(21)
\(\)
of 18th July, 1946.
Emergency Legislation
Mr. Creech Jones' Circular Savingram
In accordance with the request in the last paragraph
of the savingram under reference, I report below the general position
for the six month period from 1st March, 1956, to the 31st August, 1956.
2.
Defence Regulations. The Shipping Claims Tribunal Rules,
1956 (G.N.A. 27756) made under the Compensation (Defence) Regulations,
1940, by the Shipping Claims Tribunal, established the procedure to be
followed in the hearing of claims before the Shipping Claims Tribunal,
for compensation in respect of the requisition of vessels.
3.
Amendment of Emergency (Principal) Regulations. The Emergency
(Principal) (Amendment) Regulations, 1956 (G.N.A. 33/56) rescinded
Regulation 116A of the Emergency (Principal) Regulations, 1949.
4.
(a)
5.
(b)
Amendment of Emergency Regulations
by the Emergency (Resettlement Areas) (Amendment) General Rules, 1956
(G.N.A. 19/56) the scale of permit fees in respect of resettlement
areas, set forth in the Emergency (Resettlement Areas) General Rules,
1952, was rescinded and replaced; and
by the Emergency (New Territories Resettle- ment Areas) (Amendment)
Regulations, 1956 (G. N.A. 63/56) the scale of permit fees in respect of
resettlement areas in the New Territories set forth in the Emergency
(New Territories Resettlement Areas) Regulations/was rescinded and
replaced.
1954
No new Emergency Regulations were made and no existing
Emergency Regulations were repealed during the period.
6.
With reference to my savingram No. 435 dated 8th
March, 1956, in respect of the six month period from 1st September,
1955, to 29th February, 1956, and I should be grateful if you would add
the following item which was omitted in error:-
"Repeal of Emergency Regulations. By section 7 of the Penicillin
(Amendment) Ordinance, 1955 (No. 50 of 1955) the Emergency (Penicillin
Ordinance, 1948) (Amendment) Regulations, 1951, and the Emergency
(Penicillin Ordinance, 1948) (Amendment) (No. 2) Regu- lations, 1951 (G.
N.A. 15/51 and 25/51) were revoked."
DWBB: DOLL:b
IT
SECRET
ComarED 440/07
INWARD TELEGRAM
IWAR
TO THE SECRETARY OF STATE FOR THE COLONIES
CORY. SI A...
FROM HONG KONG (Sir A. Grantham)
28
FAR EASTERN 26 OCT 1956 3 w/ BuchIUN
1958
52
Simplex
D. 24th October, 1956. R. 24th
#!
PRIORITY SECRET
No. 839.
13.15 hrs.
LA TU
I
Addressed to S. of S.
Repeated to Peking, No. 274 and by savingram to Commissioner-General for
the U.K.in
South East Asia and Tamsui
(S. of S. please pass to Peking as Priority).
An Emergency Reg wheels
Ordinance
I have been considering the general background to the recent riots and,
in particular, the extent of the inflammatory material in the way of
criminal gangs, which
There are some thousands was sparked off on this occasion. of these
people who are banded together in societies which have no respect for
law and order, are composed of desperate men, and may at any time resort
to open violence when a
The threat presented favourable opportunity presents itself. by these
people could at least be somewhat reduced if means can be found to
remove a few hundred of the ringleaders out of circulation.
2. I have no doubt that the existence of this substantial threat to the
internal security of Hong Kong is due in very large part to our
inability of recent years to use the weapon of deportation, which has in
the past acted as an effective deterrent against persons of this type.
Owing to the practical difficulties of deporting, either to the Mainland
or to Taiwan, it has been necessary to relax progressively the policy of
deportation for certain crimes, until, as a result of some unfortunate
incidents at the beginning of this year connected with junks employed on
surreptitious deportation to the Mainland, deportation virtually ceased
altogether. Police supervision which has been used instead is no
substitute. In the large number of arrests made after the riots we have
pulled in a substantial number of these gentry (1,400 odd have police
records). We cannot afford the risk entailed (which will be an
increasing one) in releasing them in the Colony, either through lack of
evidence to bring them to court or after short sentences imposed on
minor charges. Moreover, there may well be others still at large who are
an equal or greater menace to the security of the Colony.
