FKK 14/20
LETTER
Sir A. Galsworthy
His Excellency
Sir David Trench, GCMG., MC.,
Government House,
HONG KONG.
Thank you for your letter of 20 February about emergency legislation. We were very glad to have this further review dealing with the Emergency (Principal) Regulations in force before 1967.
As we see it from here, when the steps to repeal or discontinue emergency legislation (as outlined in your letter and in your Saving Despatch No.70) have all been taken the only emergency legislation still in force will be the Emergency (Deportation and Detention) Regulations together with the related Advisory Tribunal rules made thereunder. We appreciate, of course, that these confer powers which you will continue to need.
We have, as you know, raised some points on certain of the items of emergency legislation embodied (or to be embodied) in permanent legislation, in correspondence on the Public Order (Amendment) Bill and the Criminal Procedure (Amendment) (No.2) Ordinanc 1968. There is one additional point we would wish to make on the proposals set out in your Saving Despatch No.70. This concerns Regulation 96 of the Principal Emergency Regulations requiring members of the public to identify themselves to police officers and military personnel.
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No objection is seen to conferring on military officers "acting in the course of duty" permanent powers to require people to identify themselves; circumstances in which a military officer's duty would involve him in checking a civilian's credentials are strictly limited and defined. We are advised, however, that for the purposes of permanent
legislation the application to police officers of the words "acting in the course of his duty" goes too far.
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