AL.L
Mesin to betinal
A
force
of taken. AYS
Check o ma twith.
46
A
the
69089/Sec
30 10 Sc.
4/4/57
12 HK Sav 43 w
Put by.
Witam 23/3.atones.
7
353
1
Hooy
113. Güv
pbachlei
15/4155
Please attack
14237/15/51 +
rend to 19:1 Harris
SAY 517- Wimm
Mr. Couchtay Mr. Mackintosh.
1x
I'm (13) the Govenor seats approval for the inativesomes in fores for a
further period of months of Emergency Regulations 1164, a which will be
found at (10A)
copy of
in 14227/15/1951.
The history
1
of this Regulatim is outlined in my
minute of 14.10.62 on
HKP 488/85/01.
See
do Iix T. Lloyd's minute of
Si. J. Packin's minute of 10.10.53
15. 4.53
that
file.
F
1.
Renewal of ER 1169
best appoond is
October 1954
when the file
He
submitted
stati.
1.4.55
to He Minister of
situation he not changed radically rime
11
3.
The
свои
and
10.10.1983 referred Dis J. Paskine minute
7
ER 116 A I subunit that
է
і
he
should
once agains
renewed for
further period of six months
k.
I have marked He fole 'immediate as the
current six months period expires
Dift how.
April 19th
hru cum's
160|4.
I agree
II Conchley 1614
Am 18v
18.4.55
To Hong Kong.
TEL 390-
12
by to note...
hoted in bil
48.
60756
15 Hong Kong live
Sup=
15/1155
N034
by. Mr Howard - Drake 14/9/55 imbelly 1/4
14
B
In Howard Drake
مة
سبك
above
f
Hong Kong
M. Cuchley
1.E. hill 14/9.
Saw. 1483.
my doubts about some
which Emergency Reps.
we spoke
I mentioned
the
иметь д
in
Hong Kong are
bering put. You
said
would
like to an
день
the
рафлам
which I went ahwith.
So-Such
дя
13/9
Subsection (1) of section 2 of
Regulations
the
Ordinance
Comment
(Carp. 241) makes the Governor the sale gidge of when
is one
of emergency
occasion
public danger;
I and
:
(Imule out a (patent audita)
and
he consides that such an
he many
excision has arisen
any
make
considers to
13
regulations which he comentes
in the public interest
be desirable
any
It is difficult to envisage Governor's
nstances?
decision on
which the
either of them
points could be challenged succenfully
any
Court.
I see
from (5)
of
fact
with
14237/15/1949 that the wris certain provisions were mis challenged (and
unmccessfully);
1949.
but
ground.
Are are
dange be may
2. A
that
there is
once there
public
· coordingly, of emergency
the Governor's opinion, make regulations
the Wichmance
on any
considers desurable
math he
tamm
if
thing
on respect of subject's not obviously connected with
an enginy
I note that
public safety. penicillin and agricultural poisons
that each have been the subject of emergen regulations, and
think that
other of could reasonably be said to be desirable
the
grounds stated in section 2 (i) of
the Ordinance.
3. Looking through his
3.
Regulations reported
and made
two
I see no
Fronthly parade, legal
objection
to
fing
the
the use
the James
th
move being made mander section 2(1),
ян.
1.4. Couchley 18/10
17 Hong Kong Jal. 1037 Pty Leart boren 19/10/3
Conson
18
H
There is clearly
and 16.7
14
no reason not to applove the extension of Reg. 1161 for a further period
of 6 months of have unt a telepem accordingly.
I
not sun (8) when I cent (17).
I hand
12
тель.
Hong Kong TelNo 1044
20 H.
K..
T:
717
Sir John Martin-
bow. Stale
25710.
90-10-55
+
J
Please
brought to
may
(17)-(20) [(8) had not been ✓ cent (^)].
attention when
I
2. Regulation 116 A provides for the
death penalty for the poracision or are
arms
ammunition etc. It is subject
to the approval of the s.of.5. at intervals
If six months.
3. Approval (14) until the 19th October 1955
wes lest given at
of.
In view of the shortage of
timise
in her. Mackintosh's absence abroad, I took the responsibility of
authoring
this. I hope
the evidence of
extension for
A
further ein
you
will
that on
арме
(18)
in the absence of any majir
alteration in the circumstances of Hong Kong,
we would not do otherwise than accept
the Governor's adore.
15
iL
(19)usted
in 4L. J.
11
from Jink
4/10
I agree (ext next time this showed be
Sent forward to be her authority of within Connect on Fri 7. Lloyd's
minute of 15.4.53
on the 488/85/01).
