5.
On the other hand, 161 units have been derequisitionel during the
period under review, Of this muaber, 12 units, comprising 11 flats in
the urban area and 1 house in the New Territories, were released by the
Army and 42 units by Government,
I have the honour to be,
Sir,
Your most obedient, humble servant,
rav ta
ww
GOVERNOR.
REGISTRAR'S OFFICE - 8 APR 1952
COLONIAL OFFICE
¡
1532 W418027/6526 100m 7/60 FA G558
C. O.
XEX
Mr.
Mr.
Miss Frost 30/4
Hall
Save L. Gibson
Mr.
In Parkin 7/5
Permt U.S.
Hopkinson 3.5
Parly. U.S. S.
Minister of State
Sidebotham.
5/5
Secretary of State
Your Reference...
23/3231/50
ľ
82
DRAFT
Sir,
GOVERNOR,
(5)
HONG KONG.
SECRET DESFATCH
No
763
1 0 MAY 1952
(6)
I have etc. to refer to your secret despatch No.391
of the 3rd Karoh 1952 on the subject of Emergency Regulations and to
note that the Full Court decided that
I note also that the the regulations are not ultra vires.
course proposed in your paragraph 8 A has been implemented by the
enactment of the Emergency (Arms and Ammunition Ordinance )(Amendment)
Regulations, 1952, and the rescinding
of regulation 116.
2. With regard to the proposal to re-phrase Regulation 116 A. and to
insert it as a new regulation 116, my Legal Advisers have been consulted
as requested in your paragraph 9, and have commented that paragraph (3)
of the new regulation is open to objection in that it would seem to
apply even to possession of a single firearm. despatch lays emphasis on
the test that the quantity and character of the arms, etc., must be such
as would constitute a serious threat to the lives of members of
Your
the community if they fell into the possession of persons prepared to
use the same in the execution of crimes of violence,but this would seem
to be no test at all since
might
a single firearm of a lethal character ki obviously
It would, therefore, seem.
constitute such a threat.
"use the word "osobe" or "arsenal". than words
it is very diferent
hich
FURTHER ACTION
**8390AN of merc
and tart
elds 3:3
IN OKS AT--
decided sammat
word
/In
1532 WL18027/5526 100m 7/60 FA Gp58
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Miss Frost 30/4
ORLANAN PADA J
Hall
4/5
Hopkinson 3.5
So h. Gibson 5.5
J. Parkin 7/5
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Parly. U.S. S.
Minister of State
82
Mr..
DRAFT
Sidebotham.
$/5
Secretary of State
Your Reference 23/3231/50
Sir,
GOVERNOR,
(5)
HONG KONG,
SECRET DESPATCH
No
763
1 0 MAY 1952
(6)
I have etc. to refer to your secret despatch No.391
of the 3rd March 1952 on the subject of Emergency
Regulations and to note that the Full Court decided that
I note also that the the regulations are not ultra vires. course
proposed in your paragraph 8 A has been implemented by the enactment of
the Emergency (Arms and Ammunition Ordinance) (Amendment) Regulations,
1952, and the rescinding
of regulation 116.
2. With regard to the proposal to re-phrase Regulation 116 A. and to
insert it as a new regulation 116, my
Legal Advisors have been consulted as requested in your paragraph 9, and
have commented that paragraph (3) of the new regulation is open to
objection in that it would seem to apply even to possession of a single
firearm. despatch lays emphasis on the test that the quantity and
character of the arms, etc., must be such as would
constitute a serious threat to the lives of members of
Your
the community if they fell into the possession of persons prepared to
use the same in the execution of crimes of violence, but this would seem
to be no test at all since
might
a single firearm of a lethal character would 'obviously
15
buj]
1
1
1
FURTHER ACTION
Alena Pesa -
If the special offence is to be created, it would apparently be
necessary to use the word "cache" or "arsenal" and then to define them
by reference to a number and character of the weapons involved, but it
is observed that the present view of your Legal Advisers is that this
solution is not feasible and my Legal Advisers are not aware of any
precedent for such a provision.
||
!
