1950, under Section 2 of the Hawkers Ordinance, 1935 (Ordinance No. 22
of 1935) be approved.
He said: Sir, under the Marine Hawkers' Ordinance, 1950, which came
into operation on 1st October, the Director of Marine became the
licensing authority for marine hawkers. As the Urban Council is no
longer responsible for the licensing and control of steamship and native
craft hawkers, the by-laws in the Schedule to the Hawkers Ordinance have
to be revised accordingly,
Advantage has been taken of this opportunity to rescind Appendix II of
the Schedule. This Appendix contains a list of streets in which
Stall-holder and Fixed Pitch Hawkers may trade, but as the streets have
to be changed from time to time for various reasons, mainly for traffic
considerations, it is con- sidered advisable to delete this particular
Appendix from the Schedule.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
THE ATTORNEY GENERAL moved the following resolu- tion:
Resolved that the Emergency (Principal) Amendment (No. 2) Regulations,
1950, made on 3rd October, 1950, by the Governor in Council under
section 2 of the Emergency Regulations Ordinance, No. 5 of 1922, be
approved under sub-section (3) of section 3 of the said Ordinance and
come into operation on the 20th October, 1950.
(23)
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320
HONG KONG LEGISLATIVE COUNCIL
He said: Sir, all countries have long found it essential to maintain
control enforceable as part of the criminal law to guard against
unlawful possession of arms and ammunition and explosives such as bombs,
grenades or mines. In Hong Kong the necessary substantive legislation is
embodied in the Arms and Ammunition Ordinance, which was enacted in 1933
in repeal and replacement of a similar Ordinance of 1900. The maximum
penalty for offences against that Ordinance when tried upon indictment
before the Supreme Court is 10 years imprisonment; and by reason of the
Flogging Ordinance, 1903, corporal punishment may in addition be
imposed. Further- more, Sir, by regulation 116 of the Emergency
(Principal) Regulations, which was enacted in December, 1949, on convic-
tion on indictment for carrying or possession of arms or explosive
substance, imprisonment for life may be imposed.
Sir, it is general experience that as an aftermath of war the
offence of unlawful possession of arms and explosives becomes more
common. This position has been aggravated in Hong Kong by the fact that
in the past 5 years a state of war and unrest has unfortunately
persisted in Far Eastern countries and thus offences of the type under
discussion have been to some extent endemic in the Colony,
But, Sir, it is the case that in recent months offences of
this class have increased. For instance, in the last 4 months, that is,
June, July, August and September of this year, 42 persons were indicted
before the Supreme Court for the offence of robbery with aggravation
wherein possession of arms and ammunition was named in the charge.
Again, during the same period 46 persons were indicted before the
Supreme Court for possession of arms and ammunition. These statistics
serve to show that the class of offence under discussion is of serious
proportions because it will be realized that while the standard of
detection and arrest for these offences is commendably high, yet the
number of cases which on the evidence can be brought to trial does not
tell the full story since offences of this class, for instance,
possession of arms, may go undetected or may be incapable of being
brought to trial for insufficiency of evidence, though strong suspicion
against persons may be present.
Now, Sir, it is also of course common knowledge that over the past few
years, and perhaps more particularly in this year, there have been many
cases of persons threatened, injured or killed by the use of arms in
furtherance of robbery. Further- more, there have been incidents wherein
the public as a whole have been put in fear or danger by the employment
of grenades. Again, recent casualties, some of them fatal, occurring
among police officers engaged in execution of their duty in arresting
armed robbers, are fully in the memory of all.
HONG KONG LEGISLATIVE COUNCIL
321
It is, of course, the case that offences relating to the unlaw- ful
possession and use of arms or explosives have upon convic tion after
full and careful trial before the Supreme Court, received heavy
sentences under the existing law. But despite this deterrent factor,
continuance, and in fact some increase of such offences, has led to
decision that punishment having greater deterrent effect should be
provided by the law of the Colony. In similar situation other countries
have by law imposed liability for sentence of death for any unlawful
posses. sion of arms. It is proposed for this Colony to enact an
emergency regulation adding regulation 116A to the Principal Regulations
and the text of the amending regulations made by the Governor in Council
is annexed to the Order of Business now before Honourable Members.