B.J. 25 mart 1956.
101.
27/10
aloner
824/11/
of once
25/10 of
21 Hory Key Son 435
J
8/31:41
Reports general position for six months
1. Sept 155 t
29
Feb "56.
In Behan
for
ow
The periodiz
periodiz review
political information
untains nothing startling.
minik o
with reference
of
16
at (21) 15
if
6th Howard-Drakes
the 28th Ortner, Regulation
described in Ihr Harns's
116 A (which is described in
mture of the Kith Ortsher 1952 on
due for
HKP 698785/01) will fall due
renewal
H.K.
успе
on the 20th Apul. has home
little time framider
The matter, their recommendation arriving
nine days
beforehand.
'We shd remind
1.1. of the importance
of
C
careful
consideration of the necessity of the)
as in draft telegram opposite.
Regulation
(21). Put by
314
better
Best Innell
2313
had
another week
ke the draft apposite,
gine Hay Kay before telegraphing if necessay.
Bu early
we
3rd April after
checking whether the desired report
received.
been
hes
in Ashton
17
ви
✓ minute 26/3.
AE Bath
Mr. Whitty
would
Re the deaft telegram opposte,
you pl.
check at arce
whether
The desired communication has been
If it has, register
and
of it has not, senst
received.
cuc. to the.
The telegram
18
1440.
13/14
- Hongkong.
Katona
34
5.4.56.
<
Tel, 290. Cons
5.4.56
23" Hong King Tee 274
b
Ref (22) Proposes to rescind Reg. 116A.
24 Slee
Slazy
•RGAY.
Sain bn.) b 1.56
King - Sev Br). Ruf (18) & (19) No longer presses for retention of Reg,
116H
18
* Copy temprarily
Enclosed.
Mr. Cruchle Mr. Terrell Mr. Johnston
2.
12/4
Please see (24).
Regulation 116(a)*required the death penalty for conviction of (a)
carrying or possessing without lawful authority a bomb, grenade, mine or
other similar apparatus; or (b) using or attempting to use arms,
ammunition or explosive substance against any person or property even if
that use does not cause death or injury.
3. The regulation has always been distasteful to the Secretary of State
and, when it was made in 1950, the condition was imposed that its
continuance in force should be reviewed every six months and a
recommendation be made at
that interval to the Secretary of State, e.g. (18) (19).
4. You may be interested to note that the Governor now proposes to
rescind the regulation at an early date.
5. Legal Library to see.
Sean thanks.
Wienell
16/4.
Kataton
(K. G. Ashton) 12th April, 1956
So28 (6)
Sozk
келся
Legal Libram
Pl take paper ✓A
71
20
of
24
See thanks
Thin
20/4.
27/4/10
25 Exifier Reath
26 C.T. Crowe, F.O.
ow
Fed 289/499/01
Orig aft
Put in
hve
30/4/576
Tinnell
alance
575
27 Hong Kong Sau 1202
Orig aft
b
m
THED 604/499/01
Tully
Ther
well
19/7/56
atrice 19/7
28 Reference to Exicutin Concl
Regulation 116A.
ستار ١١٠٠٠
29 Hiking Car 1565
Reforti
19
171.6
general position for 6 month
Period 1.3.56
You
1.3.56 to 31.8.50.
Me. Cuchley.
Dow
Place асс
(૩૧).
Para. 3 thereof clates to (24), which
cartier.
.
Unters I have missed a legal
I is belied by para
point, para. probably
was
in cuor.
3 and
contine statement nincluded
Subject to comments, p.6.
No comments. Put
Put day IH Cruichley 18/9
art ar c
Klitshran
7/9/56
*
30 H. Kry Tel 339
24.1056
31 Supha2 11 Kang Savelle
14-10-56
20
Mr. Cunchly.
FED
(7) 124/402/01 (flagged)
崾
Jde.
2.
Mr. Johnston.
For some years
Please see (30) and the duft opposite.
the Chiners People's" "Yout. has ufused to accept criminal departées
from Hong Kong. When deportation has been absolutely cosential, the
Lovernor has the deportics dumped surreptitions- Chinese coast by pink.
According para. 2 of (30) such junks,
2 had to;
Oh
The
well
involved
year.
in "unfortunate incidents" carly this I do not wealt hearing of the
incidents, but we had certainly not overlocked the
and haute had conceperature possibility
which did not about it with the F.D., where cent months
seam to be
vely
wonied.
In
from (30) that
the Gevemos has tried to avoid deportations cutively by using the Police
Supervision,
Ir appears that policy has been ineffective. Therefore he new wishes to
try
3.