- 8 NOV 1956
In Tel. G.D.
+
1200
7.1106
Distribution :-
Cuppy of this and of (3/4)
and/
to Mr. C.T. Glawe (Fr.) Mr A.L. Mayall (FP)
Geog Legal To
differ action
60
Emergency (Detention Ewers) Regulating
19576.
SOCIA
I have the following comments
* (9) Regulation 3 (4). The
proceedings before advisory conmrutter hearing objections against
C
detention order it is
a
usual
on that
provision
the Aby clar should be
informed of the
ajamist
hein.
Case
That was
so in the U. K. during
The last was under
W:.22673 D6360 2,500 Pads 9/53 W.RA.Ltd.-923 Gp.617
L
Regulation
18B and
and it
is
now included in
The
Cyprus.
Cyprus Emergency Regulations. December Сурана There jou in plot of your
Urmid zou please including a provision
consider including
that every ibjecter shall be
fumished with sufficient
particular to
give
hein
reasonable information as to
The nature of the facto alleged against
(6) Regulation 5.
hein.
Since the making
the
of a detention ander, the suspension The reef, and conorduration of
recommendation of
of review
The
a committee
are all functions Governor in Corneil, it would
seem reasonable that the six monthly review should also be made by the
Gorsser in Council. I should be glad
if you
would consider that,
42
D
¡
і
SECRET
OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
Simplex
IMMEDIATE SECRET No. 917
TO HONG KONG (Sir A. Grantham)
Sent 8th November, 1956.
FED 9/401/01
15.15 hrs.
34
40
Your savingram No. 1803 and telegram No. 872. Emergency (Detention
Orders) Regulations, 1956.
I have the following comments.
(a) Regulation 3(4). For proceedings before
an advisory committee hearing objections against a detention order it is
a usual provision that the objector should be informed of the case
against him, That was so in the U.K. during the last war under
Regulation 18B and it is now included in the Cyprus Emergency
Regulations. Would you please consider including a provision that every
objector shall be furnished with sufficient particulars to give him
reasonable information as to the nature of the facts alleged against
him.
(b) Regulation 5. Since the making of a detention
order, the suspension thereof, and consideration of the recommendations
of a committee of review are all functions of the Governor in Council,
it would seem reasonable that the six monthly review should also be made
by the Governor in Council. I should be glad if you would consider that.
Copies sent to:-
Foreign Office
Mr. C.T. Crowe Mr. A.L. Mayall
C.S. 84
ColoTMal Secretariat
16 o. 27/3231/56 SAVINGRAM
file
To the Secretary of State for the Colonies.
From the Governor, Hong Kong
28th November, 1956
Date
No.
2008..
November, 1956.
Regulations, 1956
copies of:-
(8)
(b)
1=
31
Fo9/201/01
Your telegram No. 917 of 8th
(34)
Emergency (Detention Orders)
I enclose for your information
the Emergency (Detention Orders) Regulations which were made on 13th
November and published in the Gazette on 16th November;
the Emergency (Review of Deten- tion Orders) Rules, 1956, which were
made on 27th November and will be published on 30th November.
Db
CHIEF REGISTRAR'S OFFICE.
- 3 DEC 1956
=
COLONNE OFFI
Supplement No. 2
TO THE
HONG KONG GOVERNMENT GAZETTE
Published by Authority
SUP. TO GAZETTE No. 61] FRIDAY, NOVEMBER 16, 1956,
[VOL. XCVIII
No. A. 103.
ROYAL HONG KONG DEFENCE FORCE ORDINANCE, 1951. (No. 25 of 1951).
ROYAL Hong Kong Defence FORCE (AMENDMENT) (No. 2) REGULATIONS, 1956.
In exercise of the powers conferred by section 15 of the Royal
Hong Kong Defence Force Ordinance, 1951, the Governor in Council has
made the following regulations--
1. These regulations may be cited as the Royal Hong Kong Citation.
Defence Force (Amendment) (No. 2) Regulations, 1956.
2. Regulation 5 of the Royal Hong Kong Defence Force Amend- Regulations
is amended by the insertion of the word "each" ment of immediately
following the words "two years" appearing therein and the deletion of
all words thereafter.
regula- tion 5. (Vol. X, p. 428).
COUNCIL CHAMBER,
13th November, 1956.
D. C. C. LUDDINGTON,
Clerk of Councils,
32
498
Citation.
Detention orders. (Cap. 240).
