these
Item (11), Emergency (Closed Area) Regulations:
regulations form part of the Public Order Ordinance. On a point relating to the giving of notice of withdrawal of permits to enter closed areas, the provisions in the Ordinance were criticised by "Justice" and this point has been taken up in the correspondence referred to in paragraphs 2 and 7 above. "Justice" did not, however, question the permanent need for these powers. In fact their memorandum states: "We realise the desirability of the Governor's having a free hand ...". Mr. Cruchley has suggested that permanent powers should be limited to closing buildings or areas for specific and appropriate purposes, e.g. military occupation. But the difficulty is that these powers are principally required to
maintain the closed area along the frontier; this would not be covered by such a purpose as military occupation (military forces are not always stationed in the closed frontier area which is normally under police control) and I am very doubtful of the political wisdom of openly specifying that the power could be used to close frontier areas in view of the formal attitude China always takes up on the right of unrestricted access to Hong Kong. In all the circumstances (and since the powers are accepted as necessary by sections in Hong Kong that are usually critical of this type of legislation, e.g. "Justice") I consider that we should not now ask the Governor to restrict the exercise of these powers on the lines suggested.
9.
My conclusion is that we should raise with the Governor only the point on Item (2) which is discussed in paragraph 8 above.
15 May, 1969
b. 5. Carter
(W. S. Carter)
Hong Kong Department
Tomorch
16/5.