3. After consultation with my Executive Council, I therefore propose to
enact Emergency Regulations under Chapter 241, that whenever any person
is liable to deportation under the Deportation of Aliens Ordinance, and
I am satisfied that a a deportation Order would be incapable of
enforcement, and (b) it would be contrary to the public interest for the
person to be at large in the Colony, I may make a Detention Order. The
Regulations will also provide for
(i)
Advisory Committees to hear objections against such Orders;
/(11)
mu
(ii) suspension of Order when satisfactory
arrangements have been made for departure of detainee from the Colony;
(iii) suspension of order subject to conditions;
(iv) review of each case half-yearly.
4. Although I have taken temporary powers to legalise retention of these
persons in custody without bringing them before the Courts (vide
paragraph 4 of my telegram No. 816), I am anxious that these Regulations
should be enacted without delay, and I should accordingly be glad to
know by telegram that you are prepared to accept them in principle.
Copies of the Regulations follow by savingram.
53
FED
440/01
(Copies sent to Foreign Office for repetition
to Peking).
ด
Supplement No. 2
TO THE
HONG KONG GOVERNMENT GAZETTE
Published by Authority
SUP, TO GAZETTE NO. [4] SUNDAY, OCTOBER 14, 1956.
No. A. 99.
31
[VOL. XCVIII
50
EMERGENCY REGULATIONS ORDINANCE.
(Chapter 241).
Emergency (Detention) ReguLATIONS, 1956.
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, the Governor in Council has made the following
regulations-
1. These regulations may be cited as the Emergency Citation.
(Detention) Regulations, 1956.
2. (1) Notwithstanding the provisions of any law to the Power of
contrary, any person arrested in connexion with any matter detention.
arising out of the civil commotion which began on the oth day of
October, 1956, may be detained in police custody for the purpose of
inquiries, for a period not exceeding fourteen days from the day of that
person's arrest.
(2) Lists of all persons detained under the provisions of paragraph (1)
specifying the names of such persons and the dates of their arrest shall
be furnished as soon as practicable by the Commissioner of Police to the
Colonial Secretary,
486
THE HONG KONG GOVERNMENT GAZETTE.
of
(3) If the Governor is satisfied that any person or number persons
already in custody ought to be detained in order that further inquiry
may be made, he may from time to time authorize the detention of such
persons for a further period or periods of fourteen days,
GOVERNMENT HOUSE,
14th October, 1956.
D. C. C. LUDDINGTON, Clerk of Councils.
PRINTED AND PUBLISHED BY W. F. G. JENNER, GOVERNMENT PRINTER,
AT THE GOVERNMENT PRESS.
Java Road, HONG KONG.
51
SECRET
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
FROM HONG KONG (Sir A. Grantham)
Cypher (0.T.P.)
D. 2nd November, 1956.
R. 2nd
11
#
10.30 hrs.
PRIORITY SECRET No. 872.
Addressed to S. of S.
Repeated to Peking, No. 282 and by savingram to
Commissioner-General, Singapore, No. 106 and Tamgui, No. 46.
(30)
My telegram No. 839.
Detention Regulations.
49
It is necessary that these regulations should be made not later than the
end of next week. By that time certain persons whom it may be desirable
to detain under them, will be due for release after serving short-terms
of imprisonment for curfew breaking.
2. The need for this measure has now been fortified Uncertainty
regarding
by current events in Middle East.
the steps which Peking might take in support of Egypt add to the tension
and possibility of further trouble in Hong Kong. We must, therefore,
reduce the number of hard- core professional trouble makers who are
permitted to be at large.
3. Accordingly, unless you feel it necessary to comment on the draft
Regulations (which were sent to you under cover of my savingram No. 1803
of 25th October) before Saturday, 10th November, I shall then proceed to
enact them.
Rean Copy
930AM
it
seed
ясность
This bould have been ecwich
by
now.
Pl. let me
sec
carly
5th Nov. with on the file! If the file is not available, let me su
unregistered and bell me who has
the
the file. (It may be with Sofs.) KGd. 2010
кал.