Legal custody.
THE HONG KONG GOVERNMENT GAZETTE.
Explanatory Note.
Nate is not part of the regulations, but is intended
to indicate their general purport).
Under the present regulation 5 of the Royal Hong Kong Defence
Force Regulations the appointment of a Commandant may not be extended so
as to result in the holding of the appointment for more than eight years
in all. The object of this proposed amendment is to permit of further
extensions at the discretion of the Governor as advised by the
appropriate Service Commander, without specified limit.
(Secretariat D/DF/CMD)
No. A. 104.
EMERGENCY REGULATIONS ORDINANCE. (Chapter 241).
EMERGENCY (DETENTION Orders) 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 (Detention Orders)
Regulations, 1956.
2. Wherever the Governor in Council finds under the provi- sions
of section 3 of the Deportation of Aliens Ordinance that any person is
liable to deportation and is satisfied that it would be impracticable to
enforce a deportation order in relation to such person 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, make an order (hereinafter referred to as a detention
order) against that person directing that he be detained.
3. Any person to whom a detention order relates (herein- after
referred to as a detained person) may be detained in such place as may
be authorized by the Governor (hereinafter referred to as a place of
detention) in accordance with these regulations and with directions
given under regulation 6, and any person so detained shall be deemed to
be in legal custody.
33
?
34
SUPPLEMENT No. 2, NOVEMBER 16, 1956.
499
tion orders.
4. (1) The Governor in Council may direct that the opera- Suspension
tion of a detention order be suspended if he is satisfied that of deten
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.
(2) In addition to the powers contained in paragraph (1), 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.
(3) The provisions of paragraphs (1) and (2) shall be in addition to and
not in derogation of the provisions of section it of the Interpretation
Ordinance.
(Cap. 1).
5. (1) For the purpose of these regulations there shall be a Committee
Committee of Review or any number of such Committees. Any of Review,
such Committee shall consist of a Chairman to be appointed by the
Governor and two members of the panel appointed under paragraph (6)
selected by the Colonial Secretary.
(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), or, where no such rule is applicable, as the Committee may in any
particular case determine.
(4) The Governor in Council may make rules as to the procedure of such a
Committee in the carrying out of its functions, and such rules shall
contain provisions for enabling any person in respect of whom any such
order is made to make objections
35
500
THE HONG KONG GOVERNMENT GAZETTE.
Internal
manage- ment of places of detention.
Review by
Governor
against the order either in person or, with the leave of the Committee,
by counsel or solicitor; and every such person shall be informed of his
right to make objections under this regulation.
(5) It shall be the duty of the Chairman of a Committer to inform every
person making objections of the grounds on which the detention order has
been made against him, and to furnish him with such particulars as are,
in the opinion of the Chairman. sufficient to enable him to present his
case.
(6) The Governor may appoint such persons as he may think fit to be
members of a panel for the purposes of this regula-
tion.
8. The Governor may give directions consistent with these
regulations as to the internal management of and otherwise in connexion
with any place of detention, and as to the discipline of persons
detained therein.
7. The case of every person detained under a detention order in Council.
shall be reviewed by the Governor in Council at or before the end of
each period of six months during which such person is so detained.
Officers
to be appointed
to effect detention.
Manage- ment. etc., of
places of detention.
(No. 17 of 1954).
8. The Governor may appoint a Superintendent and other officers
under the control of the Superintendent to effect the detention of
detained persons in accordance with these regulations and with
directions given under regulation 6.
9.
(1) For the purposes of this regulation- "officer" means an
officer appointed under regulation 8; "Superintendent" means the
Superintendent appointed under
regulation 8.
(2) The provisions of the Prisons Ordinance, 1954, and the Prison
Rules, 1954, subject to such modifications as the Governor may order and
except as such provisions are inconsistent with the provisions of these
regulations, shall apply, so far as the same are applicable, to the
detention of detained persons for all purposes whatsoever as they apply
to persons detained in prison
SUPPLEMENT No. 2, NOVEMBER 16, 1956.
501
under the provisions of the Deportation of Aliens Ordinance as (Cap.
240). if for the word or words in the first column of the Table
hereunder were substituted the word or words opposite thereto in the
second column of the said Table incorporating such grammatical varia-
tions thereof as may be required.
First column
Commissioner
officer of the prison
officer of the Prisons
Department prison officer
prison
prisoner
the Medical Officer
Second column
Superintendent
officer
place of detention detained person
a medical officer authorized
by the Superintendent.
etc.
