RECEIVED
21 SEP 1950:
In Tel. C.D.
(13)
(16)
Defence gal
35c
Juesa conditime are necessary kumbin tineet posible
criters in Putraimint here, but
Distribution -
Your secret savingram No. 116.
Proposed regulation 116A.
In view of recent increase in crimes of
violence involving to use of arms and resulting in
the death of police officers and the disturbing effect
on law and order of guerilla activities referred to in
your secret savingram No. 115 I agree that you may
proceed with enactment of the proposed regulation
116A, subject to the following conditions:-
(i) the regulation will be repealed as soon as the
situation permits;
(ii) if not repealed within six months be necessity
for continuing the regulation in existence will
then be reviewed and my further agreement sought
to continuance;
(iii) if the regulation is repealed my prior approval
2.
must be obtained before it is again enacted.
pukes
I appreciate that the disclosure of condition
(ii) to the Legislature may be undesirable.and 3n these
circumstances I agree that it will be sufficient if
conditions (i) and (iii) are made clear to them, and as
Further action :---
Recirc. for conson of (14)
Wt. 23588882 50m 949 Wa. & Co. sra
regards condition (ii) it will suffice to state in
/continuation
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:
3.
+
continuation of /condition (i) that "in the meantime
the necessity for continuing the regulation in
existence will be periodically reviewed",
Please helpräpt whether you agree
S:CER.
-
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OUTWARD TELEGRAM.
FROM THE SECRETARY OF STATE FOR THE COLONIES.
14237/15/50
Typex
TÓ HONG KONG (0.A.G.)
Sent 22nd September, 1950. 21.15 hrs.
IMMEDIATE
14
No. 1468.
Secret.
Your secret savingram No. 116.
Proposed regulation 116A.
In view of recent increase in crimes of violence involving use of arms
and resulting in the death of police officers and disturbing effect on
law and order of guerrilla activities referred to in your secret
savingram No. 115 I agree that you may proceed with enactment of
proposed regulation 116A, subject to following conditions:-
(i) the regulation will be repealed as soon as
situation permits;
(ii) if not repealed within six months necessity for continuing
regulation in existence will then be reviewed and my further agreement
sought to continuance;
(iii) if the regulation is repealed my prior approval
must be obtained before it is again enacted.
2. These conditions are necessary to enable me to meet possible
criticism in Parliament here, but I appreciate that public disclosure of
condition (ii) to the Legislature may be undesirable. In these
circumstances I agree that it will be sufficient if conditions (i) and
(iii) are made clear to them, and as regarde condition (ii) it will
suffice to state in continuation of condition (1) that "in the meantime
the necessity for continuing the regulation in existence will be
periodically reviewed".
3. Please telegraph whether you agree.
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Secretariat file No. 3/3011/46.
CUPLICATE
GOVERNMENT HOUSË, HONG KONG
19A
22September, 1950.
B. 103
49
Sir,
16
4237/4/1/4
I have the honour to refer to your Savingram of the 18th July, 1846, and
to Sir Alexander Granthan's despatch No.58 of 17th March, 1950 on the
subject of emergency legislation. A short report on the general position
for the six months period, 1.8. 1st March, 1950, to 31st August, 1950,
is centained in the following paragraphs.
2.
With reference to the Emergency (Principal) Regulations 1949,
(Government Notification No.A.277/49), referred to in paragraph 2 of the
despatch referred to above, regulations 2, 21, 25, 26, 54, 37, 40, 50,
51, 57, 58, 65, 67A, 98, 109, 116, 117, 118, 119, 120, 124, 125, 126,
151, 132, 155, 154, 155, 156, and 138 have been brought into operation
by Government Notifications Nos, A.85, A.173 and A.182 of 1950. The
Emergency (Primcipal) Regulations, 1949, have been amended by Government
Notification No, A.174 of 1950 and these amending regulations enable the
Commissioner of Polios and police officers acting with his express
authority to commandeer means of transport and other articles in an
emergency and they also aubberize the Commissioner of Police to close
and control roads and travel by vehicle and to restrict temporarily
movement within the territorial or colonial waters.
5.
There has been practically no requisitiening during this period, only 5
units comprising 2 houses and some land in the New Territories, having
been requisitioned for the Army.
4.
On the other hand, there has been a fair amount of de- requisitioning.