SECRET
9/401/01
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
KOY
37
1956
48
COPY FOR REGISTRATION
FROM HONG KONG (Sir A. Grantham)
Cypher (0.T.P. >
D. 2nd November, 1956.
R. 2nd
+1
10.30 hrs.
EAIA
4
PRIORITY
SECRET
No. 872.
Addressed to S. of S.
Repeated to Peking, No. 282 and by
FAR EASTERN
5 NOV 1856
vingram
Commissioner-General, Singapore No. 106 and Tamsui, No. 46.
30
My telegram No. 839.
32
Detention Regulations.
It is necessary that these regulations should be made not later than the
end of next week. By that time certain persons whom it may be desirable
to detain under them, will be due for release after serving short-terms
of imprisonment for curfew breaking.
2.
The need for this measure has now been fortified by current events
in Middle East. Uncertainty regarding the steps which Peking might take
in support of Egypt add to the tension and possibility of further
trouble in Hong Kong. We must, therefore, reduce the number of hard-
core professional trouble makers who are permitted to be at large.
3. Accordingly, unless you feel it necessary to comment on the draft
Regulations (which were sent to you under cover of my savingram No. 1803
of 25th October) before Saturday, 10th November, I shall then proceed to
enact them.
<
1
I
GMT/Dob.
"100-10/53-A8995,
FED 9,45
SAVINGRAM
SECRET
To the Secretary of State for the Colonies.
PRIORITY
From the Governor, Hong Kong.
Date 25th October, 1956....
No. 18.03.
:
33
CHICE
REGISTR. 3
OCT 1956
COL
1/
45
(30)
My telegram No. 839 of 24th October, 1956.
I enclose herewith copies of the draft Emergency (Detention Orders)
Regulations, 1956, promised in my telegram under reference.
SECRET
FAR EASTERN
31 OCT 1956 REGISTRY SECTION
EMERGENCY REGULATIONS ORDINANCE
(Chapter 241)
Emergency (Detention Orders) Regulations, 1956.
46
Citation.
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, the Governor in Council has made the following
regulations
1.
These regulations may be cited as the Emergency (Detention Orders)
Regulations, 1956.
(1) Wherever the Governor in Council finds under the provisions (Cap.
240) of the Deportation of Aliens Ordinance that any person is liable to
deportation
Detention orders.
and is satisfied that a deportation order in relation to such person is
not
capable of enforcement and that it would be contrary to the public
interest
that such person should remain at large in the Colony, he may, in lieu
of issuing against such person a deportation order under section 3 of
that Ordinance, make an order (hereinafter referred to as a detention
order) against
that person directing that he be detained.
(2) Any person detained in pursuance of a detention order shall be
deemed to be in lawful custody and shall be detained in such place as
may be
authorized by the Governor and in accordance with any directions given
under
regulation 4.
(3) The Governor in Council may direct that the operation of a
detention order be suspended if he is satisfied that arrangements have
been
made for the departure from the Colony of the person to whom the
detention
order relates, and upon the suspension of a detention order, the
Governor in
Council may make a deportation order under the provisions of the
Deportation
of Aliens Ordinance against the person to whom the detention order
relates as
if the detention order had not been made
(4) In addition to the powers contained in paragraph (3), the
Governor in Council may direct that the operation of a detention order
be
suspended subject to such conditions as he may think fit; and the
Governor
in Council may revoke any such direction if he is satisfied that the
person
to whom the detention order relates has failed to observe any condition
so
imposed or that it would be contrary to the public interest that the
detention
order should remain suspended.
2
(5)
The provisions of paragraphs (3) and (4) shall be in addition
to and not in derogation of the provisions of section 16 of the
Interpretation
Ordinance.
Committee
of Review.
3. (1) For the purpose of these regulations there shall be a
Committee of Review or any number of such Committees.
47
The Chairman and
Internal management
of places of deten- tion.
Review by Governor
members of any such Committee shall be appointed by the Governor.
(2) The functions of any such Committee shall be to consider and
make recommendations to the Governor in Council with respect to any
objections
against any detention order which are duly made to the Committee by the
person
to whom the order relates.
