposals differed in two main respects from those in
existence in Singapore and Malaya. The Singapore/alaya regulations
did not require the prior consent of the Attorney-General before a
prosecution could be made, and in Hong Kong the death penalty was
prescribed to a more limited extent (i.e. the possession of bombs and
grenades, whereas in Malaya and Singapore the possession of any firearm
made the person subject to the mandatory death penalty),
The Secretary of State agreed that the proposed regulation 116 (a)
could be made provided it was clear that his prior approval must be
obtained before the regulation was actually brought into operation,
and that when it was brought into operation it should only be operative
for a specified time.
FLOGGING,
The Secretary of State said that the established view was that
flogging is not a deterrent. It is worse than imprisonment and by
brutalising the person concerned makes an enemy of society for life.
/In
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In addition, it brutalises the person, who has to carry out the logging.
We had promised to bring it to an end in colonial territories. While,
therefore, we did not wish to keep from Hong Kong any steps which were
essential, it appeared inconsistent to take steps to reimpose flogging in
Hong Kong at a time when we were asking all colonial territories to bring
it to an end. Mr. Paskin said that flogging was already a part of the
law of Hong Kong, but it had fallen into disuse. The Governor's proposals
were that in view of the outbreak of lawlessness and bomb outrages, and
the big increase in the carrying of arms in the Colony, flogging should be
reintroduced for an experimental period. The Secretary of State commented
that it would be impossible to decide whether flogging would have any
deterrent effect in such cases or not. Sir A. Grantham said that he
thought that to the square mile, Hong Kong had a higher proportion of
gangsters than anywhere else. Many of these were professional thugs,
sent out by the Nationalists to operate against China and told to fend for
themselves. Not being very successful in south China they had come to
Hong Kong, and unless severe punishment was awarded to them they would
intimidate the citizens of Hong Kong. The problem would be discussed
with the judges, welfare officers, Attorney-General and others, and if,
after a year it was found that the reintroduction of flogging had not
been a deterrent, he would not press for its continued use.
The Secretary of State said that during his visit to lalaya he was
informed that the only deterrent against terrorism was deportation.
Sir Charles Jeffries confirmed this and said that, in fact, the only
deterrent was to catch the criminals. The Secretary of State thought
that we should adopt a similar policy in all Far East territories.
Flogging was not being used under the emergency regulations in Kalaya and
Singapore and what made the Hong Kong proposals worse was that Hong hong
was not under such pressure as Malaya. The offenders in all the
territories would presumably be Chinese and he did not think the Chinese
in Hong Kong differed much from those in Malaya and Singapore.
pointed out that the proposals in Hong Kong did not go as far as those in
Malaya and Singapore where the death penalty was mandatory for these
offences. Mr. Sidebotham said that if the Governor withdrew the flogging
proposal would there be the same objection to lower courts imposing
Mr. Paskin
/hipping
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5
whipping under the emergency regulations. He realised that r, Chinn
had strong views on this, but the sentences would only be imposed in
exceptional times. Kr. Chinn said that in the circular despatch which
was under preparation, it was proposed that where it was not possible to
abolish corporal punishment, the power to award such sentences should be
restricted to the High Court. To extend the power to award this
punishment to magistrates would be inconsistent with the terms of the
despatch. Mr. Cook thought that as the punishment was to be introduced
for specific offences, and only to be used in an emergency, there was no
conflict. Sir A. Grantham said that he was only asking for approval in
principle and that if this was given, firm proposals would be submitted
in due course. He did not think that in these cases the regulations
should be published in advance, but they should be enacted and brought
into operation when the situation demanded their use.
The Secretary of State would not agree to the reintroduction of
flogging, but he thought that we could agree to the extension of whipping
on the lines proposed.
WHIPPING OF JUVENILE OFFENDERS.
Sir Charles Jeffries said that this brought us to the case of
Sir A. Grantham said
corporal punishment for juvenile delinquents.
that this problem had been discussed in great detail with the Commissioner
of Folice and social welfare officers, and he had, in fact, written to
lir. Cresch-Jones saying that they would be glad to receive alternative
suggestions. Mr. Chinn said that the Governor's views had been
considered carefully by the Treatment of Offenders Sub-Committee who
had made the negative suggestion that corporal punishment should not be
awarded for an experimental period of six months. The Secretary of State
was informed that in the majority of cases, the punishment had been
hawking
awarded for cases of street walking, and he said that he had understood
that street
hauling
was regarded as the usual Chinese way of life.
After further discussion it was decided that a despatch should be sent
to the Governor suggesting that for an experimental period of six months
corporal punishment should not be awarded in such cases.
Colonial Office.
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14237/15/50
Saving.
Se Secretary of State for the Colonies.
To the Officer Administering the Government of...
HONG KONG
Date....
25 July, 1950
--- IILI
No.
126 Saving. SECRET.
Your Secret savingram No. 56 of 1st June as amended by your telegram No. 652 of 10th June,
1. Regulation 116A
I am prepared to agree that the Emergency (Principal) Regulations may be amended as proposed on the understanding that my prior approval must be obtained before the new Regulation 116A is actually brought into operation and that when it is brought into operation it should only be operative for a specified and limited time to cover the particular state of emergenoy then existing. (The operation of the Regulation can of course be extended for a further specified period if the emergency still exists when the Regulation is due to lapse).
2. Corporal Punishment
1
As you are aware, since the passing of the Criminal Justice Act, 1948, corporal punishment as a sentence of the Courts is no longer permissible in the United Kingdom and it is no longer permissible for any man or boy to be sentenced to corporal punishment except in rare cases of prison offences. The United Nations have passed resolutions condemning the use of corporal punishment in Trust Territories and urging its immediate abolition. In fact the British Commonealth is one of the few remaining groups in which use is made of a system of punishment which has been discarded by the majority of the nations of the worla. I am about to address all Colonial Territories on this subject and will be suggesting that where
/it
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it is not possible to abolish corporal punishment altogether, the power to award it should be restricted to the High Court so as to ensure that it can only be used in the most serious types of offence and to reduce the number of occasions on which it is used and thereby make it easier to contemplate · its eventual abolition.
3. The proposal, therefore, that application might be made to the Supreme Court to prescribe the "cat" on conviction for possession of arms and that, if after an experimental period this proves a deterrent, powers to impose corporal punishment under Emergency Regulations should be given to Magistrates, is inconsistent with the policy I have outlined above, and in these circumstances I feel unable to agree that the "oat" may be prescribed as a punishment, even as an experimental
MOABUTO,
L
I have, however, discussed this problem in detail with Sir A. Grantham and I am prepared to agree that if the situation should deteriorate to such an extent that expedienay may be held to outweigh principle, then extraordinary powers which I would not otherwise be prepared to concede may have to be considered, and magistrates be empowered to award corporal punishment by use of the cane under the Emergency Regulations.
This appears to me to be a case in which the regulations concerned should not be published in advance but should be held in reserve to be made and brought into operation when the situation requires such action, and then only after prior consultation with me,
/5. I would
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Saving.
Secretary of State for the Colonies.
To the Officer Administering the Government of...
Date.......
No....
Saving.
5.
I would wish to see in draft any regulations giving effect to these proposed measures, unless an emergency should arise which would make this impossible.
L
SECER
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Draft 'B
+
TELEGRAM/
*
2d 16
• SAVINGRAM
File No.
11
14237/10/57
To:-
• The word Priority may be entered here, if necessary.
Sent.
O.A.G.
EON TONG
C. D. 22 JUL
Repeated to:-
அ.
Mr. Hall 7/7
Mr. Chian 87
Mr. Dale
47
Sex minute.
8.7
Mr. Sidebothan 1577.
Priority-
Jim Park 10
Si c. Jeffijas Permt. D.SU s.
XParly. U.S. of S. 21
1017 1917
Nil.
Reply urgently required.
Important.
XS.
S. of S.
21/7
at mere
Immediate. Most immediate.
ст
(5)
(6)
hours.
.194..
C. (13)
To be transmitted-
IIN 1050
No. 126
Restricted. Confitentini." Secret,
Top beers! and Persona).
(The operation of the Regulation can of course be extended fra further specified period if the emergency exists whim whe
snill
Repulation is due to lapse).
Distribution
Further action :-
11 13558881 50m 949. Wa & Co. stİB
Your Secret savingrem No. 56
of lat June
of 10th June.
as amended by your telegram No. 652 / Regulation 116A.
the
I am prepared to agree that Emergency (Principel) Regulations may be amended as proposed on the understanding that my prior approval must be obtained before the new Regulation 116A is actually brought into operation and that when it is brought into operation it should only be operative for a specified and limited time, to cover the particular state of emergency then existing. 2 Corporal Punishment,
As you are aware, since the passing of the Criminal Justice Act, 1948, corporal punishment as a sentence of the Courts is no longer permissible in the United Kingdom and it is no longer permis sible for any man or boy to be sentenced to corporal punishment except in rare cases of prison offences. The United Nations have pessed resolutions condemning the
/use
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use of corporal punishment in Trust Territories
and urging its immediate abolition. In fact the
British Commonwealth is one of the few remaining
is inade
groups which we use of a system of punishment
which has been discarded by the majority of the
nations of the world. I em about to address
all Colonial Territories on this subject and will
be suggesting that where it is not possible to
abolish corporal punishment altogether, the
power to award it should be restricted to the
High Court so se to eneure that it can only be
used in the most serious types of offence and
to reduce the number of occasions on which it
is used end thereby make it easier to
contemplate its eventual abolition.
3. The proposal, therefore, that application might be made to the Supreme Court to prescribe the "cat" on conviction for possession of arms and that, if after an experimental period this proves a deterrent, powers to impose corporal punishment under Emergency Regulations should be given to Magistrates, is enti inconsistent with the
And in this canes prat
I
policy I have outlined above,
above,
immable
I-om-thexefore
not prepared to agree that the "cat" may be
&
prescribed as a punishment, even as an experimental
measure.
I have however discussed this problem in detail with Sir A. Grantham and I am prepared
to agree in principle that when a state of emergency exista Magistrates might be empowered to award corporal punishment by use of the "cane" under the
Emergency
inkiifu
opporschi.
shut
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}
3
4. I have, however, discussed this problem in
detail with Sir A. Grantham and I am prepared to
if
shankh
agree that when the situation has deteriorate
to such an extent that expediency may be held to
outweigh principle, then extraordinary powers
which I would not otherwise be prepared to concede
may have to be considered, and magistrates be
empowered to award corporal punishment by use of
the oane under the Emergency Regulations.
This appears to me to be a case in which the
regulations concerned should not be published in
advance but should be held in reserve to be made
and brought into operation when the situation
requires such aotion, and then only after prior
consultation with me.
5. I would wish to see in draft any regulations giving effeat to these proposed measures, unless an emergency should arise which would make this impossible.
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Our Lof: 14237/15/55
r Fof: Coarctariat ile
10. /ER.II
HOND PRONG
ΠΟ
m. 4
SECRA
BY AIR BAG
12
Colonial Office,
The Church liɔuno,
Great Smith treat,
TORDI, 8.1.2.
25 July, 1957
Sir,
I have the honour to refer to your secret despatch No. 15, datod the 25th May, 1950, on the subjoot of the morgency Regulations (Amendment) (18. 2) Ordinance, 1949. In view of the explanations contained in the cmorandum enclosed with your despatch, and in particular the contents of the two sets of draft regulations also enclosed, I have now to inform you that Não l'ajesty will not be advised to exercise his power of disallowance in respect of this Criiranco.
2. As regards the draft | ogulations themselves, I have no comment on the Administration of Justice regulations. I understanî that the Capital Punish-ent Regulations are to be kept in reserve and would not be brought into operation except in the gravost ozrgongy and thon only if the situation deteriorates and the powers unde: the Fergancy Irinalpal Regulations are found to be inadequate. aven in such cireuztasces I consider that the Capital unishment Rogilations should be brought into operation for a limited period to over the immediate Emergency and then only after prior consultation with no.
3. As regards the form of the regulations, it is most important, in my view, that regulations of thin iinl should be short end easily understood, since any deterrent effect must depend upon its being as widely Imoen as possible that the law provides. In the case of the draft capital finishment regulation the person chon 1 is hoped to deter, by immeain, the gemalty of death, will not Imon that crime is punishable by death and what is not mlors he has looked through the various Ordinances specificû. ith this cathod should be contrasted tin contenta of the Defence (toneral) Regulations, 1939, in forco in the United (ingdom
during the var in which wore omoted in terms the offence - for cxa-ple, looting, fogulis, tions 381 which it was intended to create.
4. On a point of detail, there appears to be some error in regulations 3 and 7. Pogulation 7 maken reach of specified coctions of the relicious Darago Ordinance, 1865, punishable with donth, yet Kogulation 3 also cakes breach of any provision of this criinance punishable with death, but in the circustances specified in Regulation 3.
5. I should be grateful if you would reconsider the draft of the Cenital Funishment Regulations in the light of ry comments above.
I have the honour to be,
Your most obedient, humble servant,
THE OFFICER AD:THISTERING
THE GOTAFILM OF
PET RIG
(Signed) J. GRIFFITHS,
!
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2 dfts
(24534) Wt. 298155532 (2) 10001 12/49 G.S,51,
0.
Mr. Anderson
16/6
Mr. Holl 16/6 - 6/7
Mr. Delo 17/6-8/2
Sidebctham £1/6/187
1917
Mr.
Mr. Paskin
Sir C. Jof! es
C. D.
R. 22 JUL
3.
Permt. U.S. of S.
Parly, U.S. S.
DRAFT A
1
!!!
20/
Minister of State
2117
4 Secretary of State +
Secretariat File
1912 Your Reference No.D/ER. II
DRAFT DE. PATCH
49
Sir,
(4)
0.A.0.
KON KONG
امانه ام
FURTHER ACTION
(12)
49 file
Sex 1420
BY AIR LAG
SECRET
B. Enc
25 JUL 1950
2
I have, etc., to refer to your
secret despatch No. 15, dated the 26th
May, 1950, on the subject of the
Emergency Regulations (Amendment) (No. 2)
Ordinance, 1949. In view of the
explanations contained in the
memorandum onclosed with your despatch,
and in particular the contents of the
two sets of draft regulations also
enclosed, I have now to in orm you
mizendy
that H.M. will not be advised to
exercise his power of disallowance in
respect of this ordinance.
2. As regards the draft Regulations
themselves, I have no comment on the
Administration of Justice Regulations.
I understand that the Capital Punishment
Regulations are to be kept in reserve and would not be brought into operation except in the gravost emergency and then
only if the situation deteriorates and
the powers under the Emergency Principal Regulations are found to be inadequate. Even in such circumstances I consider
that the Capital Punishment Regulations
/should
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J
[
should be brought into operation for a limited
period to cover the immediate Emergency
and then only after prior coneultation with me.