During the same period a total of 51 units were de-requisitioned,
divided as follows :
ArTy
WE RIGHT HONOURABLE
JAMES GRIFFITHS, M.P.
GTR:CBB:ppn
bar olay
R. A. F.
45
1
Hong Kong Goverment 7.
I have the honour to be, Sir,
Your most obedient, humble servant,
J. F. NICOLL.
OFFICER
BRING THE GOVERNMENT.
KA PALE 29 SEP 1950' REGISTRY
.1
:
f
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[
]
Whi
The original "Lice') seperately to the dept. subsequently miškait
√.6. Anderm
-7/8/57
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Typex
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
COMFORTE-ISTRATION
FROM HONG KONG (0.A.G.)
D. 3rd October, 1950. R. 3rd
It
11.30 hrs.
20.
IMMEDIATE
No. 1127.
(19)
Secret.
Your telegram No. 1468.
DERIVED Yelofs
I am grateful for the consideration given to this matter. Regulations
enacting Regulation 116A were made in Executive Council today. They will
not (repeat not) be published or in force until Resolution of
Legislative Council has been passed. I intend that Resolution be moved
in Legislative Council on
11th October to bring Regulation into force seven days later.
2. Your paragraphs 1 and 2. The conditions you mention are of course
agreed, and effect will be given to them. But in Executive Council,
doubt was strongly expressed as to necessity or desirability to mention
conditions 1 and 3 or 2 on moving of the Resolution other than to give
assurance as you propose that contimance of Regulation 116A in existance
will be pericdically revued. In particular, objection was seen to giving
publicity to condition 3, which might imply that Legislative Council is
subject to your control. You may also think that publicity in terms of
condition 3 might in fact occasion embarrassment to you, since assertion
might be made that enactment of Regulation 116A has occurred by your
direction.
3. In the circumstances, I ask that Resolution may be moved on date
proposed and that explanation as to future intentions be confined to
assurance that necessity for continuance of Regulation will be
periodically revued.
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Draft
TELEGRAM/
*
*The word Priority may be entered here. If necessary.
Tor-
C.O.
GOVERNOR
HONG KONG.
Repeated to:-
Mr..
Hall 3/10
Mr. Sidebotham 4/10
Priority:-
For transmission :--
Mr..
Paskin.
4/+
In Xxxx
Sir
C. Jettonier 4/10 hi gister 9 State 4/10
Permt. of S.
Parly. U.S. of S.
S. of S.
Immediate. VipertamİRACIAS.
Castate
arended)
(20)
Your telegram 1127.
J
File No.
14237/15/50
Appened & Sent. 1800hs
hours.
4/10/101500
No. 1513
berndezzi
Postiolex
Cypher TYPEX
Secret. StepSecretx
RECEIVED 4-OCT 1950
In Tel. C.D.
Regulation 116A.
On further consideration and in view of the
points made in your paragraph 2 I agree that
Resolution may be moved as proposed in your paragraph 3,
(arabady miserated,
but if pressed in Parliament I may have to make
more detailed and explicit statement based on
conditions mentioned.
If therefore
you
should find
Distribution:-
Further action:-
Recirc. to Mr. Dale for conson
of draft below.
yourly
-SECER jullen exploration. lobliged to enter wito kill than
you
I am
dont
have proposes, you will we me
"Take care that
such
pers
explanatio
consistent with those conditines.
WL 21408757 kom 7-48 Wa, & Co. 51/1
Secer.
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OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
14237/15/50
Typex
TO HONG KONG (0.A.G.)
Sent 4th October 1950. 18.00 hrs.
IMMEDIATE
No. 1513
Secret.
Your telegram 1127.
Regulation 116A,
On further consideration and in view of the points made in your
paragraph 2 I agree that Resolution may be moved as proposed in your
paragraph 3, but if pressed in Parliament I may have to make, as already
indicated, a more detailed and explicit statement based on conditions
mentioned. If therefore you should find yourself obliged to enter into
fuller explanation than you have proposed, you will I am sure take care
that such explanation is consistent with those conditions.
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T
Draft
File No.
BAVINGRAM
TELEGRAM /*
• The ward Priority may ba ançered here, if necessary.
To:-
Mr. Anderson 2/11
Hall 2/11
Mr. Sidebotham // Mr. Luke_3/11
Repeated to:-
XXIXA
GOVERNOR
HONG KONG.