(3) The procedure of any such Committee in the carrying out of its
functions shall be in accordance with any rules made under paragraph
(4), cr,
where no such rule is applicable, as the Committee may in any particular
case
determine,
(1) The Governor in Council may make rules as to the procedure of
such a Committee in the carrying out of its functions, including the
constitution cf a quorum, and such rules shall contain provisions for
enabling
any person in respect of whom any such order is made to make objections
against the order either in person or, with leave of the Committee, by
counsel
or solicitor; and every such person shall be informed of his right to
make
objections under this regulation.
4. The Governor in Council may give directions as to the internal
management of and otherwise in connexion with any place of detenticn
authorized under paragraph (2) of regulation 2, and as to the discipline
of
persons detained therein.
5. The case of every person detained under a detention order shall be
reviewed by the Governor at or before the end of each period of six
month.s
during which such person is so detained.
COUNCIL CHAMBER,
1956.
L
Clerk of Councils
!
DRAFT
Mr. Hahran Holic
Mr. Cruchfed 29/10
gemark flod
29/10 Mr.C Medialle
Mr.
Sir.
1. John Martino1/10
Perm. U.S. of S.
Parly. U.S. of S.
XMinister of State
Secretary of State of State
سال شاه
FILE NO. FED 9/401/01
TELEGRAM/*
SAVINGRAM
* The word Priority may, if necessary, be entered here.
Addressed to :-
Gor., Hang
Repeated to :-
Peking
Hong Kong Кад
Tameni
Commersiena-Syneral,
S.E. Ason
Urgency classification :-
Medium :-
Nil
En clair or
Cade
Cypher
RECEIVED
In
- 7 NOV 1956
Geog Deit
Rushford Legal
óc 440,
Distribution-
A.L. Mayall (FR.) youth copy 1 (30).
Th
30
Realy urgently required. Priority Immediate
Emergency
(30)
Number.
907.
BY BAG
Savingrams only.
Your reference
Serial No.
A
44
Keyphisted Dent
Time and date
22 0-0
6
hours
1956
Security classification :- Unclassified Restricted Confidential Secret
TOR Secret Guard
Your telegram
839.
Emayong Regulations: Detention,
Orders.
J
approve in principle.
bopies sent to 2.0. for repetion to
Peking
and
despatch ti
во
lo 2.0. Day Room for
Даз
Tamsui and Commission
general for UK - SE A
Asia)
!
Further action :
0900
8671156
Wt.22673 D6360 2,500 Pads 9/53 W.&A.Ltd.-923 Op.617
SECRET
OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
35A
43
FED 9/401/01
22.00 hrs.
TO HONG KONG (Sir A. Grantham)
Cypher (0.T.P.)
PRIORITY
SECRET No. 907.
Sent 6th November, 1956.
Addressed to Governor, Hong Kong. Repeated to Peking
tt
Tamsui
Commissioner-General,
South East Asia
}
by bag.
Your telegram No. 839.
Emergency Regulations: Detention Orders.
I approve in principle.
(Copies sent to Foreign Office for repetition
to Peking and to Foreign Office Bag Room for despatch to Tamsui and
Commissioner-General, South East Asia).
Copy sent to:-
Foreign Office
Mr. A. L. Mayall
K
DRAFT
Mr..
Mr.
ليكم
Ashton 7/11
Witney 7/14 Mr. Johnston U
Melville 8/11
Mr.
Sir..
Perm. U.S. of S.
Parly. U.S. of S.
Minister of State
Secretary of State
Ju
FILE No.
FET) 9/401/01
TELEGRAM /*
* The word Priority may, if necessary, be entered here.
* SAVINGRAM
Addressed to :-
Number.
Mov., Hong Kong
914.
Repeated to
de
Medium:
Urgency classification :-
N1
En-clair or
Code.
Cypher
• Simplex
Riply urgently required Priority Immediate Emergency
34
Savingrams only.
Your reference
Serial No.
Sent
41
Simplex
Time and date
1515 8. 11.
hours
!
195
H.C.
Security classification :-
Unclassified
Restricted Confidential <SecreD
Top Secret Guard
!!
(33)
Your sawriquam
no. 1803 and belegram
(32)
ha.
872.
REOGIVE