27%
i'
Officer Commanding any of the powers with
which Major General Kelly in his letter of
the 19th of October desired to be invested.
It will be remembered that the powers in
question had reference to the following
eight points:-
(i) Right of access to land or buildings
(ii) Search of person or property.
(iii) Clearing of areas.
(iv) Closing undesirable premises
(v) Arrest without warrant.
(vi) Restriction as to hours when people
may be out of their houses.
(vii) Restraint regarding the showing of lights
(viii) The forgery of or tampering with passes. 44 it appears to Mr Marcourt that, with the
possible exception of the power to arrest
without warrant, none of these powers are
conferred by the Army Act on the General
Officer Commanding with reference to camo
followers. With reference to the power to
arrest
50252/14
DRAFT.
arrest without warrant
am to observe
that this is a purely auxiliary power and
against curhaus could only be exercised in cases where
Airhaus
the civil populatis were held to be
subjected to the jurisdiction of the
Military Authorities by the Order in
The power to arrest woula,
therefore, be strictly limited by the
Council.
considerations set out above.
5.
Mir Harcourt is advised that,
although the Order in Council is
general in terms, its intention is
sufficiently clear to render a refer-
ence to the Law Officers of the Crown
Minkelwary
unjustifiable, and I am to pointout
that, since the fall of Tsingtao and the
internment of enemy subjects in Hong
Kong,any emergency which might have
justified local legislation on the lines
of the regulations under the Defence of
the
i