3. As regards the form of the Regulations,
in my view it is most important that
Regulations of this kind should be short and
easily understood,
Capital Punishment Regulations the person
In the case of the draft
+
whom it is hoped to deter, by imposing the
unless hi has
Dive
penalty of death,
to look through
the various Ordinances specified to find mvill #met Karoma
t what crime is punishable by death and
what is not. With this method should be
contrasted the contents of the Defence (General)
Regulations, 1939, in force in the United Kingdom
during the war in which were enacted in terms the
offence for example, Looting, Regulations 38A
which it was intended to create.
sinu any
deterrent
effect must depend upon its bening
4. On a point of detail, there appears to be some error in Regulations 3 and 7. Regulation 7
makes breach of specified sections of the
Malicious Damage Ordinance, 1865, punishable with
death, yet Regulation 3 also makes breach of any
provision of this Ordinance punishable with death,
but in the circumstances specified in Regulation 3. 5 I should be grateful if you would reconsider
the draft of the Capital Punishment Regulations in
be light of my comments above.
I have, etc.
(Signe
02
widely known as possible what the Law
murides.
LODIFFITH8.
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Secretariat: 23/3231/50.
SAVINGRAM
To the Secretary of State for the Colonies.
0.A.G.
From the Cover, Hong Kong.
Date 6th September, 1950.
No. 116
-37|1=13
14237
1.
(11)
SECRET
C.0. Ref: 14237/05 /50
Your secret savingram No. 126 of 25th July.
Proposed Regulation 116A: Whilst appreciating your concern regarding the introduction of an emergency regulation imposing the death penalty and the duration for which such a regulation might remain in force, I desire to urge certain considerations, in particular in relation to the requirement that your prior approval be sought before the proposed regulation 116A is brought into operation.
2.
As you are aware, section 3 (3) of Ordinance No. 5 of 1922 as enacted by Ordinance No. 40 of 1949 requires that emergency regulations which provide for canitel nunishment shall be subject to the approval of Legislative Council and come into operation on such date as may be specified by resolution of Council. The reasons for this procedure are given in paragraph 7 (and in particular in sub-paragraphs (e) and (f)) of the Attorney General's note of 18th May, 1950, which accompanied Sir Alexander Grantham's Secret despatch No. 15 of 26th May, 1950.
Conse-
(4) quently as the law now stands the course proposed in your
(5)
da
3.
paragraph 1 could only be pursued after amending section 3 of the Emergency Regulations Ordinance, 1922, or alternative ly by enacting the regulation at, for instance, three monthly intervals, which, subject to the approval of Legislative Council, would remain in force for a period of three monthe from the date specified by Resolution. It might be that this course would not commend itself to Legislative Council. Apart from the considerations mentioned above, my secret savingram No. 56 may not have made clear that Executive Council had in fact advised that regulation 116A should be brought into actual operation forthwith to combat the state of affairs reported in paragraph 1 of that saving- ram. It was therefore intended that regulation 116A be enacted and submitted to Legislative Council for approval and for the specification of an early date as from which it would come into force.
A.
I am also reluctant that the regulation should be expressed to be in force for a specified period only, because the following considerations appear material :-
At the time that decision has to be taken to re- enact the regulation for a further period the
But re- situation may appear to have improved. moval of the death penalty may well, in the pro- tracted emergency which may be envisaged, be followed by a resurgence of the offences at which the regulation is aimed.
B.
Periodical re-enactment of the regulation, requiring formal approval by resolution of Legislative Council may reasonably be expected to give rise to Communist propaganda calculated to exploit either the removal of the death penalty or its reimposition.
1 * SEP 1950
TRY
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SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date......
No.
page 2
C.
(4)
D.
5.
In the explanatory memoranda concerning the draft Emergency (Capital Punishment) Regulations forwarded with Sir Alexander Grantham's secret despatch No. 15 of 26th May, 1950, reasons for not giving the Courts an option to impose a punishment of imprisonment instead of the death penalty were explained. But it is, of course, the case that the provisions of Article XXXIV of the Royal Instructions would apply in relation to a sentence of death imposed under the proposed regulation 116A.
Limitation in time upon the operation of regulation 116A as proposed, presupposes a condition of sudden emergency, which quickly recedes. In Hong Kong the emergency has been and is likely for some time to remain a continuing one. Thus excessive hesitancy to enact legis- lation having deterrent effect may allow of the establishment of a situation of terrorism and sabotage in the Colony to a point at which it gets beyond capacity to suppress. It should be remembered that imprisonment is no deterrent to gunmen who in their own country hold life to be cheap and who would have no qualms about attempting to follow in Hong Kong the example of the bandits in Malaya.
This matter was discussed again in Executive Council on 5th September in view of the recent increase in crimes of violence involving the use of arms, one instance of which is the deaths on 1st September of Messrs. Luscombe and Leslie, two valuable officers of the Police Force, by the hand of a desperado using a revolver recently stolen from a policeman. In this connection also please see my
on the subject of Nationalist
54/19/50 (15) secret savctivities: Members advised that public opinion
(15)0003 savingram No.
guerilla
would be solidly behind Government if it enacted the proposed regulation 116A. I therefore feel compelled to ask that the stipulations attaching to your consent to the enactment of the proposed regulation 116A may be reviewed and that your authority may be afforded to me to proceed as early as possible with the enactment of the regulation in conformity with the procedure required by section 3 (3) of the Emergency Regulations Ordinance, 1922, as enacted by Ordinance No. 40 of 1949. In that event the assurance can of course be given that when the situation has so improved, that the repeal of the regulation can properly be contem- plated, appropriate and immedite action to that end will be taken.
6.
In the course of the discussion in Executive Council mentioned above, Unofficial Members suggested that the time might have come when mere possession of a firearm, and not only a grenade, merits the death penalty. I am not prepared to go to that length at the present stage but I undertook to place their view on record.
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SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date.
No.
page 3
7.
With reference to paragraphs 2, 3, 4 and 5
of your savingram under reference, draft legislation designed to empower magistrates to award corporal punishment upon conviction of the offences discussed in my secret savingram No. 56 will be prepared and held in readiness. Enactment of such regulations will not be made without prior consulta- tion with you unless an emergency should arise which would make this course impossible.
8.
I shall be grateful for a telegraphic reply
to the proposal in paragraph 5 above.
eph
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SECRET No.26
Secretariat D/ER II
C.0. Ref: 12337/15/50
GOVERNMENT HOUSE,
HONG KONG.
14.
6 September, 1950.
(12)
(5);
Sir,
I have the honour to refer to your Secret despatch No. 49 dated 25th July, 1950, on the subject of the Emergency Regulations (Amendment) (No. 2) Ordinance, 1949, and note that His Majesty will not be advised to exercise his power of disallowance in respect of this Ordinance.
2.
(13) No 116
of 6th Sept. para 2,4 In my Secret Savingram No. 56 of 1st June, 1950, I have, in connection with proposed Emergency Regulation 116A, endeavoured to state the objections to bringing that Régulation into force for a limited period only. Many of these objections appear to me to apply to any regulations imposing capital punishment, but, in the case of the Emergency (Capital Punishment) Regulations other than Regulation 116A (which takes the place of Regulations 5 and 6 in the Emergency (Capital Punishment) Regulations already forwarded), there is one important difference. These regulations will not be put into force unless a much graver situation than that at present existing, arises, and similarly they would only remain in force while such situation persists.
3.
If you consider this will meet the case, I would be prepared, therefore, in the event of additional Emergency (Capital Punishment) Regulations being made, to place on the Agenda of Executive Council at intervals of three months the question whether they should be repealed. It would, of course, always be possible for any member of Legislative Council to raise the same question at any time in Legislative Council.
4.
As regards the substance of the draft Emergency (Capital Punishment) Regulations, I fully appreciate the aspect discussed in paragraph 3 of your despatch under reply. I propose that the nature of the offences should be explained in some detail both in an explanatory note and in the press and that all possible publicity to the fact that they are being brought into operation would be given. I am advised, however, that it is scarcely practicable to enumerate in the regulations themselves all the offences contained, for instance, in the Malicious Damage Ordinance, 1865. In these circumstances it is submitted that the method proposed has the advantage that in any trial the accused will know far more precisely with what he is charged and the Courts will also have the guidance of decided cases on the construction of the most important element of the charge, namely, the commission of the statutory offence. It seems preferable therefore
THE RIGHT HONOURABLE
JAMES GRIFFITHS, M.P.
11 SEP 1950 HEMISTRY
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2
to make no amendment to regulation 3 of the regulations under discussion other than by addition at the end of paragraph (c) of the words:
"other than an offence punishable
under Regulation
(being the regulation which would correspond to Regulation 7 in the draft).
This amendment, I am advised, would remove the conflict to which attention is drawn by paragraph 4 of your despatch.
5.
I would, of course, prefer to consult you before any regulations relating to capital punishment, other than the proposed Regulation 116A, are brought into force. But if a grave situation were to develop suddenly I ask that I may be at liberty, at my discretion, to take steps to bring into force the regulations of the nature under discussion.
I have the honour to be,
Sir,
Your most obedient, humble servant,
Khun
OFFICER ADMINISTERING THE GOVERNMENT.
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!
}
15
SPORDA
14th September, 1950
With reference to our telephons talk this
morning, as arranged, I enclose copies of a secret
savingam and of a secret despatch about certain
proposed emergency regulations, which I think we
shall almost certainly vish to discuss with you next
week, so that you can have a preliminary look at them.
SIR ALEXANDER GRANTHAM, K.C.K.G.
t
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COPY
Secretariat W/X 105/50 Origon, 54149/30 (T.S.).
L/K
SAV INGRAM
To the Secretary of State for the Colonics.
From the officer Adainistering the Goverment, Hong Kong.
Date 6th September, 1950.
110. 115
SECHET AND GUARD.
16
Flease see third sentence in my telegram No. 1000 of 31st August and first sentence in my telegram No. 1011.
Nationalist guerilla activities.
1. Evidence in mounting that the listionalists have during the last two months considerably increased their efforts to organice and stimulate guerilla activities in South China and there is reason to suppose that the Americans are assisting at least financially.
2. Inevitably such clandestine activites in South China are in any case largely based on Hong Kong (although everything possible is done to suppress them) and the recent occupation by the Chinese Communist forces of the islands of the fearl Rivor estuary has at the same time driven those Nationalist irregulars who formally operated on these islands to seek refuge and continue their activities in llong Kong and has deprived the Nationalists of their lost foothold and base on Chinese territory along this part of the China Coast. During the past four years KT guerilla activity has emerged from time to time and always with most disturbing effect on law and order in this Colony.
3. As an instance of these liationalist activities and their repercussions within the Colony, it is significant that of eleven persons arrested in connection with three murders and two woundings which took place in the lies Territories during the third week of August, no less than six admitted to being serving memborg of a liationalist guerilla force operating in the area of the long ong/China border. All six men stated further that under their conditions of service they must supply their own arus. The problem of illicit arms is dealt with more fully in paragraph 8 below.
4. As further evidence of the expansion of Nationalist activities here, I have reliable information that a large number of guerilla leaders have recently arrived here for the purpose of consultation with General Cheng Kai lan, the Nationalist Vice Minister for National Defence.
5.
liot only are liationalist subversive elements now more active here than formerly but "third force" groups are also attempting to gain support for anti-Communist operations, through contacts here. It might be thought that the latter, having virtually no resources or backing at the present time, present no serious problem. in the contrary, their adherents have persuaded then- selves that American financial help is likely to be forthcoming for all dissider groups and in the meantime, they are trying to maintain themselves nere as best they may; that is, for the most part, by robbery and violence.
6. As to the American contribution to the support of these activities my information is necessarily less detailed and positive. But the developments to which I have referred have made themselves felt only since the outbreak of the Korean war and the Truman declaration about the "neutralisation" of Formosa. Furthermore there is strong evidence of co-operation here between American intelligence organisations and the Military Bureau of Investigation and Statistics (i.e. the central Nationalist intelligence agency). it in natural to suppose that the .B.1.S. derives financial support from American sources and thereby in turn finances subversive operations in China. Vany H.B.1.5. ogenta are active here and although some have recently been deport, the task of entirely suppressing such activities by folice action is in
/procent
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page two.
present circumstances impossible or at all events quite beyond our resources.
7. Documentary evidence is available that a Chinese guerilla leader now in Hong Kong has recently made an appeal for funds to Chinese residents in the United States.
8.
In the light of the above developments it is obvious that a situation involving great political embarrassment may at any time arise or be engineered. I have no doubt you will share my deep concern over this aspect of the matter but I wish also to draw your attention to the deterioration in the internal security situation which has inevitably accompanied these developments. Criminals and men long accustomed to seek their ends by violent means are being rallied to a desperate cause, They have little to lose and they have no scruples. Many have to support themselves here by their wits or by violent orine since they are inadequately supported by the organisation or cause for thich they purport to be working. The problem of illicit arma to which reference has already been made, though it is only one of the internal security problems which have recently been aggravated, is one which I view with
articular concern. It will be readily understood, in the light of the preceding paragraphs, that there is a heavy demand for illicit arms, that the inducement to steal or illegally import weapons of all kinda is increasing and that the Police Force are compelled to devote greater resources to the suppression of this typo of orine. In the georgraphical situation of the Colony the Police are in this respect faced with peculiar diɗficulties and it is coming increasingly clear that the deterrent effect of present penalties is far from adequate. It is significant that the revolver with which Detective Sub-Inspector Leslie was murdered on fat September (ace my telegram No. 1011) had been stolen from a Police Constable some two weeks previously.
9. The primary purpose of this savingram is to inform you of a disturbing factor which is assuming increasing importance in the local situation. will be kept informed of developments by telegram.
You
eph
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Ompor 54297/5/50
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
Code
PRIORITY
No. 1073
FROM HONG KONG (0.A.G.)
D. 18th September, 1950. R. 18th
11.30 hrs.
17
Another incident between police and three armed robbers occurred in the New Territories yesterday when I regret to report that Chinese constable Tang Kei was killed. An armed robbery occurred early on 16th September and valuable property was taken. On 17th September the police located the robbers who were armed with guns and hand grenades. In the ensuing fight one robber was shot dead and the other two captured, one of them seriously wounded. All the stolen property was recovered.
2. There were no other police casualties, which were minimised by the use of bullet-proof waistcoats, two British officers being saved from injury by that means.
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BANDIT Leader killed
Bullet-proof waistcoats saved the lives of three British police officers in a clash with three armed bandits in Kwangtung Province, in Southern China and opposite Hongkong, yester- day, said Reuter. The leader of the bandits and a Chinese police con- stable were killed, and the other bandits, one of whom carried a Mills bomb. Were arrested.
17A.
Daily intagraph. 18/9/30
+
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PERSONAL & SECRET
GOVERNMENT HOUSE
HONG KONG.
13th September, 1950.
(13)
dear Parkin
I'my dear
In my secret savingram No.116 of 6th September I addressed you on the subject of the proposed Emergency Regulation No.116A, and I ex- plained why I considered that this regulation should be enacted. In particular I mentioned that public opinion would be behind us if we did enact it and in this connection I enclose a copy of an ediorial which appeared in the "China Mail" yesterday on this subject. There is no doubt that a large part of the population here would welcome the strengthening of Government's hand in dealing with the dangerous situation arising out of the unlawful possession of arms and the use of grenades.
ww
Jum
Wh
J.J. Paskin, Esq., C.M.G.,
Colonial Office,
London.
Enc.
