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FROM
CYPHER TELEGRAM
Governor
D. 23rd October, 1940.
R. 24th
HONG KONG
02.35.hrs.
442
No. 672.
With reference to my telegrams No. 445 No. 616 and No. 621 and your telegrams Nos. 435 and 561 relating to probability of evacuation and legality of local emergency regulations under Ordinance No. 5 of 1922 I am advised that my powers to make compulsory deportations in connection with evacuation would be strengthened if I were authorised to proclaim emergency powers Order in Council 9th March, 1939. If I resort to legislation by special ordinance I anticipate unofficial opposition to raising again the question of racial discrimination and I should probably have to use official majority at least one member of which would be reluctant to vote. My reason for desiring additional powers is that Edmonston, Manager of the Hong Kong and Shanghai Bank, has threatened to challenge through judicial committee of the Privy Council any order that may be made respecting his wife and child and Governess and also I am not at all aure what action local courts would take in view of the fact that the 1922 Ordinance was passedat the time of a general strike and not in relation to defence in war especially as emergency powers (Colonial Defence) Orders and Defence Acts 1939 and 1940 do not contain the word: "deportation" and "exclusion". May I therefore issue proclamation?
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