10. Any officer of the Prisons Department who is an officer Discipline
appointed under regulation 8 and any other person employed in of
officers, a place of detention shail be subject to the provisions of
Part V of the Prison Rules, 1954, (which relate to the discipline of
such officers and persons in prisons) in all respects as if the place of
detention were a prison and the persons detained therein were prisoners.
11. (1) No detained person shall be required to engage in Detained
work.
persons not liable to engage
pulsory
Betained (2)
persons may receive payment for voluntary in com- work in accordance
with rates to be approved by the Governor. work.
COUNCIL CHAMBER,
13th November, 1956.
D. C. C.
LUDDINGTON, Clerk of Councils.
36
502
THE HONG KONG GOVERNMENT GAZETTE,
Explanatory Note.
(This Note is not part of the regulations, but in intended to indicate
their general purport).
Under the Deportation of Aliens Ordinance, Chapter 240, the Governor in
Council may issue deportation orders against aliens in certain
circumstances. The purpose of these regulations is to provide an
alterna- tive course by enabling the Governor in Council to order the
detention of any person liable to deportation under that Ordinance where
he is satisfied that a deportation order would not be capable of
enforcement and it would be contrary to the public interest that such
person should remain at large. The power to make auch detention orders
is conferred by regulation 2.
2. Regulation 3 provides for the detention of persons against whom a
detention order is miado,
3. Regulation 4 allows the Governor in Council to suspend a detention
order and issue a deportation order where he is satisfied that
arrangements have been made for the departure from the Colony of the
person concerned. or to suspend a detention order subject to conditions.
Regulation 5 provides for the setting up of Committees of Review to
consider objections to detention orders and to make recommendations to
the Governor in Council with respect to such objections.
*.
6. Regulation 6 enables the Governor to give directions as to the
internal management and discipline in places of detention.
6. Regulation 7 requires the case of each detained person to be reviewed
by the Governor every six months.
7. Regulations 8 and 9 respectively provide for the appointment of
detention officers, and apply the provisions of the Prisons Ordinance
and Rules, 1954, so far as they are applicable, to persons detained
under the regulations, as they apply to persons detained prior to
deportation.
8. Regulation 10 applies the disciplinary provisions of the Prison
Rules, 1954, to prison officers appointed under regulation 8 and other
persons employed in places of detention.
Regulation 11 prohibits compulsory work in places of detention and
permits payment for voluntary work.
9.
યુ.
(Secretariat 27/3231/56)
PRINTED AND PUBLISHED BY W. F. G. JENNER. GOVERNMENT PRINTER,
AT THE Government Press.
JAVA ROAD. HONG KONG
37
|
ง
38
EMERGENCY (DETENTION ORDERS) REGULATIONS, 1956.
Emergency (Review of Detention Orders) Rules, 1956
Citation
In exercise of the powers conferred by regulation 5
of the Emergency (Detention Orders) Regulations, 1956, the Governor in
Council has made the following rules
These rules may be cited as the
1.
Emergency (Review of Detention Orders) Rules, 1956.
-
Interpreta-
tion.
2.
In these rules
M
haking of
objections.
Recommenda- tions of Committee,
Hearings to
be in camera
Place of hearing.
"Committee" means a Committee of Review established under
regulation 5 of the regulatiɔns;
"regulations" means the Emergency (Detention Orders) Regula-
tions, 1956;
"Superintendent" means the Superintendent appointed under
regulation 8 of the regulations.
3.
Any person detained under a detention
order made under the regulations may, within fourteen days of
his being informed of his right to make objections, give to the
Superintendent notice in writing in the form prescribed in the
Appendix that he wishes to make objections against the deten- tion
order, and the Superintendent shall immediately forward
such notice to the Chairman of a Committee.
4.
A Committee, having considered the
objections made under rule 4, shall make such recommendations
to the Governor in Council as to the continued operation or
suspension or revocation of or any other matter relating to
the detention order concerned as it may decide,
5.
be in camera.
6.
Every hearing by a Committee shall
A hearing by a Committee shall be
Decisions to
be by major-
ity vote.
held at such place as the Chairman of the Committee may decide.
7.
All decisions made by a Committee
shall be by a majority vote.
APPENDIX.
FORM
EMERGENCY (REVIEW OF DETENTION ORDERS) RULES, 1956.