Honourable Members will see that the proposed regulation 116A does not
go so far as to make any unlawful possession of arms punishable with
death. But the regulations do provide that the carrying or possession of
any bomb, grenade, mine or other similar apparatus shall on conviction
on indictment be punishable with death, and the regulations also provide
that any unlawful use or attempt to use arms, ammunition or explosive
substances shall be punished with death. In addition the regulation
stipulates that a prosecu- tion for an offence under the regulation
shall not be instituted A except with the consent of the Attorney
General. The require- ment of consent implies that, should the facts of
any particular case so warrant, a prosecution for unlawful possession of
a grenade or uniawful use of arms can proceed as hitherto under the Arms
and Ammunition Ordinance under which, as described, the penalty of
imprisonment and corporal punishment, but not the death penalty, can
result.
Now, Sir, Honourable Members are aware that by Section 2 of the
Emergency Regulations Ordinance, 1922, the Governor in Council is
empowered to make any regulations whatsoever on the occasion of public
danger which the Governor in Council may consider desirable in the
public interest. But while such is the case, Section 3(3) of the
Ordinance I have quoted, con- tains a special stipulation that where by
emergency regulation an offence is made punishable with death, such
provision shall require the approval of this Council.
Therefore, Sir, in conformity with this requirement the resolution now
before Council is moved, as I now do, to the effect that the Emergency
Principal (Amendment) (No. 2) Regulations, 1950, be approved.
Furthermore, the same sec- tion, section 3(3), requires that this
Council by its resolution shall specify the date upon which the
regulations should come into force. The terms of the resolution propose
that the Regulations come into force on the 20th October. If the resolu-
tion be passed then I emphasize that on or after the 20th October the
unlawful possession of a grenade or the unlawful use, or attempt to use,
arms, notwithstanding that death or injury to the person or injury to
property does not occur, can
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322
HONG KONG LEGISLATIVE COUNCIL
13
cl
result in a sentence of death being imposed upon an offender upon his
conviction after trial by jury before the Supreme Court.
I have indicated that the date of commencement, that is to say, the 20th
October, is provided for by the resolution before this Council. It will
be seen that the regulations provide no provision for the duration of
the Regulations including Regula- tion 116A. Thus it will be that the
regulation, if this resolution be acceptable to this Council as I urge,
will continue in force indefinitely. But it is of course the case that
the necessity for continuance of regulation 116A in so far as it imposes
a death penalty for conviction of an offence against the regulation will
be the subject of periodical review.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
SUPREME COURT (SUMMARY JURISDICTION) AMENDMENT BILL, 1950,
THE ATTORNEY GENERAL moved the First reading of a_Bill intituled "An
Ordinance to amend the Supreme Court (Summary Jurisdiction) Ordinance,
1873, and to make provision consequential upon such amendment." He said:
Sir, the Supreme Court (Summary Jurisdiction) Ordinance, 1873 pro- vides
for a less costly and more expeditions procedure where the subject
matter of litigation does not exceed $1,000. This limitation of $1,000
has existed since the enactment of the Ordinance in 1873, that is to say
for some 77 years. Having regard to the change in the value of money,
consideration has been given to the desirability of increasing the limit
so that a wider range of cases may be dealt with in the Summary
Jurisdiction of the Supreme Court, and the less costly and more.
expeditious procedure, to which I have referred, accordingly made
applicable to that wider range.
The proposal is now made that the Summary Jurisdiction limit be raised
from $1,000 to $5,000. The object of this Bill is therefore to give
effect to this change and it does so notably by clause 2 of the Bill
which alters from $1,000 to $5,000 the money figure mentioned in tife
relevant sections of the Principal Ordinance.
Sir. the alteration which the Bill primarily proposes neces- sarily
requires that provisia be made, as it is by clause 3, for transitional
provision governing actions commenced before the Bill upon enactment
comes into force. Furthermore, Sir, by clause 4, amendment is proposed
to other Ordinances specified in that clause wherein reference occurs to
the existing Summary Jurisdiction limit of $1,000.
THE COLONIAL SECRETARY seconded, and the Bill was read a First time.
!!
