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THE HONG KONG GOVERNMENT GAZETTE, AUGUST 26, 1939.
2 & 3 Geo. 6. An Act to confer on His Majesty certain powers which it is expedient that His Majesty should be enabled to exercise in the present emergency; and to make further provision for purposes connected with the defence of the realm.
Defence Regulations.
[24th August, 1989.]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons. in this present Parliament assembled, and by the authority of the same, as follows:-
1.-(1) Subject to the provisions of this section, His Majesty may by Order in Council make such Regulations (in this Act referred to as Defence Regulations') as appear to him to be necessary or expedient for securing the public safety, the defence of the realm, the maintenance of public order and the efficient prosecution of any war in which His Majesty may be engaged, and for maintaining supplies and services essential to the life of the community.
(2) Without prejudice to the generality of the powers conferred by the preceding sub-section, Defence Regulations. may, so far as appears to His Majesty in Council to be neces- sary or expedient for any of the purposes mentioned in that sub-section-
(a) make provision for the apprehension, trial and punishment of persons offending against the Regulations, and for the detention of persons whose detention appears to the Secretary of State to be expedient in the interests of the public safety or the defence of the realm;
(b) authorize
(i) the taking of possession or control, on behalf of His Majesty, of any property or undertaking;
(ii) the acquisition, on behalf of His Majesty, of any property other than land;
and
(c) authorize the entering and search of any premises;
(d) provide for amending any enactment, for suspending the operation of any enactment, and for applying any enact- ment with or without modification.
(3) Defence Regulations may provide for empowering such authorities, persons or classes of persons as may be specified in the Regulations to make orders, rules and by-laws for any of the purposes for which such Regulations are authorized by this Act to be made, and may contain such incidental and supplementary provisions as appear to His Majesty in Council to be necessary or expedient for the purposes of the Regulations.
(4) A Defence Regulation, and any order, rule or by-law duly made in pursuance of such a Regulation, shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
of
(5) Nothing in this section shall authorize the imposition. any form of compulsory naval, military or air force service or any form of industrial conscription, or the making of provision for the trial by courts martial of persons not being