(J.F// NICOLL)
18
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CRIME AND PUNISHMENT
EXTRACT FROM THE "CHINA MAIL" OF TUESDAY, 12th
SEPTEMBER 1950.
are
False alarms may all be part of the day's work for Fire Brigade and Police Force alike. But when they raised by "practical jokers" it really is a serious business. The police here have a tough job tougher than any other organisation. They are doing it singularly well. But it is no joke no joke at all-to send them rushing all over the place as they did. on Saturday night, following a report that proved to be false. It isn't merely a question of wasted energy, still less of mortification of "face." The perils of such incidents in creating a diversion of atten- tion and effort while a gang of gunmen may pick on quite a different district for a coup need no illustration,
The police in Hong Kong have little spare time on their hands. They are kept pretty busy in one way and another, and not least in the preven- tion as well as the detection of crime. From time to time the public is shocked into awareness of the dangers below by some spectacular coup, such as a bank robbery, a raid on a goldsmith's shop, or the shooting affair near Tsunwan. They reveal how bold and desperate are the type of criminals in our midst. They also remind us, by evocation of the spirit of contrast, how relatively peace- ful and placid are the lives of most of us in this overcrowded Colony.
That is not due to the scarcity of men of the criminal class, but to the unceasing vigilance of the police. When these people get away with a sensational coup, it becomes a nine days' wonder. The cases heard almost daily in the Courts make no such im- pression. Very often the re- ports are not even read. Yet they show just as clearly thei type of the enemies of society | who have managed to get here.
!
|
There was a time in im- portant trading centres and ports in this part of the world after the last war when the battle between crime and law and order went to the criminal, and neither life nor property was safe. They were nasty places to live in. A great task had to be done to swing the balance the other way, and it was done. And because it was done, and banks, godowns and shops not to speak of human life- became reasonably secure once more, trade boomed. Conditions were favourable to trade, but demand and supply would not function without basic law and order. But when the police do get on top, they have to stay there, and the battle is always going on.
The percentage of offen- ders caught before or after offences are committed is very high in Hong Kong. Courts and prisons are filled to con- gestion. Those who take the trouble to read the Annual Reports on the Police Force and they are not many-will note that the Police prosecute some 200 cases annually of possession of lethal weapons. Already this year 126 persons have been produced before the Supreme Court who were
ous
arrested in possession of arms, either in connection with seri- crimes or because the circumstances
of their pos- session caused them to be regarded as dangerous per- sons. These do not include minor cases of possession taken in the lower courts, nor Supreme Court cases in which culprits have been ar- rested but the weapons have not been recovered. In each and every case of this serious nature police officers have had to risk their lives. One act of prevention may save not one crime but several.
Questions have been asked as to whether the local Police possess bullet-proof waist- coats. They do, and in every way they are well equipped. But there is another question which does need attention. The real restraint upon the commission of crime consists in the punishments inflicted upon those convicted, more especially those with pre- vious convictions and those convicted of epidemic and |very serious offences, such as the use of weapons.
The significance of the re- curring figures of crime with violence or unlawful posses- sion of arms, is that despite the heavy penalties imposed, there has been no reduction. of Indeed the tendency criminals to use the firearms indiscriminately seems to be increasing. That raises the question of whether the penalties are not still inade- quate, and whether the "cat" and even the death penalty should not be considered. More deterrent penalties could also be extended in cases of serious crime that is less re- current. Last year the Police dealt with more than 153,000
reports. Many were minor of- fences, and many baseless, but they have to be investi- gated. The very large num- bers of minor offences cannot be ignored if this congested Colony is to be maintained under reasonable conditions of freedom from muisance, obstruction and danger to health.
Of this enormous total of reports, only 9,906 came un- der the heading of serious of- fences, of which no less than 44% were detected, which; would be good work even un- der far better conditions than obtain here. But the burden is heavy and the time has come to consider whether it cannot be lightened some- what by taking a realistic view of present circumstances here and making the punish- ment fit the crime.
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X
flue
Draft
File No.
* SAYINGRAM
TELEGRAM/ Jurmediate."
To:-
*
*The word Priority may be encerad hard, if necessary,
GOVERNOR,
HONG KONG
14237/15/
Sent. T
урет
Mr. Hall 20/9
Repeated to:-
Mr. Sidabotham 214
Mr. Paskin
MI
Sir C. Jeffryg
Permt. U.S. of S. Parly. U.S. of
S. of S.
2275
2219
at mid
Priority:
Nil.
Reply urgently required. Important.
X Immediate. X
Most Immediate.
See 20.
To be transmitted
In Glene--
Cypher
TYPEX.)
8 15
hours.
22/4/1950-
No. 1468
Restricted,
Confidential.
X Secret. X
Top Secret and Personal.
RECEIVED
21 SEP 1950:
In Tel. C.D.
(13)
(16)
Defence gal
35c
Juesa conditime are necessary kumbin tineet posible
criters in Putraimint here, but
Distribution -
Your secret savingram No. 116.
Proposed regulation 116A.
In view of recent increase in crimes of
violence involving to use of arms and resulting in
the death of police officers and the disturbing effect
on law and order of guerilla activities referred to in
your secret savingram No. 115 I agree that you may
proceed with enactment of the proposed regulation
116A, subject to the following conditions:-
(i) the regulation will be repealed as soon as the
situation permits;
(ii) if not repealed within six months be necessity
for continuing the regulation in existence will
then be reviewed and my further agreement sought
to continuance;
(iii) if the regulation is repealed my prior approval
2.
must be obtained before it is again enacted.
pukes
I appreciate that the disclosure of condition
(ii) to the Legislature may be undesirable.and 3n these
circumstances I agree that it will be sufficient if
conditions (i) and (iii) are made clear to them, and as
Further action :---
Recirc. for conson of (14)
Wt. 23588882 50m 949 Wa. & Co. sra
regards condition (ii) it will suffice to state in
/continuation
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:
3.
+
continuation of /condition (i) that "in the meantime
the necessity for continuing the regulation in
existence will be periodically reviewed",
Please helpräpt whether you agree
S:CER.
-
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OUTWARD TELEGRAM.
FROM THE SECRETARY OF STATE FOR THE COLONIES.
14237/15/50
Typex
TÓ HONG KONG (0.A.G.)
Sent 22nd September, 1950. 21.15 hrs.
IMMEDIATE
14
No. 1468.
Secret.
Your secret savingram No. 116.
Proposed regulation 116A.
In view of recent increase in crimes of violence involving use of arms and resulting in the death of police officers and disturbing effect on law and order of guerrilla activities referred to in your secret savingram No. 115 I agree that you may proceed with enactment of proposed regulation 116A, subject to following conditions:-
(i) the regulation will be repealed as soon as
situation permits;
(ii) if not repealed within six months necessity for continuing regulation in existence will then be reviewed and my further agreement sought to continuance;
(iii) if the regulation is repealed my prior approval
must be obtained before it is again enacted.
2. These conditions are necessary to enable me to meet possible criticism in Parliament here, but I appreciate that public disclosure of condition (ii) to the Legislature may be undesirable. In these circumstances I agree that it will be sufficient if conditions (i) and (iii) are made clear to them, and as regarde condition (ii) it will suffice to state in continuation of condition (1) that "in the meantime the necessity for continuing the regulation in existence will be periodically reviewed".
3. Please telegraph whether you agree.
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Secretariat file No. 3/3011/46.
CUPLICATE
GOVERNMENT HOUSË, HONG KONG
19A
22September, 1950.
B. 103
49
Sir,
16
4237/4/1/4
I have the honour to refer to your Savingram of the 18th July, 1846, and to Sir Alexander Granthan's despatch No.58 of 17th March, 1950 on the subject of emergency legislation. A short report on the general position for the six months period, 1.8. 1st March, 1950, to 31st August, 1950, is centained in the following paragraphs.
2.
With reference to the Emergency (Principal) Regulations 1949, (Government Notification No.A.277/49), referred to in paragraph 2 of the despatch referred to above, regulations 2, 21, 25, 26, 54, 37, 40, 50, 51, 57, 58, 65, 67A, 98, 109, 116, 117, 118, 119, 120, 124, 125, 126, 151, 132, 155, 154, 155, 156, and 138 have been brought into operation by Government Notifications Nos, A.85, A.173 and A.182 of 1950. The Emergency (Primcipal) Regulations, 1949, have been amended by Government Notification No, A.174 of 1950 and these amending regulations enable the Commissioner of Polios and police officers acting with his express authority to commandeer means of transport and other articles in an emergency and they also aubberize the Commissioner of Police to close and control roads and travel by vehicle and to restrict temporarily movement within the territorial or colonial waters.
5.
There has been practically no requisitiening during this period, only 5 units comprising 2 houses and some land in the New Territories, having been requisitioned for the Army.
4.
On the other hand, there has been a fair amount of de- requisitioning. During the same period a total of 51 units were de-requisitioned, divided as follows :
ArTy
WE RIGHT HONOURABLE
JAMES GRIFFITHS, M.P.
GTR:CBB:ppn
bar olay
R. A. F.
45
1
Hong Kong Goverment 7.
I have the honour to be, Sir,
Your most obedient, humble servant,
J. F. NICOLL.
OFFICER
BRING THE GOVERNMENT.
KA PALE 29 SEP 1950' REGISTRY
.1
:
f
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[
]
Whi
The original "Lice') seperately to the dept. subsequently miškait
√.6. Anderm
-7/8/57
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Typex
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
COMFORTE-ISTRATION
FROM HONG KONG (0.A.G.)
D. 3rd October, 1950. R. 3rd
It
11.30 hrs.
20.
IMMEDIATE
No. 1127.
(19)
Secret.
Your telegram No. 1468.
DERIVED Yelofs
I am grateful for the consideration given to this matter. Regulations enacting Regulation 116A were made in Executive Council today. They will not (repeat not) be published or in force until Resolution of Legislative Council has been passed. I intend that Resolution be moved in Legislative Council on
11th October to bring Regulation into force seven days later.
2. Your paragraphs 1 and 2. The conditions you mention are of course agreed, and effect will be given to them. But in Executive Council, doubt was strongly expressed as to necessity or desirability to mention conditions 1 and 3 or 2 on moving of the Resolution other than to give assurance as you propose that contimance of Regulation 116A in existance will be pericdically revued. In particular, objection was seen to giving publicity to condition 3, which might imply that Legislative Council is subject to your control. You may also think that publicity in terms of condition 3 might in fact occasion embarrassment to you, since assertion might be made that enactment of Regulation 116A has occurred by your direction.
3. In the circumstances, I ask that Resolution may be moved on date proposed and that explanation as to future intentions be confined to assurance that necessity for continuance of Regulation will be periodically revued.
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Draft
TELEGRAM/
*
*The word Priority may be entered here. If necessary.
Tor-
C.O.
GOVERNOR
HONG KONG.
Repeated to:-
Mr..
Hall 3/10
Mr. Sidebotham 4/10
Priority:-
For transmission :--
Mr..
Paskin.
4/+
In Xxxx
Sir
C. Jettonier 4/10 hi gister 9 State 4/10
Permt. of S.
Parly. U.S. of S.
S. of S.
Immediate. VipertamİRACIAS.
Castate
arended)
(20)
Your telegram 1127.
J
File No.
14237/15/50
Appened & Sent. 1800hs
hours.
4/10/101500
No. 1513
berndezzi
Postiolex
Cypher TYPEX
Secret. StepSecretx
RECEIVED 4-OCT 1950
In Tel. C.D.
Regulation 116A.
On further consideration and in view of the
points made in your paragraph 2 I agree that
Resolution may be moved as proposed in your paragraph 3,
(arabady miserated,
but if pressed in Parliament I may have to make
more detailed and explicit statement based on
conditions mentioned.
If therefore
you
should find
Distribution:-
Further action:-
Recirc. to Mr. Dale for conson
of draft below.
yourly
-SECER jullen exploration. lobliged to enter wito kill than
you
I am
dont
have proposes, you will we me
"Take care that
such
pers
explanatio
consistent with those conditines.
WL 21408757 kom 7-48 Wa, & Co. 51/1
Secer.
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OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
14237/15/50
Typex
TO HONG KONG (0.A.G.)
Sent 4th October 1950. 18.00 hrs.
IMMEDIATE
No. 1513
Secret.
Your telegram 1127.
Regulation 116A,
On further consideration and in view of the points made in your paragraph 2 I agree that Resolution may be moved as proposed in your paragraph 3, but if pressed in Parliament I may have to make, as already indicated, a more detailed and explicit statement based on conditions mentioned. If therefore you should find yourself obliged to enter into fuller explanation than you have proposed, you will I am sure take care that such explanation is consistent with those conditions.
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T
Draft
File No.
BAVINGRAM
TELEGRAM /*
• The ward Priority may ba ançered here, if necessary.
To:-
Mr. Anderson 2/11
Hall 2/11
Mr. Sidebotham // Mr. Luke_3/11
Repeated to:-
XXIXA
GOVERNOR
HONG KONG.
نان
KIXXXXXRQUEIX
al ma
Priority -
Sir
Permt. U.S. of S.
Parly. U.S. of S.
XXXXXXXX
S. of S.
Kiosk komedia.
K*XXXXXXXX
To be transmitted :-
In Otearx
fxxxxx
Cypher
отр
14237/15
Remy pl
Sent.F
1315
3/11/5
hours
No. 1632
CODEXXXX
Secret.
KOKSNEKK wubbernuak
(21)/94095/7
(23)/94095/7
See 14253/P.Q.2/50
RECEIVED
3- NOV 1950
In Tel. C.D.
Your Saving No. 93 Secret.
My Saving No. 189 Secret.
Enforcement of Emergency Regulation 7 and possibly
Regulations 6 and 13 to 16.
Your intention to enforce these Regulations is
noted, but you will have appreciated from extract frot.
Official Record (Hansard extract of 25th October) sent
you on 28th October that their enforcement may arouse considerable public interest and possibly criticism here 2.I am confident that you will ensure that they are used
circumspectly, but, before you enforce them, grateful to learn by telegram (to enable me to deal with possible criticism) who the "competent authority" will be and
whether you propose that action under the regulations
in tuch occasum,
will be subject to prior approval by you in Executive
Council.
り
Distribution -
(Copy on 94095/7/50)
Сору
Taken
oprost chil
SECER.
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[456B) WL 32483 800 100m. 11/48 C.N.L.3. 748
17 OCT
ป. เ
14237/15/50
22
C. O.
C
Mr.
Anderson
3/10
Mr. Hall
3/10
Permit. U.S. of S.
Mr. Dale
5/10
Mr.-Sidebotham 7/10. Mr. Paskin
Parly. U.S. S.
Minister of State
13/*
Secretary of State
16110
DRAFT. DESPATCH
HONG KONG
NO.
+
O. A. G.
59
(14)
FURTHER ACTION.
Recen to the Hell H404.
Your Reference Secretariat D/ER II
Sir,
SEORET
78 OCT 1950
P/S
I have etc. to refer to your despatch
No. 26 secret of the 6th September, 1950, on the
subject of the Emergency Regulations (Amendment)
(No. 2) Ordinance, 1949 . In view of the
arguments adduced in paragraphs 2 and 3 of your
despatch:-
(a) that the Emergency (Capital Punishment
Regulations will not be put into force
unless a much graver situation than that at
present existing arises;
(b) that they would only remain in force
while such a situation persists;
(c) that in the event of additional
Emergency (Capital Punishment) Regulations
being made the question whether they should
be revoked will be placed on the Agenda of
Executive Council every three months;
I am now prepared to agree, subject to the
conditions stated in paragraph 2 below, that if
a grave situation were to develop suddenly you
should, at your discretion, take steps to bring
these regulations into force without further
reference to me, though I should of course wish
immediately
to be informed as soon as o6ssible of such
action.