11
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AT 1153888) 30m 6-19 Wa. & Co. 31/3
DETERRENT TO
ARMED CRIME
CHINA MAIL"
A week hence persons in un- lawful possession of lethal weapons in the
Colony will be liable to the death penalty. The regulation comes none
too soon. The recent battles with gunmen and the loss of valu- able
lives among the Police in the New Territories, the many convictions and
cases of crime with armed violence in the past few months, have made it
clear that neither the exist- ing deterrents nor the heavier sentences
lately imposed by the Courts constitute a suf-standard of detection and
ar- ficient curb on armed crime. rest for these offences is re- F The
situation is in many ways markably high as a result of są abnormal as to
create an the vigilance of the Police, yet it emergency.
the number of cases wherein evidence enabled trial in Court did not tell
the full story. It would be a miracle to discover every instance of
unlawful possession of arms. ir Many cases, too, may justify strong
suspicion but cannot be supported by a dequate evidence.
It is the British tradition to temper justice with mercy. Normally only
criminals who take life are answerable to the law in kind. Indeed, since
the war the United Kingdom embarked upon an experiment in the abolition
of capital punishment, with re- sults not altogether happy The public in
general are either for the humanitarians well aware of the increase in
or for society as a whole. But crime with violence, if only. as a
practical people we have by the way in which a num- to face facts. The
war and ber of spectacular instances its aftermath have led to new have
been brought forcibly to perils to the law-abiding com- their notice in
the Press. munity. Lethal weapons have Public opinion in general un-!
been scattered far and wide doubtedly supports this latest in Asia and
many other parts and most drastic form of de of the world. In all
history terrent, and recognises its ne- there was never such a pro-
cessity. fusion, nor have so many men learnt how to use them.
The Legislative Council at the same time passed into law The unrest,
disruption, and the amendment to the Jury | uprooting which are so
charac- Ordinance, which incorporates! teristic of the time induce the
recommendations of the many desperate men to take Select Committee. The
to violent crime. Sometimes original amendment called on they are
animated by a blind persons qualified for jury ser- vengeance against a
society [vice, and their employers, to which has left them derelict.
furnish their names and par- More often they are tempted ticulars to the
Registrar of the to crime by sheer necessity | Supreme Court. Mr. M.W.
Lo and the easy way out. To raised the point that it might such persons
even a long term be difficult in some cases for of imprisonment, if they
are such persons to determine caught and convicted, can be whether the
would-be juror's looked upon almost ELS a knowledge of the English
guarantee of existence rather language was sufficient to than a positive
deterrent. But satisfy the Court. The point death is so permanent, and
was referred to a Select Com- there is no question that this mittee,
which later made de- is the supreme deterrent. tailed recommendations.
There are cities like Singa- A provision is now embo- pore, where
violent crime was died whereby persons pro- once rampant, which have
bably eligible for jury service. been almost freed from this may have
any such doubts re- kind of attack upon society. solved. They may write
to except in the form of political the Registrar and claim fanaticism.
The law has not exemption. Any such claim) thus equipped itself in Hong
will, of course, have to be sup- Kong in order to exploit its ported by
particulars. Em- new power relentlessly. No ployers who possess similar
prosecution for offences under doubts about the qualifica- this new
regulation will be [tions of an employee concern- permitted unless it is
first ed are also required to make! sanctioned by the Attorney-formal
notification of this. General. And even when Jury service is no doubt
re- such a case is brought to trial garded with mixed feelings. the
normal functions of Judge To many jurors it is some- and jury will be
observed to thing of a relief from the ensure that justice is done in
common round, to others an the way it is expected to be interruption of
business and done in British Courts. But professional duties and a
thief| those who contemplate the of time that can ill be spared. use of
lethal weapons for But it is an essential and most criminal purposes
will now valuable, as well as highly know the risks they take and
responsible, service
to the the penalty entailed.
community. It has been dis- The Attorney-General, intributed more widely
than his address to the Legislative was the case a generation or
Council, cited statistics of more ago-and quite rightly. crime with
violence covering In this matter, we feel sure, recent months to show to
there will be no lack of sense what serious proportions this of public
duty, and exemptions danger to the law-abiding will therefore only be
claimed community has grown. He where proper and reasonable pointed out
that while the doubts exists.
h
I
F!