!
J. in the circumstances, therefore, unless your
advisers are able to draft a more satisfactory clause.
it would appear preferable to drop the idea of creating
this new offence - the possession of a cache or
arsenal.
4. Further comments on the new regulation are as
follows :-
(a) the opening words of paragraph (4) seem
(b)
unnecessary in view of the terms of section
2(4) of the Ordinance;
the reference in the proviso to paragraph (4)
to imitation fire arma is probably unnecessary
but, if a reference to this point is thought
desirable, it should be covered by a substantive
provision and not by a proviso;
(c) the reference to possession with lawful
authority in the proviso to paragraph (4)
seems clearly unnecessary because the earlier
provisions of the Regulation limit the offence
to possession without lawful authority;
(a) sub-paragraph (b) of paragraph(5) seems
unnecessary since "use" clearly includes use
for intimidation and use for a lawful purpose
would not in any event be an offence.
Until a satisfactory new regulation has been drafted
I agree, however, that the present Regulation 116A may
continue in force for a further period of six months and
I approve the suggestion made in para. 11 of your despatch
that validating legislation be held in readiness in case
sentences imposed under the Arms and Ammunition Ordinance
are declared invalid.
I have, etc.
83
DT 59/51/01
Your RetemASTE" 23/3231/50
TASUT
763
COLONIAL OFFICE,
79 7
The Church Ecuse,
Great Smith Street,
Iandon, S.7.1.
ioth
l'ay, 1952.
Sir,
I have the honour to refer to your secret despatch Fo. 371 of the 3rd
March 1952 on the subject of Fæergency Regulations and to note that the
Full Court decided that the regulations are not ultra vires. I rate clso
that the course proposed in your reragraph 8 has been implasental by the
enactment of the Emergency (Fran and Ammunition Calinance) (^ncnäzent)
Regulations, 1952, and the renointing of regulation 116.
2.
With regard to the proposal to re-phrase Fegulation 116 A, enl to inert
it as a new regulation 116, ry Legal Advisers have been congilted as
requested in your paragrogh 9, and heve our ented that paragraph (3) of
the new regulation is open to objection in that it would seem to amly
evan to possession of a single firearm, Youn derzatch lays eaphands on
the test that the quantity and character of the nttan, etc., must be
such as would constitute a serious threat to the lives of ambere că the
commalty 12 they fell into the pogression of persoas prepared to use the
same in the execution of crizes of violence, but this would seen to be
no test at all sirce a single firearm of a lethal character night
constitute mch a timent, If the special offerce is to be created, it
would agerently be necessary to une the word "cache" or "arrezal" and
then to define them by reference to a number and clarecter of the
weapons involved, but it is observed that the pr: sent view of your
legal fûvisers is that this colution is not feasible and my legal
Advisers ere not aware of any proosdent for such a provision,
3.
In the circumstances, therefore, unless your tåvisers sze able to draft
a zere satisfactory clause it would agreer preferable to drop the idea
of cheating this new offence the possession of a cache or exceral,
4. Further comments on the now regulation are as follows:-
(a) the opening words of paragarh (4) sem.
unsecenrary in vier of the teras of rection 2(4) of the Grdinence;
(b) the reference in the proviso to peragraph (4)
to imitation fire res is probably uncOUNDAT but, if e reference to this
point in thought desirable, it should be covered by a mitotentive
provision end not by a provino;
(c) the reference to ressension with lawful
authority in the proviso to servgrash (4) semus olearly uzteconssy
Iæccuse the earlier provisions of the Regulation Hait the offence to
possession without loodul authority;
(1) sub-zara rash (b) of paragraph (5), recEC
Wrecessary saree "use" olearly includes usa fæ intimidation and use for
a lawful purpose would not in any event be an offence,
GOVTITOR,
OIR ALEXANDER GRANTHAM, G.C.M.G.,
ete..
etc.,
15.