12.
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2.
On the other hand I regret that after
further consultation with my Legal Advisers
(14)
I am still unable to accept the validity of
the argument in paragraph 4 of your despatch
under reference.. Your statement that a press
notice will be issued to explain the nature of
the offences confirms my view that the regulations
themselves will not be understood. It is most
undesirable in matters of the criminal law
especially to have to rely on press notices.
I cannot understand why it is "scarcely practicable"
to enumerate the offences which will be made
punishable by death, if this can be done in a press notice, and in any case I regard an argument of this kind as inadmissible in so grave a matter. It does not seem to be an answer to these criticisms that when at length an accused person stands his trial (i.e. after the offence is committed) his lawyers and the court will be on more familiar ground. As indicated in paragraph 3 of my despatch No. 49 secret of the 25th July, 1950, I consider that the greatest care is necessary in drafting this type of legislation to render it easily intelligible. If it is not, I cannot see how it can be effective, apart from other defects. I regret that I must press you again to reconsider the draft regulations in the light of these observations.
(12)
I have etc.
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14237/15/50
Your Ref. Secretariat D/ER II
HONG KONG
NO. 559
SEORET
COLONIAL OFFICE,
The Church House,
Great Smith Street,
London, S..1.
18 October, 1950.
sir,
I have the honour to refer to your despatch No. 26 secret of the 6th September, 1950, on the subject of the Naergency Regulations (Amendment) (No. 2) Ordinance, 1949. In view of the arguments adduced in paragraphs 2 and 3 of your despatch:-
(a) that the Emergency (Capital Punishment) Regulations will not be put into force unless a much graver situation than that at present existing arises;
(b) that they would only remain in force while such a situation persists;
(c)
that in the event of additional Emergency (Capital Punishment) Regulations being made the question whether they should be revoked will be placed on the Agenda of Executive Council every three months;
I am now prepared to agree, subject to the conditions stated in paragraph 2 below, that if a grave situation were to develop suddenly you should, at your discretion, take steps to bring these regulations into force without further reference to me, though I should of course wish to be informed immediately of such action.
2.
On the other hand I regret that after further consultation with my Legal Advisers I am still unable to accept the validity of the argument in paragraph 4 of your despatch under reference. Your statement that a press notice will be issued to explain the nature of the offences confirms my view that the regulations themselves will not be understood. It is most undesirable in matters of the criminal law especially to have to rely on press notices. I cannot understand why it is "scarcely practicable to enumerate the offences which will be made punishable by death, if this can be done in a press notice, and in any case I regard an argument of this kind as inadmissible in so grave a matter. It does not seem to be an answer to these criticisms that when at length an accused person stands his trial (i.e. after the offence is committed) his lawyers and the court will be on more familiar ground. As indicated in paragraph 3 of my despatch No. 49 secret of the 25th July, 1950, I consider that the greatest care is necessary in drafting this type of legislation to render it easily intelligible. If it is not, I cannot see how it can be effective, apart from other defects. I regret that I must press you again to reconsider the draft regulations in the light of these observations.
I have the honour to be,
Sir,
Your most obedient,
humble servant,
OFFICER ADMINISTERING
THE GOVERN IENT OF
HONG KONG
(Signed) J. GRIFFITHS.
リ
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21
INWARD TELEGRAM
14
TO THE SECRETARY OF STATE FOR THE COLONIES
COPY
CAVATION
Oyplier (0.T.P.)
FROM HONG KONG (0.A.G.)
D. 16th Cetober, 1950, R. 16th
*
H
11.15 hrs.
23
No.1170. Seoret.
Your telegramı No.1513.
Emergency Regulation No.116A.
Resolution was moved at mosting of the
Legislative Counoll on 11th October and pass unenimuusly. Chinese Fress la so far show little interest but an so fur as there has been comment it has been very favourable. English Press strongly supports,
EVED * 1950
JEOLONIAL OFFICET
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リ
OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
7/15/50
Cypher (0.T.P.)
TO HONG KONG (Sir A.Grantham)
Sent 3rd November, 1950.
No. 1638 Secret
13.15 hrs.
Your Saving No.93 secret.
My Saving No. 189 secret.
Enforcement of Emrgency Regulation 7 and
possibly Regulations 6 and 13 to 16.
Your intention to enforce these Regulations is noted, but you will have appreciated from Official Record (Hansard extract of 25th October) sent you on 28th October that their enforcement may arouse
considerable public interest and possibly criticism
bere.
2. I am confident that you will ensure that they are used circumspectly, but, before you enforce them, grateful to learn by telegram (to enable me to deal with possible criticism) who the "competent authority" will be and. whether you propose that action under the regulations will on each occasion, be subject to prior approval by you in Executive Council.
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HANSARD
11 el perabot, 1980.
HONG KONG LEGISLATIVE COUNCIL
819
25
Ordinance, 1949, which was applicable to them came into force. So as regards this category of staff, it is proposed, and the Resolution which 1 am moving his designed, to give effect to the proposal, that staff in that category be granted annual allowances and gratuities er gratia, the allowances and gratuities to be computed according to the provisions of the Pensions Ordinance, 1932, and Regulations embodied therein, but dis- regarding the requirement contained in that legislation regard- ing continuity of service, and this as if the 1932 Ordinance and Regulations made thereunder had not been repealed as in fact they were upon the coming into force of the Pensions Ordinance, 1919.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
THE CHAIRMAN, URBAN COUNCIL, moved:-
That the By-laws made by the Urban Council on the 27th day of September, 1950, under Section 2 of the Hawkers Ordinance, 1935 (Ordinance No. 22 of 1935) be approved.
He said: Sir, under the Marine Hawkers' Ordinance, 1950, which came into operation on 1st October, the Director of Marine became the licensing authority for marine hawkers. As the Urban Council is no longer responsible for the licensing and control of steamship and native craft hawkers, the by-laws in the Schedule to the Hawkers Ordinance have to be revised accordingly,
Advantage has been taken of this opportunity to rescind Appendix II of the Schedule. This Appendix contains a list of streets in which Stall-holder and Fixed Pitch Hawkers may trade, but as the streets have to be changed from time to time for various reasons, mainly for traffic considerations, it is con- sidered advisable to delete this particular Appendix from the Schedule.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
THE ATTORNEY GENERAL moved the following resolu- tion:
Resolved that the Emergency (Principal) Amendment (No. 2) Regulations, 1950, made on 3rd October, 1950, by the Governor in Council under section 2 of the Emergency Regulations Ordinance, No. 5 of 1922, be approved under sub-section (3) of section 3 of the said Ordinance and come into operation on the 20th October, 1950.
(23)
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320
HONG KONG LEGISLATIVE COUNCIL
He said: Sir, all countries have long found it essential to maintain control enforceable as part of the criminal law to guard against unlawful possession of arms and ammunition and explosives such as bombs, grenades or mines. In Hong Kong the necessary substantive legislation is embodied in the Arms and Ammunition Ordinance, which was enacted in 1933 in repeal and replacement of a similar Ordinance of 1900. The maximum penalty for offences against that Ordinance when tried upon indictment before the Supreme Court is 10 years imprisonment; and by reason of the Flogging Ordinance, 1903, corporal punishment may in addition be imposed. Further- more, Sir, by regulation 116 of the Emergency (Principal) Regulations, which was enacted in December, 1949, on convic- tion on indictment for carrying or possession of arms or explosive substance, imprisonment for life may be imposed.
Sir, it is general experience that as an aftermath of war the offence of unlawful possession of arms and explosives becomes more common. This position has been aggravated in Hong Kong by the fact that in the past 5 years a state of war and unrest has unfortunately persisted in Far Eastern countries and thus offences of the type under discussion have been to some extent endemic in the Colony,
But, Sir, it is the case that in recent months offences of this class have increased. For instance, in the last 4 months, that is, June, July, August and September of this year, 42 persons were indicted before the Supreme Court for the offence of robbery with aggravation wherein possession of arms and ammunition was named in the charge. Again, during the same period 46 persons were indicted before the Supreme Court for possession of arms and ammunition. These statistics serve to show that the class of offence under discussion is of serious proportions because it will be realized that while the standard of detection and arrest for these offences is commendably high, yet the number of cases which on the evidence can be brought to trial does not tell the full story since offences of this class, for instance, possession of arms, may go undetected or may be incapable of being brought to trial for insufficiency of evidence, though strong suspicion against persons may be present.
Now, Sir, it is also of course common knowledge that over the past few years, and perhaps more particularly in this year, there have been many cases of persons threatened, injured or killed by the use of arms in furtherance of robbery. Further- more, there have been incidents wherein the public as a whole have been put in fear or danger by the employment of grenades. Again, recent casualties, some of them fatal, occurring among police officers engaged in execution of their duty in arresting armed robbers, are fully in the memory of all.
HONG KONG LEGISLATIVE COUNCIL
321
It is, of course, the case that offences relating to the unlaw- ful possession and use of arms or explosives have upon convic tion after full and careful trial before the Supreme Court, received heavy sentences under the existing law. But despite this deterrent factor, continuance, and in fact some increase of such offences, has led to decision that punishment having greater deterrent effect should be provided by the law of the Colony. In similar situation other countries have by law imposed liability for sentence of death for any unlawful posses. sion of arms. It is proposed for this Colony to enact an emergency regulation adding regulation 116A to the Principal Regulations and the text of the amending regulations made by the Governor in Council is annexed to the Order of Business now before Honourable Members. Honourable Members will see that the proposed regulation 116A does not go so far as to make any unlawful possession of arms punishable with death. But the regulations do provide that the carrying or possession of any bomb, grenade, mine or other similar apparatus shall on conviction on indictment be punishable with death, and the regulations also provide that any unlawful use or attempt to use arms, ammunition or explosive substances shall be punished with death. In addition the regulation stipulates that a prosecu- tion for an offence under the regulation shall not be instituted A except with the consent of the Attorney General. The require- ment of consent implies that, should the facts of any particular case so warrant, a prosecution for unlawful possession of a grenade or uniawful use of arms can proceed as hitherto under the Arms and Ammunition Ordinance under which, as described, the penalty of imprisonment and corporal punishment, but not the death penalty, can result.
Now, Sir, Honourable Members are aware that by Section 2 of the Emergency Regulations Ordinance, 1922, the Governor in Council is empowered to make any regulations whatsoever on the occasion of public danger which the Governor in Council may consider desirable in the public interest. But while such is the case, Section 3(3) of the Ordinance I have quoted, con- tains a special stipulation that where by emergency regulation an offence is made punishable with death, such provision shall require the approval of this Council.
Therefore, Sir, in conformity with this requirement the resolution now before Council is moved, as I now do, to the effect that the Emergency Principal (Amendment) (No. 2) Regulations, 1950, be approved. Furthermore, the same sec- tion, section 3(3), requires that this Council by its resolution shall specify the date upon which the regulations should come into force. The terms of the resolution propose that the Regulations come into force on the 20th October. If the resolu- tion be passed then I emphasize that on or after the 20th October the unlawful possession of a grenade or the unlawful use, or attempt to use, arms, notwithstanding that death or injury to the person or injury to property does not occur, can
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322
HONG KONG LEGISLATIVE COUNCIL
13
cl
result in a sentence of death being imposed upon an offender upon his conviction after trial by jury before the Supreme Court.
I have indicated that the date of commencement, that is to say, the 20th October, is provided for by the resolution before this Council. It will be seen that the regulations provide no provision for the duration of the Regulations including Regula- tion 116A. Thus it will be that the regulation, if this resolution be acceptable to this Council as I urge, will continue in force indefinitely. But it is of course the case that the necessity for continuance of regulation 116A in so far as it imposes a death penalty for conviction of an offence against the regulation will be the subject of periodical review.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
SUPREME COURT (SUMMARY JURISDICTION) AMENDMENT BILL, 1950,
THE ATTORNEY GENERAL moved the First reading of a_Bill intituled "An Ordinance to amend the Supreme Court (Summary Jurisdiction) Ordinance, 1873, and to make provision consequential upon such amendment." He said: Sir, the Supreme Court (Summary Jurisdiction) Ordinance, 1873 pro- vides for a less costly and more expeditions procedure where the subject matter of litigation does not exceed $1,000. This limitation of $1,000 has existed since the enactment of the Ordinance in 1873, that is to say for some 77 years. Having regard to the change in the value of money, consideration has been given to the desirability of increasing the limit so that a wider range of cases may be dealt with in the Summary Jurisdiction of the Supreme Court, and the less costly and more. expeditious procedure, to which I have referred, accordingly made applicable to that wider range.
The proposal is now made that the Summary Jurisdiction limit be raised from $1,000 to $5,000. The object of this Bill is therefore to give effect to this change and it does so notably by clause 2 of the Bill which alters from $1,000 to $5,000 the money figure mentioned in tife relevant sections of the Principal Ordinance.
Sir. the alteration which the Bill primarily proposes neces- sarily requires that provisia be made, as it is by clause 3, for transitional provision governing actions commenced before the Bill upon enactment comes into force. Furthermore, Sir, by clause 4, amendment is proposed to other Ordinances specified in that clause wherein reference occurs to the existing Summary Jurisdiction limit of $1,000.
THE COLONIAL SECRETARY seconded, and the Bill was read a First time.
!!
11
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AT 1153888) 30m 6-19 Wa. & Co. 31/3
DETERRENT TO
ARMED CRIME
CHINA MAIL"
A week hence persons in un- lawful possession of lethal weapons in the Colony will be liable to the death penalty. The regulation comes none too soon. The recent battles with gunmen and the loss of valu- able lives among the Police in the New Territories, the many convictions and cases of crime with armed violence in the past few months, have made it clear that neither the exist- ing deterrents nor the heavier sentences lately imposed by the Courts constitute a suf-standard of detection and ar- ficient curb on armed crime. rest for these offences is re- F The situation is in many ways markably high as a result of są abnormal as to create an the vigilance of the Police, yet it emergency.
the number of cases wherein evidence enabled trial in Court did not tell the full story. It would be a miracle to discover every instance of unlawful possession of arms. ir Many cases, too, may justify strong suspicion but cannot be supported by a dequate evidence.
It is the British tradition to temper justice with mercy. Normally only criminals who take life are answerable to the law in kind. Indeed, since the war the United Kingdom embarked upon an experiment in the abolition of capital punishment, with re- sults not altogether happy The public in general are either for the humanitarians well aware of the increase in or for society as a whole. But crime with violence, if only. as a practical people we have by the way in which a num- to face facts. The war and ber of spectacular instances its aftermath have led to new have been brought forcibly to perils to the law-abiding com- their notice in the Press. munity. Lethal weapons have Public opinion in general un-! been scattered far and wide doubtedly supports this latest in Asia and many other parts and most drastic form of de of the world. In all history terrent, and recognises its ne- there was never such a pro- cessity. fusion, nor have so many men learnt how to use them.
