Order in Council making the Army Act to apply to persons in the Colony. We did not consider he details of the regulations under the Acts nor how far such measures as could be brought into operation in the Colony under the Order in Council and Army Act could be so brought into operation by the Governor as opposed to the Officer Commanding the Forces, since the question of a conflict of jurisdic- tion between these two officers had not then been
brought to our notice. When we reply to the Governor we must, I think, explain in this sense trough we need not trouble the War Office with this aspect of
tue question.
With regard to the practical questions now raised by the Governor I agree generally as to the views expressed by him on the possibility of con- ferring on the Governor the powers mentioned in the Commanding Officer's letter of the 19th of October by means of the Order in Council. It does not matter how these powers are conferred on the Governor and it will be best to supplement the Order in Council by local legislation where there is any
doubt on the subject.
? as proposed
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3.
Rec
50252
Race 17 DEC 14
332
HONGKONG.
GOVERNMENT HOUSE.
7th November, 1914.
Sir,
I have the honour to transmit the enclosed copy of correspondence with the General Officer Commanding concerning the
application of the regulations made under the Defence of the Realm Act to this Colony together with paraphrases of telegraphic corres- pondence with you on the subject.
2.
I had a conversation with Major-General Kelly on the
subject of fresh legislation and I pointed out to him that under
the Order-in-Council of October 1896 (Section 15 of Clause III)
there is power to enter upon and inspect any land or building under
an order of the Governor in writing. It seemed to me sufficient to
amplify that section somewhat on the lines of Section 12 of the regulations published in the second supplement to the London Gazette of the 11th of August, 1914, so as to include vessels and to authorise the seizure of articles found. I gathered that the
General would prefer to have the power of entry and search in his
own hands. I submit that in a Colony of such limited area as Hong Kong there is no necessity for this. Moreover it seems to me
undesirable to give to the Military Authorities the uncontrolled power of entry into and search of private premises.
Regarding the power to search persons without warrant
Soldiers difficulties have already arisen here owing to
attempting to search Chinese and I have placed a number of Chinese Police at the disposal of the Military Authorities to take post at
HE RIGHT HONOURABLE
LEWIS HARCOURT, M.P.
&C.,
&c.,
&c.
1