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Sir A. {alswithy
Mr, Moreton
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Review of Emergency Legislation: Hong Kong
A great deal of emergency legislation introduced in Hong Kong in 1967 was discontinued in the course of 1968. The Governor has forwarded for information (in two communications) the results of his
continuing review of the remaining emergency legislation still in force (including legislation introduced before 1967), together with his plans for dismantling this. These plans have been examined in consultation with legal advisers, with particular reference to the points made by Sir Arthur Galsworthy in paragraph 4 of his minute of 17 March namely, to what extent provisions now being transferred from emergency to permanent legislation would be unusual or unique features of permanent legislation in Colonial territories and whether there is need and justification for their retention in permanent law.
2. The department's conclusion is that the Governor's intentions are in general acceptable. We have, however, a few reservations on
some of his proposals: these are being pursued in separate correspondence on the Public Order (Amendment) Bill, which is the subject of a separate submission, and the Criminal Procedure (Amendment) (No.2) Ordinance, 1968. And there is one point arising from the correspondence on these papers on which it is recommended that Sir Arthur Galsworthy writes to the Governor. A draft is
attached.
3.
Drawing upon the information provided by the Governor, the two attached tables have been prepared showing :
(A) the extent to which those Emergency Regulations which have
been in force in Hong Kong since before 1967 have been or are to be embodied in permanent legislation;
(B) the extent to which those Emergency Regulations brought
into force during 1967 have been or are to be embodied in permanent legislation.
14.