13.10
26.
fat.
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1
JAS ..
Thessalonians 3:10.
Arland Grenades
te
The Government has now [1 taken a long debated deci- sion and has
legislated to provide for the death penal- ty for criminal use of arms t
and for possession of bombs and grenades. The taking of human life is a
proposition for careful consideration and!! due solemnity: and there is
perhaps room for procedural f objection that enactments of this sort
should be by ordinance rather than by regulation. The regulations,
however, are based upon the Arms and Ammunition
Ordinance, and the effect is the same. In principle
a
P
SOUTH CHINA MORNING
Reuter.
C
there can be no questioning of the Government's action. The use of arms
by cri- minals undoubtedly presents a serious and difficult prob- lem:
the recent slayings of Police officers by reckless gangsters shocked the
whole s community. As the Attor- ney General says, it is $ general
experience that as an aftermath of war the sonably that possession and
use of arms one for any good purpose?
he possenses and explosives becomes more common: and these effects rises
in the mind is that the The only anxiety that are aggravated in this
part regulations should be en of the world by the poli-forceable, and
without dan- tical unrest. Special neces-ger of arousing public re sity
exists and it is but sentment. Punitive and pre- rational to meet urgent
re-ventive measures if they quirements with appropriate fall heavily
upon the wrong measures, The regulations people can promote serious
discontent: that has been seen in Malaya. It is ac- hc cordingly
necessary that thei Sc
frame
can be rescinded notice
at short when conditions justify relaxation.
The most effective method Government
CF
Buch T
of discouraging crimes of regulations in such manner t violence has been
a frequent as to avoid creating hard
topic of local discussion. cases.
The accepted remedy has penalty
To make the death b
mandatory
and s to discover that a y
· been the long-term sentence. then In addition, to make the particular
offender cannot penalty fit the crime and so in
good conscience
only upon
E
to add to the deterrents. executed is to stultify au- corporal
punishment (flog-thority and arouse charges
be F t ging) was adopted. Unfor- of discrimination. Govern- tunately,
public opinion in ment has, however, drafted Britain is opposed to
flog-the regulations with great ging, as being brutal and futile; and
recently the "shall" be imposed on those care. The death penalty
objections have been tended to the colonies in ades, mines, etc., but
not ex- who possess bombs, gren- spite of the vastly different upon
those conditions obtaining: Hong possess arms
who merely kong itself has been men-those who use or attempt to tioned
in questions in the use them against persons or House of Commons. Since
property. the official purpose must be against hard cases, prosecu- As a
precaution prevention rather vengeance, the failure of sent of the
Attorney General than tions are to require the opn- both imprisonment
flogging must be conceded. able responsibility devolges. and upon whom
an unenvi- By the same reasoning, the To reduce further the risk
imposition of the death of "misfire," the suggestion penalty for use of
arms and is offered that the arms possession of bombs calls for might be
specified in more approval because of its de- detail. terrent potential.
The gene-dinance a toy gun or a boy's
Under the ral hope must be that the air
Or. criminal classes will be no "arms," since the
Ordinance
rifle may rank impressed that the regulations will never be takes
cognisance of them. new (or Police interpretation) used. Similar
legislation is The regulations state that! said to have had good re.the
fact that death or in- W 1982 yom 9.49 Wa & Co.sults in Malaya.
Especially jury was not caused does not acceptable is the threat to
reduce the offence. It might possessors of These terrible weapons are
concession that a weapon grenades. also offer conversely the far too
convenient for the reasonably judged incapable community's peace of
mind: of inflicting death shall not nor can anyone plead rea-call for
the death penalty.
as
Y
13
10
POST
27
btree & alme.
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FOREIGN OFFICE ADMINISTRATION OF AFRICAN TERRITORIES
+
Telephone:
MAYtuir, 7611
↑ $2: 77
Jur referencs:
Your frence:
5-15/5/6(50)
IMMEDIATE
Devonshire House,
28
Mayfair Place,
London, W.1.
£1st December, 196
Dear Somerton, божелой,
Further to our telephone conversation this morning I am writing to let
you know that the Crown Agents can only produce one copy of the long
Kong Kegulations.