The Legislative Council at the same time passed into law The unrest, disruption, and the amendment to the Jury | uprooting which are so charac- Ordinance, which incorporates! teristic of the time induce the recommendations of the many desperate men to take Select Committee. The to violent crime. Sometimes original amendment called on they are animated by a blind persons qualified for jury ser- vengeance against a society [vice, and their employers, to which has left them derelict. furnish their names and par- More often they are tempted ticulars to the Registrar of the to crime by sheer necessity | Supreme Court. Mr. M.W. Lo and the easy way out. To raised the point that it might such persons even a long term be difficult in some cases for of imprisonment, if they are such persons to determine caught and convicted, can be whether the would-be juror's looked upon almost ELS a knowledge of the English guarantee of existence rather language was sufficient to than a positive deterrent. But satisfy the Court. The point death is so permanent, and was referred to a Select Com- there is no question that this mittee, which later made de- is the supreme deterrent. tailed recommendations.
There are cities like Singa- A provision is now embo- pore, where violent crime was died whereby persons pro- once rampant, which have bably eligible for jury service. been almost freed from this may have any such doubts re- kind of attack upon society. solved. They may write to except in the form of political the Registrar and claim fanaticism. The law has not exemption. Any such claim) thus equipped itself in Hong will, of course, have to be sup- Kong in order to exploit its ported by particulars. Em- new power relentlessly. No ployers who possess similar prosecution for offences under doubts about the qualifica- this new regulation will be [tions of an employee concern- permitted unless it is first ed are also required to make! sanctioned by the Attorney-formal notification of this. General. And even when Jury service is no doubt re- such a case is brought to trial garded with mixed feelings. the normal functions of Judge To many jurors it is some- and jury will be observed to thing of a relief from the ensure that justice is done in common round, to others an the way it is expected to be interruption of business and done in British Courts. But professional duties and a thief| those who contemplate the of time that can ill be spared. use of lethal weapons for But it is an essential and most criminal purposes will now valuable, as well as highly know the risks they take and responsible, service
to the the penalty entailed.
community. It has been dis- The Attorney-General, intributed more widely than his address to the Legislative was the case a generation or Council, cited statistics of more ago-and quite rightly. crime with violence covering In this matter, we feel sure, recent months to show to there will be no lack of sense what serious proportions this of public duty, and exemptions danger to the law-abiding will therefore only be claimed community has grown. He where proper and reasonable pointed out that while the doubts exists.
h
I
F!
13.10
26.
fat.
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1
JAS ..
Thessalonians 3:10.
Arland Grenades
te
The Government has now [1 taken a long debated deci- sion and has legislated to provide for the death penal- ty for criminal use of arms t and for possession of bombs and grenades. The taking of human life is a proposition for careful consideration and!! due solemnity: and there is perhaps room for procedural f objection that enactments of this sort should be by ordinance rather than by regulation. The regulations, however, are based upon the Arms and Ammunition
Ordinance, and the effect is the same. In principle
a
P
SOUTH CHINA MORNING
Reuter.
C
there can be no questioning of the Government's action. The use of arms by cri- minals undoubtedly presents a serious and difficult prob- lem: the recent slayings of Police officers by reckless gangsters shocked the whole s community. As the Attor- ney General says, it is $ general experience that as an aftermath of war the sonably that possession and use of arms one for any good purpose?
he possenses and explosives becomes more common: and these effects rises in the mind is that the The only anxiety that are aggravated in this part regulations should be en of the world by the poli-forceable, and without dan- tical unrest. Special neces-ger of arousing public re sity exists and it is but sentment. Punitive and pre- rational to meet urgent re-ventive measures if they quirements with appropriate fall heavily upon the wrong measures, The regulations people can promote serious discontent: that has been seen in Malaya. It is ac- hc cordingly necessary that thei Sc
frame
can be rescinded notice
at short when conditions justify relaxation.
The most effective method Government
CF
Buch T
of discouraging crimes of regulations in such manner t violence has been a frequent as to avoid creating hard
topic of local discussion. cases.
The accepted remedy has penalty
To make the death b
mandatory
and s to discover that a y
· been the long-term sentence. then In addition, to make the particular offender cannot penalty fit the crime and so in
good conscience
only upon
E
to add to the deterrents. executed is to stultify au- corporal punishment (flog-thority and arouse charges
be F t ging) was adopted. Unfor- of discrimination. Govern- tunately, public opinion in ment has, however, drafted Britain is opposed to flog-the regulations with great ging, as being brutal and futile; and recently the "shall" be imposed on those care. The death penalty objections have been tended to the colonies in ades, mines, etc., but not ex- who possess bombs, gren- spite of the vastly different upon those conditions obtaining: Hong possess arms
who merely kong itself has been men-those who use or attempt to tioned in questions in the use them against persons or House of Commons. Since property. the official purpose must be against hard cases, prosecu- As a precaution prevention rather vengeance, the failure of sent of the Attorney General than tions are to require the opn- both imprisonment flogging must be conceded. able responsibility devolges. and upon whom an unenvi- By the same reasoning, the To reduce further the risk imposition of the death of "misfire," the suggestion penalty for use of arms and is offered that the arms possession of bombs calls for might be specified in more approval because of its de- detail. terrent potential. The gene-dinance a toy gun or a boy's
Under the ral hope must be that the air
Or. criminal classes will be no "arms," since the Ordinance
rifle may rank impressed that the regulations will never be takes cognisance of them. new (or Police interpretation) used. Similar legislation is The regulations state that! said to have had good re.the fact that death or in- W 1982 yom 9.49 Wa & Co.sults in Malaya. Especially jury was not caused does not acceptable is the threat to reduce the offence. It might possessors of These terrible weapons are concession that a weapon grenades. also offer conversely the far too convenient for the reasonably judged incapable community's peace of mind: of inflicting death shall not nor can anyone plead rea-call for the death penalty.
as
Y
13
10
POST
27
btree & alme.
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FOREIGN OFFICE ADMINISTRATION OF AFRICAN TERRITORIES
+
Telephone:
MAYtuir, 7611
↑ $2: 77
Jur referencs:
Your frence:
5-15/5/6(50)
IMMEDIATE
Devonshire House,
28
Mayfair Place,
London, W.1.
£1st December, 196
Dear Somerton, божелой,
Further to our telephone conversation this morning I am writing to let you know that the Crown Agents can only produce one copy of the long Kong Kegulations.
We are procuring this for our une here End should be most grateful if you would send an urgent note to the Government of the Colony,aking them to sand copies of the Supplement (No. A to C zeltu Ro. W) direct to the British Resident, Benghazi, and the Chief Administrators at Tripoli and Eritre.
Many thanks for the lɔ:n of your library cɔNY of the Supplement which I am returning, with this letter.
"Yours sincendy, Any.
(C.G. DRINE)
A. J. Somerton Esc.,
Colonial Office,
Defence and General Department,
The Church House,
Great Smith Street,
LONDON, S.W. 1.
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"
10 Saving.
14237/15/50.
From the Secretary of State for the Colonies.
To the Officer Administering the Government of IIONG KONG.
28 December, 1950.
Date
1313 Saving.
I have received u request from the Foreign Office Administration of African Territories for copies of the Regulations made under the Emergency Regulationo Ordinance, 1922, as published as Supplement No.2 to the Hong Kong Government Gazette No.72 dated Friday December 30th, 1949, 1.0. the Emergency (Principal) Regulations 1949. The copies are required ac models in connection with the preparation of similar legislation in the ex-Italian Colonies now administered by the Foreign office.
No further spare copies of this Gazette Supplement are available here or at the Crown Arents for the Colonies. If you see no objection, and spares are available, I should be grateful if you could arrange for copies of the Regulations to be sent direct to the British Resident, Benghazi, and the Chief Administratore at Tripoli and Eritrea.
DECFR.
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1. Extract from a Note of discussion with
hor. Nicoll held on 30:1:50.
Me hadford.
We have meantly reserved an aduse copy of Emergency Regs which,
Industeed, one with smare in JEA Dyet. When then an similath
could you plan
see him for thing go to mut,
"para 6 of (15)
on the 45 file.
Ahalf 15/2
Tu
point
made
in
para
G 7
(5)
A not
949
met in
the
flagged
المعلمة الله
Emergency
1949.
2.
recently published (tincipal) Regulations,
No. 137 of those Regulations
provides that
they
shall not
Operalim
orders
come wito
Governo
may
Ca
brought into
either wholly
is however
Suspension
until the
Chay
Speration
partly. There
no provision for
short
7
Speration
어
repeal, it. by ordens
نما
5_2.(3) of the
CLA
prounded
1922 Orahianes.
BR
1572
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Mr Barton
I do not know if you have seen the Emerging (Minipal) Flagged || Rags 1945, played in the folder below.
II. Надо
flogged
There are
that they
for use in on
- or parts of them -
Emergency & Leg 137 makes it clear
will not come into operation until a
enspruchensive legs & although such regs are not
notification is given in the Jazgitte.
They
Athe
very
usually exserined by the legal adicces you may wrsider it desceable
Hat someone in the ingal kept shold on there. They may
to other Dept e.s.
ales be of interest
last II Convorstings. auf Rept. Nonation Dept & Communicatin, Dept (the Low)
Part IV Control of haslonus etc. Comms. In Lor
I Trangrat. Legs 62-64
-
Camry . Mr Low,
key 74 Control of Explayout - Sorial Lure but "b", de Foggon
Mr Morgan may
of them hugs
chear that they
also wish to su genually at some later stage.
an inculated for comments I would wish to make it
are Chimer without
Emergency hegs & that H. Kay is in a may exposed & difficult position. It has a "flucturating population", most of when
any loyalty to the Colony. All Chimire forts have attempted to claim Hiking as part of China it is more then likely that the present fort with attempt to achieve this by stirop up internal unrest - the recent tramway unkers strike is an example, & H. Kay : internal cocinity is of the utmost importance & it is evential that the $4.K. fat should have adequate press to deal
internal threat. Any comment on the Regs must in take there special unconstrous into consideration.
in the
Grey
Wall
(the despatch it (15) on the '49 fill should also be
16/
taken into cviidention)
In Dale.
Fam Lorry this has been theft until I returned to the Office, expenally, in the case of
trong không
'as Regus an think often
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-f
are the subyech of PGs by learned Mombers I think it would be most desciable for beque Advisers to Examines
редав thim & I pl
I I hope you will aque.
Mym Bailon
24-2.50.
In Barton
I am a friend we cannot undulate to Gaming
recusations of these discusions - if the Defol-
wishes to have our
advies o
partiman poins we
will let you have it but we can't be responsiber for coming through then whoh est..
(This is
Good illustration of the hind of thing thoden wind when discussing this point in tin hausting
Rego, neunky. If In Co. is to take on Stammation
Of Reas
and lung self do not see the necessity -
I myself
thin shound be
G
local upart to comparative Laber,
any sequined for legislation)
WD.22.3.
!
L
+
Mr. Morgan.
Have you
Please see Part II of Hong Kong Emergency Regulations regarding Censorship. any comments?
Mr. Low.
Please see Part II, Part IV & Part V (Regulation 62-64) of Hong Kong Emergency Regulations. Have you any comments?
Mr. Foggon.
Please see Part VI (Regulation 74) of Hong Kong Emergency Regulations. comments?
Have you any
Generally please see Mr. Hall's minute of
16th February.
Лиш бай
the
24:3.50.
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I am aly directly concered with Regulations 5,6,8,9,10, 11/12, 9, relating to Portal, Telegraflia ah
I
Traxler Consolife. So for alum
жета Свет
Regulatio
I unaing excusation, there
Слов
afficiaty
in line with
the (doff) UK Canashrif Regulation.
16.
a more meticular conforsion
ex should refer
странім
is required
the Regulation 6
the 'slados Comarlaf Orgaciation in
the Home Office. If this is considered
the for shuld veic to
челіс
reccesing
Mr Bruder to
ange
the reference. I should
it-
ray
not neccessing
slice the ur
sently te
to be rut
Draft Regulations une seatly
to the Colmics for information and
comment: and the Gut of Stangling will then have the offortuity of making any
nexcessing adjustments.
The Regulations
25/3/50.
fainly
drastic bu
in view of the connanations mentioned
in Mr. Hall's minute d. 16/2 olgirl to then
Hal score.
Care
стилий
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x
2 platebro
Я во часово клини
Родения
not
are
all
G
whetten Homning
China for message
I suggest, wie of recul
Regulation rexinishing
carrying.
crou to come
Communicati'm
a cornking
should be
ca
nichded aftice Rey 24
possession
in
Раят
Anto. Low
2873.
A
"4 h Yey are quite drankie but am sat Staiceles sportinmals having separed to the ai cumstances in which they would to weed.!
affection
24/3
ho comments, but see un Make on
22/3
7
в
2. Homing pigions, betur how on 20/3,
dlo Bellin might be worth tothing of in a
(They
h
вы
h
are hard for mensager in foalli Cast & Antial tonen.
Прис to my knowledge)
mis Maller
}
ke Balin
31/3
t
the the Comarmed,
X
Homing pegions, Reg 24 (1) says
fl see minutes aboue se Homing pigeons
sand lay post,
or otherwis to
Any
destination....
would not "oothenina" include by Roming pyn?
Ball
3/13
a1
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M? Hall.
I do not think that reg. 24 covers the point raised by M? Low. 'It is time that regulation 24(1) the words " or otherwise" would fully justify a prosecution where homing pigeons are used to convey instinctions for utilising any means of remot communication, or any document on the article secretly conveying any information etc.
Raragraph (3) 87 regulation
24 does not, however, make it an offence to keep homing pigeons; it does not even empower the competent authority to request that honning pigiren be handed over to such author't, an person as may be specified.
M. de Coman
1/4
4.9
13
Y
à Hong Kong - Deop. 38. refer /// wpm - 17:53:50
with
ponit
I have had
Mi Hale
unutes.
seem
dis cursed
a word
about the
in the preceding
We agree
incongruous,
Part
that it would at this stage,
to Hong Kong this isolated
criticisms of
The Emergency Regulations, is that
(Conncipal) Regulations
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י
H
d
they
do
not
t
keeping of homing pigeons
It hough
they would
Cheri
com
carrying
k
any
wage
~1
messages, ulgent asulgent
recios di Barlin
have ? we mglis
drop the point,
Ň Hale
should
Sze
(2).
14/4
Mo further comment. Mr Hall will, no doubt, say
1
Whether any Answer
heared to @ Men Back
yle
лам
i
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I do not think any reply is repiised & there
may be put. J.
нам
17/4 from
Į
ľ
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||
Mr. Sidebotham
m!
This collection of papers about Hong Kong Emergency Regulations was got together in connection with the "inquest" on the question why we had not been informed by the Hong Kong Government of the existence of Emergency Regulations by means of which the disputed aircraft could be detained in Hong Kong. The minutes relating to that inquest have now gone on to Sir T. Lloyd with the relevant "Communications" papers. I do not imagine that this collection of papers relating to the Emergency Regulations will be required but it will be as well to get them together for a few days in case there are.
This win
IIP.
/5th May, 1950.
disposed of
been
from
I had
theme pp
point of vier, there
be dispersed.
Can
M. 18 Hall
Japse. but you should
12/5-
K
In case thom are
JAC
oustanding movie. wammechi with
нов
it offrem & baby that,
wheat [them she may to wanted.
15/5
here
now he put ly
the file retumed to thians
ples
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(15) /1949 file has
Pps. have
not
been
answered
+
been
in
aire. So
that
mir.
