HKK 14/20
Reference......
1.6,
Mr.
Gaminara
We had a word about these papers this afternoon.
It seems to me there is one point which is not brought
out in these minutes.
2.
We are to a large extent dismantling the Emergency Regulations in Hong Kong by incorporating them in the Colony's permanent legislation. In the
particular circumstances of Hong Kong this seems to
me a right and sensible thing to do: the continuance in force of measures which in their title carry the
word and connotation of emergency gives people in
Hong Kong, and even more people in this country or
elsewhere, and such organisations as Justice etc., a
false idea about conditions in the Colony; while at the same time, given Hong Kong's circumstances, the
authorities there need to have powers immediately available to them to deal effectively with any out- break, and above all to nip any potential outbreak in
the bud and thus to prevent it from erupting with all that that entails in Hong Kong.
3. The point at which we may incur criticism (often well meaning criticism) is if we embody in Hong Kong's
permanent legislation matters which, while reasonable enough in an emergency, may appear to reasonable
people to be unreasonable as part of the permanent
body of legislation. I quite accept that we must be
prepared to face up to the probable need for Hong
Kong's permanent legislation to contain provisions which might be difficult to defend in, for example, Bermuda or the Solomons. But I think we must bring
any such points specifically to the attention of
Ministers, with of course the justification for the
retention of those particular provisions in their
permanent legislation, so that Ministers are aware of what is happening and are not suddenly confronted, e.g. in a P.Q., with criticism which they have previously had an opportunity of considering on its
merits.
4. I should therefore be grateful if this aspect of the matter could be looked into before Lord Shepherd's
return: i.e., let us consider whether any of the
provisions