NOTICE OF INTENTION TO
MAKE OBJECTIONS TO A DETENTION ORDER.
F.J
To the Superintendent.
I hereby give notice that I wish to make objections against a
detention order dated
COUNCIL CHAMBER,
1958.
(Signed)
(Date)
Clerk of Councils.
39
C.S. 18
Colonial Secretariat
file No.27/3231/56 SAVINGRAM
To the Secretary of State for the Colonies.
'rom the Governor, Hong Kong
26
t
FAR EASTERN
Date
7
7%
December, 1956.
12 DEC 1956
No.
.....2065
REGISTRY SECTION
My savingram No. 2008 of 28th
November, 1956.
Emergency (Detention Orders)
Regulations.
I enclose for your information a copy of the Emergency (Review of
Detention Orders) (Amendment) Rules, 1956, which have been published
today. Any confusion which may have been caused by the omission is
regretted.
For convenience I also attach
2.
a copy of the Rules as amended.
D
12DECH.
COLONIAL OFFR
.3)
EMERGENCY (DETENTION ORDERS) REGULATIONS, 1956.
(G.N.A. 104/56).
Energency (Review of Detention Orders) (Amendment) Rules, 1956.
27
Citation.
Addition of new rulo 4.
(G.N.A.108/56),
Renumbering
of rules
4,5,6 and 7.
In excrcise of the powers conferred by regulation 5 of
the Emergency (Detention Orders) Regulations, 1956, the Governor in
Council has made the following rules
d
1. These rules may be cited as the Baergency (Review of
Detention Orders; (endment) Rules, 1956.
2.
The Emergency (Review of Ietention Orders) Rules, 1956,
(hereinafter referred to as the principal rules) are amended by the
addition after rule 3 of the following new rule
"Hearing of
objections.
4. Upon a notice being forwarded to the
Chairman of a Committee in accordance with rule 3,
the Committee shall hear the person by whom the
notice was given or, in the discretion of the
Committee, any counsel or solicitor representing
such person, and any witness to such extent as the
Committee considers reasonable, and shall consider
the objections made.".
3. Rules 4, 5, 6 and 7 of the principal rules are acended by
being renumbered rules 5, 6, 7 and 8 respectively.
COUNCIL CHAMBER,
6th December
,1956.
D.C.C.Luddington
Clerk of Councils.
Explanatory Noto.
(This Note is not part of the rules but is intended to indicato their
gencral purport.)
These rules introduce into the Emergency (Review of Detention Orders)
Rules, 1956, a new rule 4 dealing with the hcoring of objections made by
a person detained under the Emergency (Detention Orders) Regulations,
1956. The new rule wes inadvertently omitted when the principal rules
were subuitted for enactment.
Citation
Interpreta- tion.
Kaking of objections.
Hearing of objections
Recommenda- tions of Committee
EMERGENCY (DETENTION ORDERS) REGULATIONS,
1956
Emergency (Review of Detention Orders) Rules,1956
28
In exercise of the powers conferred by
regulation 5 of the Emergency (Detention Orders) Regulations,
1956, the Governor in Council has made the following rules
1.
These rules may be cited as the
Emergency (Review of Detention Orders) Rules, 1956.
2.
In these rules
"Committee" means a Committee of Review established under
regulation 5 of the regulations;
"regulations" means the Emergency (Detention Orders) Regula-
tions, 1956;
"Superintendent" means the Superintendent appointed under
regulation 8 of the regulations.
3.
Any person detained under a detention
order made under the regulations may, within fourteen days of
his being informed of his right to make objections, give to the
Superintendent notice in writing in the form prescribed in the
Appendix that he wishes to make objections against the deten-
tion order, and the Superintendent shall immediately forward
such notice to the Chairman of a Committee.
4.
Upon a notice being forwarded to the
Chairman of a Committee in accordance with rule 3, the
Committee shall hear the person by whom the notice was given
or, in the discretion of the Committee, any counsel or
solicitor representing such person, and any witness to such
extent as the Committee considers reasonable, and shall
consider the objections made.
5.
A Committee, having considered the
objections made under rule 4, shall make such recommendations to the
Governor in Council as to the continued operation or
suspension or revocation of or any other matter relating
to the detention order concerned as it may decide.
He. Mings to
be in camera
6.
be in camera,
Place of hearing.
Every hearing by a Committee shall
7.
A hearing by a Committee shall be
held at such place as the Chairman of the Committee
may decide.
Decisions to be by major-
8.