}
1 13/2
1949
file
And
wo-
been
1|
noted.
12.G. Fog. 6/5
To Hong Kong - Saw 499
4 Hong Kong
Hany
Q. H
bons
Kholl
Sec. Dev, 15
Rung - ko Sew 56
5 Hang Rung
16/54.
ells
(5. Hong Kong - See. Hel 652 Ply - wefts)
1 MAY 1350
26550
1650
- 10.6:50.
"
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1
M' Hell.
I regret that it has taken
collect the mass of pps
some days to
connected with (4) (5) ~(6).
now attach opposite
in which I have
altempted to
summarize
the issues
raised.
N. B.
54496 (enclosed)
May
be wanted urgently
by Pte. Office in
connexim with a
P. Q.
отмет
the 14th June.
J.J. Anderson. 13/6.
7 Memo by Mr Anderson on (4) (5) or(6)
13: Vi:50.
At (15) on the '49 file the Governor was asked for further information on (a) particular offences for which the death penalty was to be provided and (b) the alternative form of trial. The answers are at (4). The "B" enclosures give details of the offences for which death will be the penalty: they are offences already punishable either with life imprisonment or with imprisonment for a long term, The "C" enclosures concern the alternative forms of trial they are summerised in enclosure C.1 and they will not be introduced unless war is declared or the Defence Force is called up.
-
In view of the very full explanation in (4) we may signify non-disallowance in respect of their Emergency Regulations (Amendment) (No. 2) Ordinance 1949 i. e. (12) on 49 file?
་ །
(5) deals with two issues (a) an extension in the use of corporal punishment and (b) an amendment to the Emergency Regulations to render punishable with death the possession of any bomb, grenade, mine or other apparatus etc. As consideration
of (a) will take time and involves other
Departments I suggest we deal first with the
proposed new Emergency Regulation.
Paragraphs 4 to 7
of Mr. Anderson's Note opposite refer.
The
1
ID (20) on 54496/50 the Governor was informed that "the Secretary of State had very reluctantly agreed to the introduction in Singapore of an Emergency Regulation prescribing the death penalty (without an option) for similar offences. The correspondence is on 58849/2/50 below. Commissioner General, South East Asia fully supported the Governor of Singapore in that instance vide (9) and (11). Paragraph 4 of (5) mentions that the Executive Council made a point that a grenade is primarily an offensive weapon
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and when used can cause considerable damage and injury. The Executive Council's advice to the Governor is given in paragraph 8(1) in paragraph 9 and unless there are legal objections to the new Regulation 116A (annexure B to (5) as amended by (6)) I think that the Governor and Executive Council's advice should be accepted.
(After consideration of (4) and the
new Regulation 116A the file should be recirculated to me for further consideration of the corporal punishment issue).
AfHall
14th June, 1950.
& Minute by Mr Hall on Decell Penalty - Malaya & Hong Kong.
Al
I think the memorandum by the Attorney-General deals fairly with the points we raised on the Ordinance, and in view of the explanations, and in particular the contents of the two sets of draft Regulations, we can now communicate non- disallowance.
On the draft Regulations themselves, the Administration of Justice Regulations seem reasonable. Regarding the Capital Punishment Regulations, it is difficult to comment on these, particularly as they are to meet a situation which has not yet arisen, but as they are evidently to be kept in reserve for serious disorder, and as the offences which will be punishable with death are all very serious offences, perhaps they are not unreasonable. At the same time, I do feel that legislation in this form, which visits with the death penalty a mumber of offences mostly simply by reference to other legislation, is open to criticism, Whether or not it will be really necessary or helpful to visit the offences themselves with the death penalty is not a matter on which I feel I can pass judgment; but it seems to me elementary in the whole project of legislating by Emergency Regulation that Regulations of this kind should be short and easily understood. Here anyone will have to look through these various Ordinances to find out what is punishable with death and what is not. With this method should be contrasted the contents of the Defence (General) Regulations, 1939, in force in the United Kingdom during the
War
In
in which were enacted in terms the offence (for example, Looting Regulation 38A) which it was intended to create. any event, surely there is something wrong as between the Hong Kong Regulations 3 and 7: Regulation 7 makes breach of many sections of the Malicious Damage Ordinance, 1865, punishable with death, yet Regulation 3 also makes an offence against any provision of this Ordinance punishable with death, but in circumstances specified in Regulation 3.
3.
I have no observations on the proposed Regulation imposing the death penalty in respect of carrying grenades, etc.
15/6/50
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|
Mr Hall.
We spoke. Two ifts opposite
Mr Sidelatham
J.J. Anderson.
PC Ree minutes of 14/615/6.
16/6.
for cosm.
Dift "A" is regrafyup non disallowmore of the timergency Rez (sund)
(2) Aud 1948 - (12) a 49 file. Mr Dale's comments on
-
draft Copictal Punishment Regs - "B" calmers to (4) - Me Pole's minute of 15/6) have been included in the reply.
the
(parne zuf
Dft "B" is the reply to (5) (6) purposing regulation 116A imporing
the dealth penalty
He death penalty in respect of camping gornades ete. for sieniler offences have already ben prescribed in Malaya & Singapore.
Walall 16/6.
|
Mr. Paskin.
You will recollect your minute of 11th May and subsequent minutes on 54496/50 below, on the Emergency Regula- tions in Hong Kong which renders persons in possession of arms in certain circumstances, and persons who unlawfully carry arms liable to imprisonment for life. As you there noted there was much more rigorous legislation in operation in Malaya, and recently introduced in Singapore which makes the death penalty for possession of arms etc. mandatory.
In this file we have received two important despatches one at (4) which is dealt with in draft 'A'. That draft informs the Governor that the power of disallowance will not be exercised in respect of the ordinance at (12) on the 1949 file amending the Emergency Regulations Ordinance of 1922. I agree with the view which Mr. Dale has expressed in the first paragraph of his minute of 15/6 in the light of the explanations furnished by the Attorney-General of Hong Kong in the memorandum enclosed with No. (4).
The second and subsequent paragraphs of draft 'A' deal with emergency regulations to be made thereunder, especially the draft capital punishment regulations. Paragraphs 9 and 10 of the Attorney-General's memorandum behind No.4. should be read in this connection. Draft 'A' makes it clear that the Secretary of State understands that the regulations will in fact be kept in reserve for times of serious disorder, and on that understanding the draft comments only on the form at present of these regulations which, so far as the capital punishment regulations are concerned, are unwieldy and their content difficult to ascertain, but I agree with Mr. Dale's view at 'A' in paragraph 2 of his minute.
A
Draft 'B' approves the amendment to the existing
/Emergency
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XI
у
Emergency Regulations by a new regulation 116.A. (for the text of this see annexure 'p' to No. (5)) which would impose the death penalty on persons committing offences in the matter of possession and use of arms, but would make the consent of the Attorney-General necessary before a prosecution under the regulations could be instituted. This, as I see it, is based on corres- ponding legislation in Malaya and Singapore which made the possession of a grenade a capital offence (see paragraph 4 of No. (5)). Mr. Dale has no observations on this particular point, but as you paid in No. (20) on 54496/50, the Secretary of State would wish to be consulted on such a proposal before the Governor committed himself to its introduction. The Governor now wishes to
enact regulations of this nature to make provision/ting kay but with the safeguard that prosecutions/cannot be
instituted except with the consent of the Attorney-Genera).
It is for decision whether he should be permitted to do so, and you may think that we should discuss thio matter with him while he is in London before the papers are submitted to higher authority.
The savingram at (5) also makes proposals for the employment to a greater extent of the use of corporal punishment on conviction for possession of arms though unaccompanied by any other offence, e.g. robbery. This will require very careful consideration and it is proposed to examine it separately. I agree with this course since, as you know, the high incidence in Hong Kong of sentences for whipping die has recently been 'under fire' by the Social Service Departments, and there has also been a recent Parliamentary Question which has led to the dis- closure of the unsatisfactory position in Hong Kong in this matter in the House of Commons. I have also seen
at least one press extract in the matter.
The drafts are now submitted with a view to special conson. of the point at 'X' above, the ward for pornôt documen with thin for. The fifis aru Imaikinu Biolo fun (Ext stand houd
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In receiculated centy fo
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21. 6. 50
Notes of the Meeting with the Governor of
held at 2.30pm on 28th June 1950.
p.mon
Hong Kong
Im Paskin
An amended copy
Jesterday's meeting is at try of the note
(9).
AI. Daniclou A 29/4/50
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The communications from Hong Kong at Nos. 4 & 5 on this file raise a number of important issues which the Secretary of State will no doubt wish to discuss with the Governor while he is here. Some of them are rather troublesome issues and I am afraid that it has not been possible for the departmental discussions with the Governor to be completed in time for the Secretary of State to study the papers before his meeting with the Governor tomorrow. A further meeting between the Secretary of Stato and the Governar has accordingly been arranged, to deal with these particular matters at 3.30 p.m. on Tuesday 4th July.
It will I think now be convenient for me to summarise these various issues in turn
(A) The form of the Emergency Legislation in operation
in Hong Kong.
In this country, the power to issue Emergency Regulations derives from an Act of Parliament which requires the declaration of a "state of emergency" before the Emergency Regulations can be promulgated; and the Emergency Regulations normally cease to operate when the proclamation of the state of emergency is repealed. If Hong Kong had wished to follow a similar course(like other Colonial Covernments could have done so under the powers conferred by the Emergency Powers Order-in-Council 1939. But in fact Hong Kong has preferred to rely on a local Ordinance of 1922 which confers power to make Emergency Regulations without first declaring a state of emergency. Moreover, in Hong Kong the Emergency Regulations remain in operation until specifically repealed (i.e. they do not, as in the United Kingdom, automatically come to an end since, no state of emergency having been proclaimed, there is equally no proclamation of the ending of the state of emergency). A further feature of the Hong Kong system is that a whole body of Emergency Regulations have been promulgated (and even added to from time to time), but have not been brought into operation as a whole.. Instead, only those perticular Regulations which are required for some specific purpose are brought into operation as and when required. For example after the bomb outrages which occurred a few weeks ago, the Emergency Regulations relating to the possession or carrying of "arms" were brought into operation.
The objections which were felt to this procedure were put to the Governor in the despatch of the 1st January at No. 15 on 14237/15/49, to which the Governor has now replied in his despatch at 1o. 4 on this file. explanations are given in rather voluminous memoranda by the Attorney-General but briefly, can be summarised as follows:-
The
The circumstances in Hong Kong are peculiar in that some particular ", emergency" situation may arise at any time without the occurrence of a general state of emergency such as occurs on the outbreak of a war, and it is desirable that there should be powers to deal with a sudden emergency situation of some particular kind.
If the Emergency Regulations designed to deal with such a particular situation could only be brought into operation after the declaration of a general state of emergency, it would be most unfortunate because the local Chinese population is so sensitive that the declaration of "emergency" would create widespread alarm and despondency.
Moreover, it is unnecessary because, as I have said, in the circumstances of Hong Kong
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a localised or particularised state of emergency can arise and it is only necessary to bring into operation a limited specified body of Emergency Regulations to deal with it. Arther advantage of the Hong Kong system, in the peculiar local circumstances, is that the mere existence of a published body of Emergency Regulations, which can be brought into operation piecemeal as required, has itself a steadying effect on the Chinese population in Hong Kong.
A
The advantages of this system were in fact recognised in the course of the discussions about the detained aircraft when it was recognised as fortunate that (if in fact wo had decided so to proceed) this situation could have been dealt with under Emergency Regulations without declaring a general state of emergency.
In the circumstances it is submitted that the Hong Kong system is justified in the special local conditions.
(B) Death Penalty in very exceptional circumstances.
Amongst the documents submitted with No. 4 is a draft Regulation designed to impose the death penalty for a variety of offences for which that penalty is not prescribed in ordinary circumstances either in current legislation or in others of the Emergency Regulations. These Regulations would only be promulgated in the event of an extre emergency and in the event of the penalty prescribed in the existing Emergency Regulations not having been proved effective, and would apply the death penalty to offences committed in particular circumstances (or places) where it is generally recognised as an appropriato measure in such circumstances, e.g. looting of premises destroyed in an enemy attack this penalty was in fact introduced for this offence in the United Kingdom in the last war though I am not sure that it was ever enforced.
These draft Regulations have been examined by the Legal Advisers who sees nothing to criticise in them except that, proceeding as they do "by reference" it would be possible for a person to commit an offence punishable by death without being aware that he was incurring that penalty. As in the case of similar Regulations recently introduced in Singapore, therefore, it is proposed to ask the Governor to see that the offences punishable by death are in fact specified so that all may be aware of them.
(c)
Mandatory death penalty for possession of bombs and similar weapons.
When, recently, the Governor of Singapore wished to introduce the mandatory death penalty for the mere possession of arms, the Secretary of State at first demurred on the ground that insufficient reason had been adduced by the Government of Singapore to justify this measure, even though it had been in operation in the Federation of Malaya for a considerable time. As in Hong Kong, the Singapore proposal was put forward following a series of grenade throwing incidents. It was pointedoout at the time that the real trouble in Singapore was that the police had not in fact been successful in arresting the persons responsible for these incidents and it did not seem therefore that the mere
introduction of a mandatory death penalty would materiallyouter)
affect improve the situation. It was ever suggested that the introduction of this penalty might indeed operate to make
it even more difficult than before for the police to
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flogging
relatively
apprehend persons guilty of this offence. To these reasons, Fr. Chinn in our discussion with the Governor yesterday
addal
that his experience in Palestine had convinced him that penalties of this kind were quite ineffective as a deterrent. It appeared however that his principal for this view was that the fanatical terrorist who is a terrorist because of his convictions would not be deterred by the threat of any punishment. Against this however it was pointed out by the Governor that this kind of terroriam has not yet emerged in Hong Kong. The kind of person at whom his proposal is aimed is not a person who is actuated by any "idealistic" motives but is of the ordinary tough criminal type living by his wits (which includes threats and intimidation) for whose activities present conditions in Hong Kong offer full scope. The Governor himself is quite satisfied that the threat of the mandatory death penalty would deter persons of this kind.
By comparison with the Regulations recently introduced in Singapore it is also pointed out that, in Hong Kong, it is proposed that the mandatory death penalty should be imposed only for the possession of bombs and similar weapons, the possession of which can only be for terrorist purposes. The proposed penalty for the illegal possession of other arms is imprisonment or flogging (as to which see below). Koreover, by contrast with the Singapore Regulations, the draft Regulation which it is proposed to introduce in Hong Kong contains a safeguard that no prosecution under the Regulations should be instituted except with the consent of the Attorney-General. Such consent would of course Hot shy be given in a case where, in his opinion, the offence did not merit the death penalty but could be dealt with under other laws.
Having regard to the fact that Hong Kong is now flooded with weapons of this character and that there are large numbers of very dangerous characters amongst the Chinese who have made their way into, the Colony, it is sub- mitted that the Governor's proposal is justified.
(D) Flogging.
The Governor has proposed that flogging (in addition to imprisonment) should now be introduced as a punishment for the possession of arms, other than those of a kind for which it is proposed to prescribe the death penalty (as to which see above). The arguments for and against the introduction of this kind of offence are very similar to those adduced for or against the mandatory death penalty discussed under (C) above.
