NANCY
OH, BOY!-A DOLLAR
JUST FOR
MINDING HIM!
YES...BUT ONLY IF HE KEEPS HIS NEW
SUIT CLEAN/
Tuesday,
HONGKONG TELEGRAPH
January 21, 1941.
By Ernie Bushmiller
ONE HOUR LATER..
THREE HOURS LATER.
FOUR HOURS LATER...
WELL. HE'S STILL SPOTLESS
HE BEHAVED
VERY WELL!
YEP..
LET'S GIVE HIM A
LI'L TREAT ON D'
WAY HOME!?
72525252525
Jel. 28151.
WINTER SALE
L-NOW PROCEEDING_
BARGAINS IN THE JEWELLERY SECTION
a
41
EVACUATION TEST CASE:
(Continued from Page 2.)
that in
CASE:
of a
DKC-4
-ORNIE BUSHMILA, LE JA
TEXT OF JUDGMENT
TEXT
and others liberty of the subject. They did 802 X.. 649 to E, H. Jones Machine Wrenbury, however, appears to
01:
The
the 4321
the
to net. Honest mistakea might called upon to say how the war that the regulation, must be renson-house in a special area' and in which
ably capable of securing the public ja munition worker is living." a competent authority prohibiting the easily be made and if they were should be carried on.
The Judgments of the learned I have considered as carefully as safety and the defence of the realm. plaint from entering or residing in honestly made the consequences met
There is considerable, authority in Judges who constituted the Divisional defined area in Britain in which be borne as one of the consequences I can of the reported cases in which area lay his home and his business, of a lamentable war, and Serulton Defence of the Realm Regulations or decisions of Judges of this Division Court have been so much referred to
have Regulations
been and the Court of Appeal that there in argument that I feel I must cite They are Rex v. Denison ex parte L. 3. characteristically, said the courts Defence. Nagute (1918), 85 LJ.K.D. 1744, and were always anxious to protect the challenged as ultra vires, from in the may be such a limitation on the from them freely. Darling 3. said: Ronnfeldt
Petition of Right (1015) pawers of the King in Counell. Lord "It is objected that the regulation is v. Phillips
think
bad because it forbids any person, (1010) 35 T.L.R. 16.
both in the interests of the subject 3 In neither of these cases was the and in the interests of the State. In Tools Limited v Farrell and Muir that provided the honesty of the without the consent of the Minister of
toptantive taken
Munitions, to
to take or cause to be validity of the regulation under time of war there must be some smith (Times Newspaper 3rd August, authority to which
any proceedings to recover which action purported to be taken modifications in the interests of the 1940) and from that examination power is delegated is not
of bis own house, and the regulation is intended to be possealun challenged. In the earlier case it State. It had been said that a war certain principles clearly appear.
Act, or to
tenant elect
from it. of could not be conducted wan hek!
the absence of!
There is presumption in favour made for the purposes of the Act. of principles the Seimo evidence that the military authority
of reasonableness and honesty, and there is no other limit on the power where the tenant is employed in certain work connected with war case the honesty of did not honestly suspect the person Mount. It might also be said that air this
the to issue regulations under the Act. It must This view seems to agree with the material. I found my Judgment on to whom the order was directed the war could not be carried on accrd-Executive is not challenged. It court wild not interfere to protecting to the principles of Magna Carta. not be assumed that the powers con- passage from Lord Farker's judge the passage in ftex. Halliday stich person, and that it could not
ferred
upon the Executive by Statutement in The Zamora (1915) 8 A.C. where Lord Finlay says that Parlia Executive's Wide Powers
adopt in 1977 at page 107.): "Those who are ment may entrust great powers to will be abused. enquire whether the ground upon which
the military authorities |
J responsible for the national security Majesty in Council, feeling cer entirely the Very wide powers had been given
the statement of Greer
sonably suspected such person were reason to the Executive to act on suspicion (as he then was) in Hudson's Bay must be the sole judges of what the talu that such powers will be reu- und, further, on exercised; these words Lord
of Atkinson in the able
in matters affecting the interests of Co. v. MacLay (1920) 30 T.L.R. 109 national security requires." In the latter case Bankes L. J. said the State. The
Judges And Security
by some ense: "it
follows, no ineng responsibility for 475 ani 470.
Limits Assigned no doubt the appellant feit very giving these powers resied not with!
"What are the boundaries or limits As applied to the present case however, that if on the face acutely the position in which he had the Judges but with the representa-
regulation it
fr enjoined to be done which been placed by the arder. It was ver of the people in Parliament. of his legislative territory, thus these words construed strictly, seem something to be
the King in Council not in any reasonable not dimrisit to eloquent about The power was given not to the assigned to the King in Council? (1) to mean that
wax
way public suffered by hardships
a man who Judges but to the naval and milltary They must continue only during the is entrusted with the duty of making securing the safety and
(2) regulations for the national security defence of the realm it would not be had been
was upon them and continuance of the present war. prevented for all this time authorities and
enter into the from entering the locality where his not
the upon
Judges that
ultra vires und vold. It is not neces- the They must be exereised honestly with the Judges camol
the regulations business was, but these
onssary to decide this precise point on not responsibility for the exercise of that the intention of securing the public question whether were ordinary times. In a time of grave power rested. Looking at the words safety and defence of the realm (see issued for that purpose have or have the present occasion, but I desire to national peril it was necessary that of the regulation it was plain that the Lord Wrenbury in Rex v. Halliday not any tendency to promote the hold myself free to deal with it when the competent military authorities authorities had very wide power, and 1917 A.C. 260). It is argued that public safety and defence of the it arise should be clothed with wide powers he protested against the Judges' being there is a third Imitation, namely realm.