5. Until a satisfactory new regulation has been drafted I agree,
however, that the present Regulation 116A may continue in force for a
further period of six months and I approve the suggestion made in
paragraph 11 of your despatch that validating legislation be held in
readiness in case sentences imposed under the Arms and Ammunition
Ordinance are declared invalid.
I have the honour to be,
Sir,
Your most obedient,
humble servant,
GLIME!
80
Bescinded by 6.N.A. 26/52 see (6) on DEF 89/51/01
81
Questin
MERGENCY (PMICIPAL) REGS. 1949 WHICH HAVE BEEN BROUGHT INTO CANISTON
Competent authority.
Wireless transmitting apparatus.
Reg. No. 2.
General interpretation.
H
# 3.
が
14
#1
===
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21.
25.
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26.
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34.
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#
=
=
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36. 37.
40. 50.
51
57.
H 58.
* 65.
-
H
67. 67A.
# 81.
Posting of placards etc. containing incitement to violence. Printing,
sale eto, of documents containing incitement
to violence,
Declaration of special areas.
Trensfer of persons in custody. Restriction orders.
Further detention.
Entry and departure of ships and aircraft. Supplies and repairs to ships
and aircraft. Control of highways and territorial waters. Traffic on
highways.
Powers to stop and search vehicles.
Requisition of property other than land.
Power to camandeer property other than land.
Application of Compensation (Defence) Regs. 1940. Publicity of Ordera.
Affixing of notices.
Identification of persons in custody.
H
83.
84.
រ
#
98.
Π
H 99.
Pavers or entry and search.
H
* 109.
E
竹
=
+
E
==
" 116.
116A.
☐ 117. " 118.
* 119.
"120.
* 124.
n 125. "126. * 131.
# 132.
H
tt
" 133.
H
" 134.
# 135.
" 136.
W
137.
" 138.
Injury to property.
Possession and carrying of arms, ammunition and explosives. Possession
of bambs, grenades and use of arms.
Offensive weapons (not being a firearm).
Consorting with person carrying arms etc.
Failure to report offence of carrying arms, eto,
Consorting or harbouring persons wearing unauthorised
uniforms.
Offences in closed, protected, damaged or evacuated areas. Interference
with and damage to communications.
Proscribed organizations.
Offences by corporations.
Alteration and improper use of licenses and permits.
Attempts to commit an offence.
Liability for offences.
Obtaining possession where possession is an offence. General penalties.
Commencement.
Repeal of previous regulations.
Colonial Secretariat
le No. 25/3231/50
SECRET
NO: 1034
GOVERNMENT HOUSE,
LOTE KONG
28 June, 1952,
Sir,
Dep. 88/51/01.
I have the honour to refer to your secret despatch No. 765 of 10th May,
1952, on the subject of emergency legislation dealing with the illicit
possession, carrying and use of arms, explosives, ato.
2. It appears that the objections to the proposed new Emergency
Regulation 116 cannot be substantially lessened by redrafting; and,
after careful consideration and after consultation with Executive
Council, I have decided not to pursue for the time being the proposal
that existing legisle- tion on this subject should be further amended,
This is not to say, however, that the circumstances of the territory
have in any way so changed as to render it less necessary to impose
unusually severe penalties for this type of offence. On the contrary,
the situation will have to be kept continually under careful review, and
it may well prove necessary for me to raise again, at short notice, the
question of enacting legialation on the lines of the proposed new
Emergency Regulation 116.
5, Meanwhile the existing Emergency Regulation 116A will be kept in
force for a further period of six months as agreed in paragraph 5 of
your despatch under reference.
I have the honour to be,
Sir,
Your most obedient, humble servant,
GOFRON CIR.
THE RIGHT HONOURABLI
OLIVER LYTTELTON, D. S. Q., M.C., M.P.
#b
- 7 JUL 1952
COLONIAL
78
>>
DEF 89/54/01
Extrat from meeting
P SECRET
from meeting with youemes, Haykay 779
in bolonial offer
(2) Emergency Regulations
877/62.