But, from the point of view of the Secretary of State, the proposal comes forward at a particularly inspportune time in that (a) corporal punishment has now been abolished in the United Kingdom and there is a circular despatch on the stocks asking Colonial Governments to follow suit, and (b) the incidence of corporal punishment in Hong Kong (mainly the originstà minor punishment of caning) has recently come under very unfavourable comment in the treatment of the Offenders Sub-Committee of the Social Welfare Advisory Committee whose comments and suggestions on 12755/17/50 below it is not proposed to put to Hong Kong. Advantage was accordingly taken of the discussion with the Governor yesterday to discuss all these various aspects of corporal punishment in Hong Kong.
As regards the very large number of cases in which cạning is now resorted to (amounting to about 4,500 cases a year) the Governor is frankly dubious whether the suggestion of the Advisory Committee thatthe use of this punishment should be
discontinued
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I
discontinued for an experimental period of six months) will have any beneficial effect. But he does not wish to demur to the proposal being submitted to the 0.A.G. for consideration in consultation with the Commissioner of Police and other authorities in Hong Kong. There is not therefore any great need for the Secretary of State's time to be taken up with discussion of that issuUO. There therefore remains only the question of flogging as a punishment for the possession of arms.
As to this, after having heard all that Mr. Chinn had to see on the other side, the Governor remains convinced that the introduction of this penalty would be an effective deterrent.
In this connection he has pointed out that flogging is already a permissible punishment under the existing laws of the Colony but that it has not in fact been used for a considerable time (though even now the judges of the Supreme Court are increasingly prescribing caning as part of the penalty for the illegal possession of
Parme
What the Governor is actually proposing is that for an experimental period, the Supreme Court should be authorised to prescribe flogging for this offence when the person is charged under the ordinary law of the Colony. Experience of this experiment shows that the use of this penalty becomes an effective deterrent, the Governar proposes that this penalty should also be prescribed under the Emergency Regulations and that Magistratos (as well as the Supreme Court) should be empowered to impose it.
As in the case of the proposal for the introduction of the death penalty for possession of grenades etc. it is submitted that the Governor has made out a sufficient case for the Secretary of State to authorise him to reintroduce flogging for the possession of other kinds of
arms.
The drafts which had been prepared on this file will have to be reconsidered in the light of the Secretary of State's commanden decisions (c)
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June, 1950.
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Tuesday afternom.
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I attach at (10) notes of the meeting held in the Secretary of State'a room on the 4th July, when the despatch at (4) and the Savingram at (5) were discursed. In the light of these discussions I have revised the drafts which were originally put up.
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7th July, 1950.
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11 Hong Kong de Saw 126
25 JUL 1950
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Lee Xes.49
25 JUL 1950
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13. Hong Kong - Sec. Sang. 116-14 (1)(u)vis) su swypalis)
14 đang trong
5×149/50 (1.5) 6:9:56.
- Sec. Lesp. 26. - ref (12)4(5) - 6.9.50
- -
(13) is Hong Kong's reply to (11) in which the S. of S. agreed to the enactment of the new regulation 116 A (Annex E to (5)) provided his prior approval was obtained before the new regulation was brought into operation and that when brought into operation it should only be operative for a specified and limited time.
In (13) the 0.A.G. has made three main points:
(A) The S. of S's instructions could only be carried out after amending section 3 of the Ordinance, or by enacting the proposed regulation at 3-monthly intervals
-
paragraph 2.
(B) He is reluctant that the regulation should be
expressed to be in force for a specified period only for the reasons given in paragraph 4, i.e., (i) the removal of the death penalty may be followed by a resurgence of such offences and (ii) the periodical re-enactment of the regula- tion may give rise to Communist propaganda.
(c)
The Executive Council have advised that regula- tion 116 Ahould be brought into operation forthwith
paragraphs 3 and 5.
-
As regards (A) and (B), the would not appear to be necessary either to amend the Principal Ordinance or enact the regulation at, say, three-monthly intervals. The desired result could be achieved administratively.
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X
The S. of S. has asked that his prior approval should be obtained before the regulation is brought into operation. If there is difficulty in enacting the regulation but delaying the date at which it is brought into operation, then both stages could be done in one operation.
The regulation is already in draft and the S. of S's approval to submit it to Legislative Council could be obtained. The Legislative Council could then proceed as required by section 3(3) of the Ordinance.
As regards the time limit, the S. of S. when giving his approval could say that unless the Hong Kong Government could show the necessity for the continued operation of the regulation, say, after 6 months, the Hong Kong Government would be expected to repeal it. It would then be for the Hong Kong Government to satisfy the S. of S. that the continued operation of the regula- tion is essential for the maintenance of law and order. In fact the procedure suggested in the last sentence of paragraph 5, except that the Governor will have to examine the necessity for the continued operation of the regulation at regular intervals.
As regards point (C) above the 0.A.G. and Executive Council consider that the recent increase in crimes of violence and the K.M.7. guerilla activities mentioned in Hong Kong savingram No. 115 (copy at (127) on 14349/30/50 below) make it necessary to enact and bring into operation the proposed regulation 116 A immediately. At (10) are the notes of the meeting with the S. of S. and the S. of S. made it clear that the proposed regula- tion should not be brought into operation unless his prior approval had been obtained. These papers will therefore have to be submitted to the S. of S., and as Sir A. Grantham will be in London from the 18th to 21st September, it might be desirable to discuss this subject again with Sir A. Grantham before sub- mitting the case to the 3. of S., or to arrange a further meeting between the S. of S. and Sir A. Grantham?
I would however point out that whereas in paragraph 3 of (13) the 0.A.G. said that when the original proposal was made at (5) the Executive Council had intended that regulation should be brought into operation forthwith, Sir A. Grantham, during the initial discussion at 'X' of 2 of (9), said that it was not the intention to bring the regulation into force immediately but only to enact and publish them to act as a warning. I must admit that I do not entirely follow the agreement in the last sentence of paragraph 40 of (13) that imprisonment is no deterrent to gunmen who in their own country hold life to be cheap. Fresum- ably this refers to life other than their own, but if such people hold life to be cheap, will the death penalty be any greater deterrent than life or very long terms of imprisonment?
The O.A.G. has asked for a reply by telegram. I would, however, suggest that as Sir A. Grantham is fully seized of the S. of S'a views on this subject, the dashon whether the | regulation 116 A should be enacted and brought into operation
I should be left until Sir A. Granthan has returned to Hong Kong and considered the problem himself, taking into consideration his discussions here.
To sum up I suggest that there is no need to amend the Ordinance provided the Governor or 0.A.G. agree to consult the S. of 3. before taking action to enact and bring into operation the new regulation (this is in fact being done now) and if the necessity for the continued operation of the Ordinance is
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1
examined at regular intervals. Ac regards (C), bringing the regulation into operation forthwith, I consider a decision on this should be left until Sir A. Granthem has returned to Hong Kong. I feel sure we do not wish to give the impression that Hong Kong is becoming a "police states.
(14) I think we can accept the proposal in paragraphs 2 and 3. The comments referred to in paragraph 4 were based on Mr. Dale's minute of 15/6/50, and as he returns from leave on 18th September I suggest his commenta are then obtained. It is mostly a matter of drafting and is not as urgent as conson. of (13).
I agree in toto. If there
HAHall.
15th September, 1950
important objections
to restricting the operation of the projected evestment
by legislative
gother
Krems clear carough
that there would be wo
in pare 5 of 3 that there
Agration
admistrative undertating to review the recessity for contining the Regulation in mistere at well prescribed intervals.
L. L Adahan
>
15/9/20
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the The 251braft.
Kr. Paskin
I think you should see these papers at once. I have already sent Sir A. Grantham copies of No. (14) and (13) on this file with a view to discussion. Mr. Hall's minute gives the general picture. The O..G. has asked for a reply by telegram and I an inclined to think that he ought to have it as soon as possible.,
The position as regards persons carrying arms unlawfully is becoming worse. I have unfortunately had to detach 14349/30/50 below to which Mr. Hall refers at 'X' in his minute as it is wanted urgently by Kr. Karnham for a J.I.C. meeting. In the meantime, however, I have noted (see slip attached) in today's 'Telegraph' a report of a further incident of this kind in addition to the unfortunate clash a short while ago in which two police officers were killed by persons unlawfully carrying arts.
+
I should like Mr. Dale to see this file as quickly as possible in case he has any further comments.
Subject to what Mr. Dale may say I feel that Mr. Hall's suggestion for dealing with (13) provides a possible compromise if the Secretary of State is prejured to accept it. As regards (14) this is less urgent and
Mr. Dale's views should also be sought.
I am sorry I have not had time to minate this more fully.
憾
18th September, 1950
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18/9/50 13/9/50.
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(13) was discussed with Sir A. Grantham. Mr. Paskin and Kr. Sidebotham were present.
I have attached at (16) a copy of Hong Kong savingram No. 115 about Nationalist guerilla activities in Hong Kong, at (17) a report of a further incident between police and armed robbers in which a Chinese constable was killed and at (18) a letter from the 0.A.G. enclosing an extract from the "China Mail" of the 12th September.
My minute of 15/9 suggested that there is no need to amend the Ordinance to carry out the Secretary of State* a instructions in (11) provided the Governor (or 0.1.6.) agrees to consult the Secretary of State before taking action to enact and bring into operation the new regulation and gives an undertaking to review the necessity for continuing the regulation in existence at prescribed intervals.
The major point for conson in (13) is the proposal that the new regulation 116A (Annex B to (5)) should be brought into actual operation forthwith. (16) shows that there is a heavy demand for illicit arms and the activities of the K.M.T. guerillas is having a disturbing effect on law and order in the Colony. Two police officers, Messrs Luscombe and Leslie, were murdered on the 1st Sept. and a Chinese police constable on the 17th Sept. when two British officers were saved from injury by the use of bullet proof waistcoats. The extract from the China Mail (encl. to (16)) shows that already this year 126 persons have been produced before the Supreme Court, having been arrested in possession of arms, either in connection with serious crimes or because the circumstances of their possession caused them to be regarded as dangerous persons. The extract also makes the point that the percentage of offenders caught is very high but even so the tendency of criminals to use firenims indiscriminately seems to be increas- ing. This raises the question whether the penalties are not inadequate.
In view of the recent murders and the increase in the use of arms Sir A. Grantham strongly supported the proposal that the new reg. 116A should be brought into operation forthwith. I would stress that the proposed regulation only makes the possession of a bomb, grenade or similar apparatus, and the | USE or attempted use of arms, ammunition or explosives subject
to the death penalty. There is the added safeguard that a prosecution shall not be instituted except with the consent of the Attorney-General.
In view of the advice of the Co., the recent murders and increase in crimes of violence and the fact that Sir A. Grantham alco supports the proposal it is submitted that
a sufficiently strong case has been made out for the Secretary of State to authorise the enactment and bringing into operation of the proposed reg. 116h.
The Q.A.G. has asked for a reply by tel. and I submit a draft for conson.
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There is one point, however, which appears to me to be of importance and that is that if any criticism arose in Parliament the Secretary of State should be able to make it clear what conditions were in fact attached to the enactment. It would be difficult for him to do this unless the Legislative Council in Hong Kong had been made aware themselves that conditions did exist. On the other nand, to let condition (ii) be known in Hong Kong as it stands might militate against the effectiveness of the regulation.
I took the opportunity, therefore, of mentioning this to Sir A. Grantham this morning, and para. 2, which I have added to the draft, indicates what he agrees should be said to the Legislature at the time of enactment, and would enable the Secretary of State to make the position quite clear if questioned in Parliament here.
21st September, 1950
In his savingram at No. 5 the Governor submitted various proposals to deal with the increasing menace of armed gangsterdom which has become rife in Hong Kong in recent months. Amongst these recommendations was that there should be enacted a new Emergency Regulation No. 116 A, (a draft of which is at Enclosure B to that savingrom) which, inter alia would prescribe the penalty of death for the possession of any bomb, grenade or similar apparatus. This proposal was discussed at a series of meetings between the Secretary of State and Sir, A. Grantham the upshot of which was that in our savingram at No. 11 the 0.A.G. was informed that the Secretary of State was prepared to agree to the enact- ment of this Regulation on the understanding that his prior approval must be obtained before it was actually brought into operation, and that, when it was brought into operation, it should be operative only for a specified and limited period.
In his reply at No. 13, the 0.A.G. has explained that the submission in the savingram at No. 5 was intended to be a submission that the Regulation should be not merely enacted but should be immediately brought into operation; and that the situation during the past two or three months has deteriorated to such an extent that the case for
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taking this action is now even stronger than it was
The case for this action is summarised in
in June.
Mr. Hall's minute of the 20th September
•
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The O.A.G. has also pointed out objections to the Secretary of State's stipulation that the Regulation should be made operative only for a limited period. however thought, after discussion with Sir A. Granthan (who agrees) that the Secretary of State's object could be equally well secured by the alternative condition that, the Regulation having been brought into operation, the Governor should submit six monthly reports as to the necessity for its being continued in operation.
It is proposed in the draft submitted herewith that the O.A.G. should be authorised to bring this Regulation into operation subject to this and to other conditions.
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Mr Dale.
(14) is H.Ks reply to (12) which
on the draft Capital Panichart Regs.
Para 2 + 3 of (14) may, I think, be accepted. Pass
4 bones comments
a peres 3 & 4 f (12) which were
laved on pase 2 of your minute of 15/6/50.
Peronally I doubt
ray
much whether
any person who proposed comantting any of the offences under comom would take the trouble to emvalt the resent legislation first in breasse he would hgan to get away with it & (6) because he probably would not read them anyway & (2) if he could read he probably would sub be alle te wnderstood the
The proposed is that the legislation is only to remain in force
for a limited period pases 21 3-4 that when they are heruight
-
into question thy will be explained in detail in the press &
all pomble publicity will be given.
In new of this do you still wish to
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(red).
27.9.
Mi Hot
We spoke. d.k.
J.J. Ankrom.
3/x
Wall
3/60-
20. Hong Kong Tel 1124 Sum Secrct - ref 19 -
I have held ups
3:10
this file to deal with (20) or the 0.A.G.
intends that the purposed new
to the leg to a 11h Out.
hig 1161 should be sunbathed
Pase 2 of the til at (19) was added by the Sidele then septer discussion with Iis A farther ride monate of 21/4.
Pame 2 of (20) shows that the 0.1.6, our sma
carrying
difficulty in out there instructions but the opening contener showe
that "effect will be given to them! In the cives I
bond we can agree to action being taken as propond in plast 3 of (20).
I culmit a dft for comer.
comin after it has gone
of the diff
He file should go to Mr. Dals for further comen
despatch in unser to (14).
The Beertory of
10.
Not handed
apperowd 119
Irgen
1
Tape but this will ?agine. ministered antiinty and
4/1
Than addeda
248
4/1
thether thinks this choos
Esallall 3/10
and in any case the Governor must realisi that the foy & may ha
Ih more replicit miturting The in taches on the thing
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T
minister of State
19 and 20
20 show the
present positim.
We can
accept the O.A.G'O view
as to.. how
how much
and should
neid
be said to
the Leg. Co. ?
Jo H.K.
6.8.8.4/10/50.
tel. 1513- 4/10..
