Page

PA

5.8.69

Reference....will (28

(28)

does not require

reply.

The

pp.

should be brought"

up

to nu. Gammar

LA

The

Course

of next weekR

St-

2.

would

Seem

that

m

writing

we did

al-(25)

we overlooked the

minor emergency regulation's

at (c) -

which

were not michnoted in

The

of emergency

Governor's schedules

legulation in force ?

Les. Carter 31/7/69

Page

Page

CONFIDENTIAL

CR 12/3231/69

MR. W. S. Catter

LAST

REF.

NEXT

REF.

2

Dear

GOVERNMENT HOUSE

& Arthur

HONG KONG

R.R LA

28

3077

9th July 1969

(25,

Thank you for your letter of 23rd June,

1969, about emergency legislation.

The point you make in your paragraph 3 is a valid one, and, as Denys Roberts recently told John Moreton, I see no difficulty in accepting your proposal to modify, for the purposes of incorporation in permanent legislation, the emergency powers of Police officers under Regulation 96, whereby they may require members of the public to identify themselves.

The overall position is not quite as described in your paragraph 1, but may be set out as follows:-

(a)

Repeated

LN 39/70

Sub File

RECEIVED IN

REGISTRY No.51

31 JUL 1969

HKK 14/20.

(b)

(c)

Emergency (Principal) Regulations

Sedition Ordinance

Public Ordis Ord.

Cap 245

incers (i) Regulations 25, 96 and 113 are still

at present in force pending incorpora- tion into permanent legislation, when they will be revoked.

(ii) Regulation 37 is still in force pending revocation of the above regulations, when it will be dis- continued but not revoked.

(iii) Regulation 136 is still in force

Discontinued

LN42/70

pending revocation of Regulations Discontinued

25, 96 and 113 and discontinuance of Regulation 37, when it will be discontinued.

IN 52/70

(iv) Regulation 2, which is purely inter-

pretative, remains and will still remain in force.

Emergency (Deportation & Detention Regulations and the related Advisory Tribunal Rules and Forms Order remain in force.

Covered by Pharmacy & Poisons (Ag. Parsons) Res 1970

IN 56/70

Emergency (Agricultural Poisons) Regulations; kepeated Emergency (Exportation (Miscellaneous Provisions) Regulations;

Emergency (Royal Navy) Police Powers Regulations;

and Emergency (Requisition) Regulations

all remain in force for the time being, pending

Sir Arthur Galsworthy, KCMG,

Foreign & Commonwealth Office.

MAL

age 9

age 9

Page

Page

clear.

2.

the completion of various pieces of permanent legislation, the enactment of which, while covering many other matters, would also make such provisions as would enable these regulations to be revoked. Of these, the Emergency (Agricultural Poisons) Regulations are likely to be replaced and revoked quite soon: revocation of the remainder may take some time.

I hope this now makes the full position

Что

Yers ever

David.

CONFIDENT:.

ge 10

ge 10

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