-
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.
think, however, that is stating the powers granted to the King in Coun-
of 3 required
ald in
could
the
Securing Public Safety
Here I think it does at last arise;
to
In
(2
it.
el rather more widely than the and 1 ask myself whether it is statute Justifies. I do not think thatcessary, or even a reasonable, way valid merely because to aid in securing the publle safety regulation It is issued by the King in Council and the deferice of the realm to give eune of the regulations under the person to Minister to forbid any Institute any proceedings 1914. But Defence of the Realin Act Fit 30 recover possession of a house so I doubt whether the further
long as a worker is living
a war tion is quite correctly stated in the The main question to be decided is form in which it was put in argument whether the occupant is a
a workman In my judgment u regulations employed; and the regulation might which, upon the face of it, could not have been so framed as to make this possibly ald in stearing the public good answer to the application for Fafety or the defence of the realm possession, still
question leaving that be outside the legislative ter-to be decided by a court would
of law. ritory assigned by the Act to the But the regulation as framed forbids King in Council. Lord Atkinson in the owner of the property nécess to Rex v. Halliday suggests, without del legal tribunals in regard to this elding, some such Imitation.
He matter. This might, of course, legal- mays at page 272 "Two conditions are, ty be done by Act of Parliament; but however, imposed. First, regulations think this extreme disability can can only be issued during the war be inflicted only by direct enactment and, second, whatever they purport of the to do must be done for the purpose grave an invasion of
the Legislature itself, and that so the rights of of securing the public safety and the all subjects was not intended by the defence of the realm. It by no Legislature to be accomplished by a means follows, however, that if on dep
on departmental order. It to be ob the face of regulation enfoined or served that this regulation not only required something to be done which deprives the subject of his ordinary could not in any reasonable way aid right to seek justice in the Courts In securing the pubile safety and the of Law, but provides that merely defence of the realm it would not be to resort there without
the per- ultra vires-and-vold. It is not necer-mission-of-the-Minister Muni- sary to decide this precise point on tions first hud and obtained, shall the
present occasion."
of itself be a summary offence, and 50 render the secker
after
Limitation of Powers
In my judgment some such limita- Justice liable to imprisonment and tion of the powers as suggested by ne. I allow that in stress of war we Lord Allinson dues properly arise may rightly be obliged, as we should be ready, to forgo much of our out of the description of the delegated powers ns powers to make regulations Fiery, but I hold that this elemental for securing the public safety and the right of the subjects of the British defence of the realm. If a regulation from them.".
Crown cannot be thus easily taken
Is such that it cannot, on the face of it, conceivably aid in scettring the
re
not
Original Purpose
safety of the public and the defence Avory J. puts the position thus: The purpose in view when the of the realm, it is not, in
in my opinion, within the legislative powers which regulation was mude, namely, to are conferred during the war on His prevent the disturbance of munition workers in their dwellings, may, Majesty in Counell. The third limi- without doubt, be sald to be reason- tation may be stated as follows: Re-able; and a regulation designed to gulations which, on the face of them, prevent such disturbance, providing show that they cannot afford any that no order for ejertinent should be assistance in securing the public made except under conditions safely and the defence of the realm prescribed, would probably be held
within the powers conferred
To be intra vires the statute; but the by the legislature on the King in objection which is made to the regu- Council."
lation as it stands is that it deprives The real foundation
Mr the King's subjects of their right of d'Almada's argument on behalf of the access to the Courts of Justice and plaintiff is Chester v. Bateson 1020 renders them able to punishment if 1 K.B. 829. The regulation in ques- they have the
ask for temerity to tion in the case provided that "no justice in any of the King's Courts, person shall without the consent of In my opinion there is not to be found the Minister of Munitions take any in the statute anything to authorise proceeding for the purpose of obtain-For justify a regulation having that ing an order or decree for the re-result; and nothing less than express covery of possession of, or for the TURN to Back Pago, Column 3 ejectment of a tenant of, any dwelling
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LANE CRAWFORD'S 525252525
The House of Quality & Service
R. A GRAND CONCERT A.
will be held on
23rd January, 1941 Commencing at 2.30 p.m.
in the
LECTURE ROOM,
STONECUTTERS
(By the Courtesy of the managing director.
Shoum's Circus)
ADMISSION 50 CENTS
In aid of the S.C.M. Post War Fund BRITISH TROOPS ONLY
Stage director-Mr J. W.. Dickinson,
PRESIDENT LINER
Sailings
TO SAN FRANCISCO AND LOS ANGELES Via Shanghai, Kobe, Yokohama & Honolulu.
SS "President Claveland"
SS "President Coolidge"
·
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To NEW YORK AND BOSTON
FEB.
FEB. 22
MAR. &
5
Via Manila, Singapore, Penang, Colombo, Bombay & Capetow,
SS. "President Monroe" SS "President Grant" SS "President Jackson"
FED.
#
MAR, 23 MAR. 23
TO MANILA
SS President Cleveland" SS "President Coolidge" SS "President Pierce"
20
JAN. FEB. 13 FEB. 20
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