Mr. Sidebotham
An answer to (14) is still to be considered. The 0.A.G. has accepted the conditions in (12) these are set out in the draft reply with one small proviso that although he would prefer to consult the Secretary of State before the regulations are brought into operation but if a grave situation were to develop suddenly he asks for discretion to take steps to bring the regulations into force without prior approval. I think we may accept this on the understanding that if this does occur the Secretary of State would nevertheless wish to be informed as soon as possible of such action.
-
The O.A.G. has, however, raised objections (paragraph 4 of (14) to revising the "form" of the regulations (paragraph 3 of (12)). The form of the draft was criticised by Mr. Dale in his minute of 15/6. He has again seen these papers and considera we should repeat our objections minute of 27/9.
-
his
The draft reply opposite has been seen by Mr. Dale and I do not think it is necessary to trouble Ministers with it.
? As in draft.
well.
6. 10. 50.
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Mr. Paskin
You will recollect that the Secretary of State himself approved the draft at (12) on this file with the final stipulation in the concluding words of paragraph 2 of that
The Acting Governor now asks for a modification of that stipulation to enable him to act without prior approval in the event of a grave situation developing.
draft.
I think, myself, that this is not unreasonable, but if we are to agree to it you may consider that the Secretary of State's further authority should be sought. We further
agreed the view expressed in paragraph 2 of the draft which was substantially modified by Mr. Dale, and has now been 'faired'
|
7. 10. 50.
13/x
6.8
14/10
و.
I agree tot abre
же
лі два киле
乃
to
M
|
16/10
22
2 Hung
Hung Kung
Kung Desp
59
Secret
78 OCT 1950
231 Hạng trong
G
(23) Pak & Wall
19/10
atmos
tel 1170 sec
16.10.
бо
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x (21)m 94085/7/50 Barue
1
In par
2 f
Sunt the OA.G.
HK Savergram No 13 sunt
95 f
stated that it is prepped to bring into force hg 7 + to
make orders thereunder against a number of communist pamphlets crculating in HK & that hegs 6,13,14,159 16
might also be lonight into queration at some
The Legs
future date.
me No A 277 in Sup No 2 to the H.K. Gazette of
& wen unulated around the Co. in March
30/12/1849, & wex
His
year,
vide minutes from 16/2-17/4, & these were no
comments on the particular legs
nas urder casn,
Reg 7 - which it is peopred to bring into fone - concems the exportation, exportation, printing or publishing of any kind of
publication which would be Whaly to te prejudicial to the
public interest,
Reg 6 amcenes the publishing in publications of " pagudicial matter".
"13 requiens newspapers to obtain permits before they can be
punted a published
14 requires mensproques to publish official ammunications if
so directed
" 15′′ ques authority to prevent the publication of certain mutters
16 ques withrity to require sulmumon of matter for censorship's
before publication.
I would be gratiful to know of the Repts concemed see any objection to the H.K. fat buiging the legs into force.
Mr Basti sld are as this is his file the
Mo Morgan shot are from the "consorships" aqut
Bang Tohum stel see
2
newspaper & puss legislation" expert
& the thuismen sld see in can these is any I.R. Dyst aspect.
buysman oldu
You
will me t'm) (19),(20), (21) +(23) that
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H.K. lave muntly wasted by 116A (bron 15 to (51)
interduring the death penalty for the poression of bombs or the war of firiams. I mention this to show that conditions in Hong Kong
are for from normal at the moment.
Walall
17/10.
L
I
I honder that Regulations as there
Wow not brought in when the
ти
emer Cine
ん
in Hong Kong began,
live nothing in
those
Citect in the prerons menati
to which
in the beams leices
Of thong thong we can obzech. I 2. But, ref: Regulation 3 (1)
and the references
Regulations under
a
bi
thi
dir cursion
6718
competent authorby" I
do not think that the
frowers should be
in their entirety by
held...
any
one person, however competi
be permalley
he
he Madhy My Experiina Elsewhere I am prettig sure that the in the Covernor
poren are
in Council, and their
I thinth they should reside
174
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1
in Hong Kong. This all too Pasy for one
man to make
irror where from
h
Але
Con-
have
hi
Machament
which will
An
publication matters
Сита
repercussions
here
mean
a
adheshere, a perhaps
L
"Chimile down
hi
a town where prestige her
more than
a
face
Valve.
The "competent authority"
Regulation could be left as
ih. in
And
the Governor be
!
told to his trucks that function_
&
any that be much refer
Council to the Governor-in-
any contemplated action under Regulations 6, 7, 13, 14, 15, (Whuch. I see do relates to the Governor
And on
Jeee
also
which
think he would
be wise & consult his Connal
first), but not 16.
Illo not think this cautionary procedure would make for dein; As the Executin Council in
Hong Kong are all
spot, so far as I know.
an
on
怂
!
20.10.50.
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True
13
From the "cansoshif' fait of
vies
there is no objection to the interduction of any of the Regar Catins noticed his Mr Halli Minte of 19/10/50. The densim whether
or not to introduce them is me for
Guit
as a whole
Semity advice.
2. It is not strictly my besizers, Cut I should not have thought it was
жет
reccessarily affenfriate to adoft-
the
mygstion at X/ of Mr Bortinis Mainte above. The friciful Ordinance (whides)
thane. It is to have not consulted) most have authorised
itated ky22, ik Ares not heatin
any
"competant
Authority". If
tentions inly I
Reg. No 3, furiding for the offiituent of
"confetent authority" for
thex and
the inbrechinich otter perfires when the Regulations; viz.
May
become hoben
Megt
He lineviewly allowing the Govenor to delegate authrity
Malse
If the Gove or better has to len the legal thrown backing fires (and as dyiction won muised, so
Tags down one
penalty
for as I law, when non-disalloward of
the Ordriach was
notified), is it for us,
at this stage, to chose him not to delegate
Las
this farticles respect? J. p. 6.
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I
Į
Req 7.
I
Reg b.
The sweeping powers of his Regulation would,
time of peace, arouse vident objection.
head & "Emergency' (and
d
Linder
having in mind the situation in HK.) I Thank that muthu the Empire Pun linco
the U.K. Pruss (except of course the "Daif Worker") will raise any objection
13.
1시
13
-
I am a little uneasy as to the latton pant of sub-pars 3.
Can a person, being
already in possession of
a publication
not you prohibited, be prosecuted unmediately a polubition is decided on) with
no
chance & surrender, or destroy, the document "
This may, of course, be the idea,
Swift emergency measure
apples
CLA
The first para of my comment abor
Duto
I think this, in practice, may often be rom Expercent impossible to comply with
of the long windedness of some official
statements
news space.
HK.,4 the shortage, even in
13ut
doubtless it writte administered with common sende,
See comment on
6.
mów
to the HiK. Good
I might be well
t
cnsis
(comes to
a
the present
will be expected promptly
above Regue
123-10.50
uther a cautran that when (if ever
end they
the
to lift all
REJohnsm
No comment from the 1RD aspect on the introduction,
of the Regulation
dolmań
Ref Brig voluman comics an
Repulation, 14.
to which Rep 14 would be most likely to
kind of janrial to which Rep
expply
wanded greally
I "newspaper. In such cases
"views
valter then, a
He
long-winded the
sabrint (and consequently the red len attractive the paper)
thu murt
neccenful the treat, ut is likely to be. There
in nolling that is "Love
I editom Ficam
likely to
falling circulation.
ŵ.duu
доброт
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i
!
:
i
|
The ing tanssi-
ala there.
allá
PB14/e
I do not think we can not on the suggeston at % of the Basta's
gium in pers
2f1
2 of the Morgone
minute for the newne of 10/10. In my case I to not think we can
minat
by Lowon in detail
how the for shouted administer the carines regulations though
can suggest that in inre of their importance that they will why
be and after very careful insidiontin & administered on the commence.
Il Aft for enson, & sight be a good idea to refer to the P.Qs Aamer in 14253/1.02
Mr Hati.
We spoke J.G.
No Sidelo them
J.J. Aham
MALAK
In para & of (21) on 94095/7/50 7.5.mx the O.A.G. stated that it is proposed to bring into force Emergency Reg 7 to make orders thereunder against a number of
communist phanpheats crmulating in H. Kory. It also mentioned Augs 6, 13, 14, 15h 16.
These Rigs han bum windered in Def Dept, Information Depts or 1.K. At the minutes from 19/10 - 70/10. The banning
of Communist Procomials also formed the subject matter of a 1.2 on 25th Out with 14253/P.9.2/50.
I do not theid we can
aljust to the for taking the action he рорини aben be insidus it necesary to do so but of do theate we should suggest, as in the aft opuriste, that active asces there haps should only be taken after very careful consideration.
? be in oft.
Mahall
tum afroux Indhen to what in at x/in my 30/10 1 Menuli of 20/10 and I do not be day hason
-
||
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- !
|
bearspain
to bring in the Human Rights Airliet linken it is now "law." Iwen Bailin
31.10.50.
୮
t
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A
Mr. Sidebotham:
1
I understand from Mr. Hall that you wish a composite
minute.
2.
The Emergency Regulations Ordinance, 1922 gives the Governor-in-Council powers to make regulations. These Regulations were made in December 1949, and a copy is opposite. They do not come into force, see Regulation 137, until their operation is notified in the Gazette, and they may be brought in piecemeal.
3. The Governor, at (21) on 94095/7/50, Annexe, states that he proposes to bring into force Regulation 7, and indicates that Regulations 6, 13, 14, 15 and 16 might also be brought into operation at same future date.
I do not think we sho become incolind in detail, the aft streamed that the Rigo and why be used ofthe very carsfond consideration it is for the for to decide how best the Can awange this,
Regulation 7 concerns the importation, exportation, printing or publishing of any kind of publication which could be, or is likely to be, prejudicial to the public interest.
Regulation 6 concerns the publishing in publications of "prejudicial matter".
Regulation 13 requires newspapers to obtain a permit before they can be printed or published.
Regulation 14 requires newspapers to publish official communications if so directed.
Regulation 15 gives authority to prevent publication by illustration, placard, advertizement, proclamation, pamphlet or any like document of any matter to be specified in an Order for which a permit must be first obtained.
Regulation 16 gives authorit, to require the submission of matter for censorship before publication.
These are full and sweeping powers, and we are all agreed that in the present circumstances of Hong Kong, they should be brought into effect, and the sooner the better. Equally, we are all agreed that very great care needs to be exercised by the Hong Kong Government in the application of these Regulations inasmuch as freedom of the press is concerned.
5.
Regulation 3(1),
DOLORIRADAZA LA TAP authorizes the appointment of a "competent authority", but because of the Parliamentary and other interest in the matter of freedom of speech and freedom of the press, I do not think that what is really a matter of life and death to the press should be in the hands of one man, however competent. Consequently, I think that the Governor should be authorized to bring all the Regulations mentioned into force, but that it should also be suggested to him that he should instruct the "competent authority" to refer any action contemplated under all the Regulations mentioned,save 16, to the Governor-in-
Council. I imagine this reference can be more easily made in Hong Kong than in any other Colony, e.g. by telephone. I also doubt whether we need bring into the reply anything about the Human Rights Convention.
6. Mr. Hall's point of view is that these as yet unapplied Regulations have been in this Office since December last, and we should have taken such points as the one I have made at the time, and he thinks it wrong for us to lay down how the Governor should administer the various Regulations, although we can, he says, state that, in view of their importance they would only be used after very careful consideration and administered with commonsense. For this purpose, the reference to the Human Rights Convention has been made in the dreft.
7. Generally, in this connexion, see F.9.14453 loose opposite.
1.11.1950
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رابعة
Mr. Barton's minute of 1/11 summarises the main pointa of the large volume of minutes since No. (23) on this file.
So far as any reference to the Declaration of Human Rights in this telegram is concerned, that seems to me to be quite unnecessary since paragraph 3 of No.(21) & para.6 (23) on 94095/7 Annexe/50 below have made the importance of ente metter√ perfectly clear and the regulations of this kind are only necessary in the interests of national security, a matter which, I understand, is provided for in the draft Convention of Human Rights. That, to my mind, must be held to override in times of emergency the provision of e.g. Article 19. not dealing with normal times in Hong Kong, and I see no reason to bring Article 19 in at all.
He are
The point which appears to be the main cause of difficulty is who the competent authority is going to be, and in the first instance I think we should send a short telegram pointing out that regulations of this kind would clearly require to be used with considerable circumspection; and that before replying to the Governor's savingram of 20th July, the Secretary of State would wish to learn who the competent authority for these, purposes under the regula tions would in fact be, and whether the
powers by the competent authority under these regulations would, in fact, be subject to the prior concurrence of the Governor and Executive Council, having regard to the obvious) creed for circumspection in the use of such regulations.
although their necessity is not-enguable. In this connection we might make a reference to the question and answer on 14253/P.Q.2/50 below.
Драгни
ма
2. 11. 50. at
)
J. h. as directed by M'Sitzbathum.
J.J. Andersen.
m. Lube..
au
Txi
Please see my much of 2.11 alors
In all this I should purpose litad
oft ans. When we
пливачерку han the reply we oughta I think to submit to soy few view of the interest aheady läher Bl
ti Ruhamient
1
3/11
i o nee
Liv
4/11/50 almic
Hong Kong- Tel 1638 Saret-cons-3/4/50
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4
༎
η
б.м.
- no reply to (2).
استم
1. Steware
८
Ax
The next mon is sms with HK, v në au
unbhely to hear
anything wakil they couder the hogs should be exformed wheel
with
mary
not to for some time-
Bats
Hall
14/4 t-
đóng
Extract from Hansard of the thong Hong Legislative bouncil for 11 t aclober, 1950.
ilk'
(25) is the Hearned extent of the scarlatim anecoming the
introduction of the new
(moving)
& owning
Emerging Lag 116 A spatid to us at (23).
" He scolation the A. 6. made the folling prints: -
(a) that he prosecution still not be mititated except with
the count of the A.L.
"A*a p 321.
'(b) that although as parission is made for the duration of the Reg
the receity for its continuance will be the endjest of
periodical review "C
AL
322.
These exfore with the instructions groom in (19) or modified lay (20) ̧" (2ṛl So (19) pass 1 (1) it has have land drom that if the hey is not repeated in their 6 month, the soft's agreement mast to sught to its enteruence.
I suggest the file is 1.1. at the Lipany of March 1951 to wriidu whether A.they should be ached to agunt on the
mecanity for entering the reg.
Bring up a purposed.
1/12
Lori).
4.12 M. Dali tome
2BS.
a -2/12
"
7
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76. Extract from "Ohura Mail "
Shura Mail of 13:10.50. "South China Morning
Pr
27 Extract
from
M' WA
M' Side botham
You
weny
الها
to see Hive. Press reacting
(at (26) +12?)) to Reg. 116A. Both pps apprise
with obvines revervatives.
5/X11
Ssen
Jos paky 6/en.
Mall
5/10
h!
28 Foreign Office Administration ofAfrican Territones - 345/5/6/50.
Me Hall,
dund & I wench
If you
21:12:50
вать по
objection.
we should ash Hong Kong to supply
the copies as
as in craft
requested by the FOAAT herewith
22/12.
السلام
21 May Kong bar: 1313
28 DEC 1950
30 to major by Brine (Go admin) w/c (29), Stamp Ref(128) _ 28/10/50
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