نان
KIXXXXXRQUEIX
al ma
Priority -
Sir
Permt. U.S. of S.
Parly. U.S. of S.
XXXXXXXX
S. of S.
Kiosk komedia.
K*XXXXXXXX
To be transmitted :-
In Otearx
fxxxxx
Cypher
отр
14237/15
Remy pl
Sent.F
1315
3/11/5
hours
No. 1632
CODEXXXX
Secret.
KOKSNEKK wubbernuak
(21)/94095/7
(23)/94095/7
See 14253/P.Q.2/50
RECEIVED
3- NOV 1950
In Tel. C.D.
Your Saving No. 93 Secret.
My Saving No. 189 Secret.
Enforcement of Emergency Regulation 7 and possibly
Regulations 6 and 13 to 16.
Your intention to enforce these Regulations is
noted, but you will have appreciated from extract frot.
Official Record (Hansard extract of 25th October) sent
you on 28th October that their enforcement may arouse considerable
public interest and possibly criticism here 2.I am confident that you
will ensure that they are used
circumspectly, but, before you enforce them, grateful to learn by
telegram (to enable me to deal with possible criticism) who the
"competent authority" will be and
whether you propose that action under the regulations
in tuch occasum,
will be subject to prior approval by you in Executive
Council.
り
Distribution -
(Copy on 94095/7/50)
Сору
Taken
oprost chil
SECER.
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[456B) WL 32483 800 100m. 11/48 C.N.L.3. 748
17 OCT
ป. เ
14237/15/50
22
C. O.
C
Mr.
Anderson
3/10
Mr. Hall
3/10
Permit. U.S. of S.
Mr. Dale
5/10
Mr.-Sidebotham 7/10. Mr. Paskin
Parly. U.S. S.
Minister of State
13/*
Secretary of State
16110
DRAFT. DESPATCH
HONG KONG
NO.
+
O. A. G.
59
(14)
FURTHER ACTION.
Recen to the Hell H404.
Your Reference Secretariat D/ER II
Sir,
SEORET
78 OCT 1950
P/S
I have etc. to refer to your despatch
No. 26 secret of the 6th September, 1950, on the
subject of the Emergency Regulations (Amendment)
(No. 2) Ordinance, 1949 . In view of the
arguments adduced in paragraphs 2 and 3 of your
despatch:-
(a) that the Emergency (Capital Punishment
Regulations will not be put into force
unless a much graver situation than that at
present existing arises;
(b) that they would only remain in force
while such a situation persists;
(c) that in the event of additional
Emergency (Capital Punishment) Regulations
being made the question whether they should
be revoked will be placed on the Agenda of
Executive Council every three months;
I am now prepared to agree, subject to the
conditions stated in paragraph 2 below, that if
a grave situation were to develop suddenly you
should, at your discretion, take steps to bring
these regulations into force without further
reference to me, though I should of course wish
immediately
to be informed as soon as o6ssible of such
action.
12.
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2.
On the other hand I regret that after
further consultation with my Legal Advisers
(14)
I am still unable to accept the validity of
the argument in paragraph 4 of your despatch
under reference.. Your statement that a press
notice will be issued to explain the nature of
the offences confirms my view that the regulations
themselves will not be understood. It is most
undesirable in matters of the criminal law
especially to have to rely on press notices.
I cannot understand why it is "scarcely practicable"
to enumerate the offences which will be made
punishable by death, if this can be done in a press notice, and in any
case I regard an argument of this kind as inadmissible in so grave a
matter. It does not seem to be an answer to these criticisms that when
at length an accused person stands his trial (i.e. after the offence is
committed) his lawyers and the court will be on more familiar ground. As
indicated in paragraph 3 of my despatch No. 49 secret of the 25th July,
1950, I consider that the greatest care is necessary in drafting this
type of legislation to render it easily intelligible. If it is not, I
cannot see how it can be effective, apart from other defects. I regret
that I must press you again to reconsider the draft regulations in the
light of these observations.
(12)
I have etc.
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14237/15/50
Your Ref. Secretariat D/ER II
HONG KONG
NO. 559
SEORET
COLONIAL OFFICE,
The Church House,
Great Smith Street,
London, S..1.