The Hong Kong proposal was to rephrase B. R. 1164, and to attach
the death penalty to the possession of cashes of fire arms. Bir A. Gran
the said that it had been decided that the Colonial Office objections
could not be met by redrafting and that the proposal should not be
pursued for the time being.
Agreed to await a despatch from Hong Kong in reply to
5. of 8.'s despatch No, 763 of 10th May.
SECHET
DEF 89/51/01
Your Refi
23/3231/50 ho 1200 gir,
75 10
COLONIAL CFFICE,
The Church House,
Great Smith Etreet, London, S. 1. 1.
21st July, 1952.
I have the honour to acknowledge the receipt of Sir Alexander Granthan's
despatch No, 1034 Secret, of the 28th June, 1952, concerning emergency
legislation dealing with the illicit possession, carrying and use of
arms and explosives. I note the decisions 1-
(a) not to pursue the proposal that existing legislation on this subject
should be further amended, but to keep the situation under careful
review;
(b) to keep in force the existing Emergency Regulation 116A for a
further period of six months, from the 19th April, 1952, as agreed in my
despatch No. 763 Secret of the 10th Vay, 1952.
I have the honour to be,
sir,
: Your most obedient,
THE OFFICER ADMINISTERING
THE GOVERNMENT OF
HOT KONI
humble servant,
189 W18027/5526 100m 7/60 ▼ ▲ Qp58
$0.
Mr. Andusm 17/2
Mr. Harris (1)
Mr...
Mr...
Little Hopkinson (7.7 Sidebotham
Mr.
I-TITE-PI
DRAFT Despatch
O.A.G. H.K.
DEF 89/51/01.
Permi U.S. of S.
Parly. U.S. S.
Minister of State
Secretary of State
Your Reference 23/3231/50.
R. 18 JUL
18
76
SECRET.
*952
No
1200
(8)
Sir,
I have etc to acknowledge the receipt
Smalesanta frantham's
of the Gavecunt's despatch
人
no
1034 Secret, of
the 28th June, 1952, (mcerning emergency
legislation dealing with the illicit possession,
Carrying
W14
of arms
explosives.
1
note the decisions :-
(a)
not to pursued the proposal that existing
legislation
A
this subject shô be for ther
ish]
Гдел жін Kanded main than betur mi?
FURTHER ACTION
(by
amended,
but to keep the situation
under careful review;
to keep in fuce the existing Emergency Regulation 116A for a further
period of six months, from the 19th April, 1952,
aqued
10" May 1952
my depfaked No. 763 Secret of the
(1) to this have ete.
"I
+
:
མ་
Colonial Secretariat
file No.
/5231/50
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Ilong Kong,
Date 10.52
No. 159 SECRET
74
21/49/51/01
Your Despatch No. 1200 of 21st
July, 1952.
(10)
Emergency Regulation 116 (A)
In accordance with paragraph 1 (2) of
your secret telegram lio. 1468 of 22nd September, 1950, I seek your
agreement to retain Emergency Regulation 116 (A) for a further period of
six months from 19th October, 1952, to 19th April, 1955.
2.
(a)
14237/15/50
During this year the economic situation in Hong Kong
has deteriorated, but, while there has been an increase in serious crime
this has not, fortunately, been in crimes involving the use of arms, the
numbers of which are fewer than last year. I am advised and em satisfied
that the existence of Emergency Regulation 116 (A) continues to have a
strong deterrent effect on persons who might otherwise be disposed to
use arms for criminal purposes. I am satisfied that the present would be
an inopportune time to consider the suspension of the Regulations.
ADRH
DRH:b
#7 OCT 1952
:
BERIT
Saving
My Refi- DXF 89/51/01. Your Ref:- 23/3231/50.
the Secretary of State for the Colonies.
72:2
HONG KONG
Officer Administering the Government of
-------
182
Date
October, 1952.
1712
No.