precedent in U.K. legislation in cases where there is no question
of a state of emergency. Of course in the U.K. there are
statutory powers to control the entry and departure of ships and
aircraft, but those powers of control rest upon factors relating
to safety, etc. and not upon circumstances which are dependent on
the view of an individual that the restriction is necessary or
expedient in the public interest. I do not think therefore that
we are likely to find any comparable United Kingdom legislation.
On the question of whether, despite this, Hong Kong should
nevertheless proceed to enact comparable legislation, it seems to
me that a distinction should be drawn between two sets of
circumstances.
The first is statutory provision which restricts
or prohibits the entry of ships or aircraft into Hong Kong, and
makes it an offence if a person contravenes the prohibition.
Secondly provisions which confer powers to detain vessels,
aircraft and vehicles and persons on boa
2
of those, in particular
board of
I think the Hong Kong Government
the power to detain such persons.
could say reasonably that legislation on the lines of regulation 50
is not objectionable. I think however it would be more difficult
to defend permanent legislation on the lines of regulation 51.
A compromise solution might be legislation to the effect that if a
ship or aircraft entered contrary to the first group of
restrictions (regulation 50) the ship or aircraft could be
arrested, as also any persons on that ship or aircraft, and be
sent out of Hong Kong and in the case of persons, deported from
Hong Kong. The provisions in the existing regulation 51 are
essentially of an emergency nature.
Table B.
Item (2). I do not know of any comparable provision in
United Kingdom law. In this a un try a police officer has power
to question a person to ascertain his name and address if that
information is required by the police officer for the prevention
or the detection of crime.
Regulation 96, which is the provision
concerned in this case, requires a person to disclose his correct
name
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