18 October, 1950.
sir,
I have the honour to refer to your despatch No. 26 secret of the 6th
September, 1950, on the subject of the Naergency Regulations (Amendment)
(No. 2) Ordinance, 1949. In view of the arguments adduced in paragraphs
2 and 3 of your despatch:-
(a) that the Emergency (Capital Punishment) Regulations will not be put
into force unless a much graver situation than that at present existing
arises;
(b) that they would only remain in force while such a situation
persists;
(c)
that in the event of additional Emergency (Capital Punishment)
Regulations being made the question whether they should be revoked will
be placed on the Agenda of Executive Council every three months;
I am now prepared to agree, subject to the conditions stated in
paragraph 2 below, that if a grave situation were to develop suddenly
you should, at your discretion, take steps to bring these regulations
into force without further reference to me, though I should of course
wish to be informed immediately of such action.
2.
On the other hand I regret that after further consultation with my Legal
Advisers I am still unable to accept the validity of the argument in
paragraph 4 of your despatch under reference. Your statement that a
press notice will be issued to explain the nature of the offences
confirms my view that the regulations themselves will not be understood.
It is most undesirable in matters of the criminal law especially to have
to rely on press notices. I cannot understand why it is "scarcely
practicable to enumerate the offences which will be made punishable by
death, if this can be done in a press notice, and in any case I regard
an argument of this kind as inadmissible in so grave a matter. It does
not seem to be an answer to these criticisms that when at length an
accused person stands his trial (i.e. after the offence is committed)
his lawyers and the court will be on more familiar ground. As indicated
in paragraph 3 of my despatch No. 49 secret of the 25th July, 1950, I
consider that the greatest care is necessary in drafting this type of
legislation to render it easily intelligible. If it is not, I cannot see
how it can be effective, apart from other defects. I regret that I must
press you again to reconsider the draft regulations in the light of
these observations.
I have the honour to be,
Sir,
Your most obedient,
humble servant,
OFFICER ADMINISTERING
THE GOVERN IENT OF
HONG KONG
(Signed) J. GRIFFITHS.
リ
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21
INWARD TELEGRAM
14
TO THE SECRETARY OF STATE FOR THE COLONIES
COPY
CAVATION
Oyplier (0.T.P.)
FROM HONG KONG (0.A.G.)
D. 16th Cetober, 1950, R. 16th
*
H
11.15 hrs.
23
No.1170. Seoret.
Your telegramı No.1513.
Emergency Regulation No.116A.
Resolution was moved at mosting of the
Legislative Counoll on 11th October and pass unenimuusly. Chinese Fress
la so far show little interest but an so fur as there has been comment
it has been very favourable. English Press strongly supports,
EVED * 1950
JEOLONIAL OFFICET
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リ
OUTWARD TELEGRAM
FROM THE SECRETARY OF STATE FOR THE COLONIES
7/15/50
Cypher (0.T.P.)
TO HONG KONG (Sir A.Grantham)
Sent 3rd November, 1950.
No. 1638 Secret
13.15 hrs.
Your Saving No.93 secret.
My Saving No. 189 secret.
Enforcement of Emrgency Regulation 7 and
possibly Regulations 6 and 13 to 16.
Your intention to enforce these Regulations is noted, but you will have
appreciated from Official Record (Hansard extract of 25th October) sent
you on 28th October that their enforcement may arouse
considerable public interest and possibly criticism
bere.
2. I am confident that you will ensure that they are used
circumspectly, but, before you enforce them, grateful to learn by
telegram (to enable me to deal with possible criticism) who the
"competent authority" will be and. whether you propose that action under
the regulations will on each occasion, be subject to prior approval by
you in Executive Council.
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HANSARD
11 el perabot, 1980.
HONG KONG LEGISLATIVE COUNCIL
819
25
Ordinance, 1949, which was applicable to them came into force. So as
regards this category of staff, it is proposed, and the Resolution which
1 am moving his designed, to give effect to the proposal, that staff in
that category be granted annual allowances and gratuities er gratia, the
allowances and gratuities to be computed according to the provisions of
the Pensions Ordinance, 1932, and Regulations embodied therein, but dis-
regarding the requirement contained in that legislation regard- ing
continuity of service, and this as if the 1932 Ordinance and Regulations
made thereunder had not been repealed as in fact they were upon the
coming into force of the Pensions Ordinance, 1919.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
THE CHAIRMAN, URBAN COUNCIL, moved:-
That the By-laws made by the Urban Council on the 27th day of September,