We are procuring this for our une here End should be
most grateful if you would send an urgent note to the Government of the
Colony,aking them to sand copies of the Supplement (No. A to C zeltu Ro.
W) direct to the British Resident, Benghazi, and the Chief
Administrators at Tripoli and Eritre.
Many thanks for the lɔ:n of your library cɔNY of the
Supplement which I am returning, with this letter.
"Yours sincendy, Any.
(C.G. DRINE)
A. J. Somerton Esc.,
Colonial Office,
Defence and General Department,
The Church House,
Great Smith Street,
LONDON, S.W. 1.
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"
10 Saving.
14237/15/50.
From the Secretary of State for the Colonies.
To the Officer Administering the Government of IIONG KONG.
28 December, 1950.
Date
1313 Saving.
I have received u request from the Foreign Office Administration of
African Territories for copies of the Regulations made under the
Emergency Regulationo Ordinance, 1922, as published as Supplement No.2
to the Hong Kong Government Gazette No.72 dated Friday December 30th,
1949, 1.0. the Emergency (Principal) Regulations 1949. The copies are
required ac models in connection with the preparation of similar
legislation in the ex-Italian Colonies now administered by the Foreign
office.
No further spare copies of this Gazette Supplement are available
here or at the Crown Arents for the Colonies. If you see no objection,
and spares are available, I should be grateful if you could arrange for
copies of the Regulations to be sent direct to the British Resident,
Benghazi, and the Chief Administratore at Tripoli and Eritrea.
DECFR.
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1. Extract from a Note of discussion with
hor. Nicoll held on 30:1:50.
Me hadford.
We have meantly reserved an aduse copy of Emergency Regs which,
Industeed, one with smare in JEA Dyet. When then an similath
could you plan
see him for thing go to mut,
"para 6 of (15)
on the 45 file.
Ahalf 15/2
Tu
point
made
in
para
G 7
(5)
A not
949
met in
the
flagged
المعلمة الله
Emergency
1949.
2.
recently published (tincipal) Regulations,
No. 137 of those Regulations
provides that
they
shall not
Operalim
orders
come wito
Governo
may
Ca
brought into
either wholly
is however
Suspension
until the
Chay
Speration
partly. There
no provision for
short
7
Speration
어
repeal, it. by ordens
نما
5_2.(3) of the
CLA
prounded
1922 Orahianes.
BR
1572
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Mr Barton
I do not know if you have seen the Emerging (Minipal) Flagged || Rags
1945, played in the folder below.
II. Надо
flogged
There are
that they
for use in on
- or parts of them -
Emergency & Leg 137 makes it clear
will not come into operation until a
enspruchensive legs & although such regs are not
notification is given in the Jazgitte.
They
Athe
very
usually exserined by the legal adicces you may wrsider it desceable
Hat someone in the ingal kept shold on there. They may
to other Dept e.s.
ales be of interest
last II Convorstings. auf Rept. Nonation Dept & Communicatin, Dept (the
Low)
Part IV Control of haslonus etc. Comms. In Lor
I Trangrat. Legs 62-64
-
Camry . Mr Low,
key 74 Control of Explayout - Sorial Lure but "b", de Foggon
Mr Morgan may
of them hugs
chear that they
also wish to su genually at some later stage.
an inculated for comments I would wish to make it
are Chimer without
Emergency hegs & that H. Kay is in a may exposed & difficult position.
It has a "flucturating population", most of when
any loyalty to the Colony. All Chimire forts have attempted to claim
Hiking as part of China it is more then likely that the present fort
with attempt to achieve this by stirop up internal unrest - the recent
tramway unkers strike is an example, & H. Kay : internal cocinity is of
the utmost importance & it is evential that the $4.K. fat should have
adequate press to deal
internal threat. Any comment on the Regs must in take there special
unconstrous into consideration.
in the
Grey
Wall
(the despatch it (15) on the '49 fill should also be
16/
taken into cviidention)
In Dale.
Fam Lorry this has been theft until I returned to the Office, expenally,
in the case of
trong không
'as Regus an think often
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-f
are the subyech of PGs by learned Mombers I think it would be most
desciable for beque Advisers to Examines
редав thim & I pl
I I hope you will aque.
Mym Bailon
24-2.50.
In Barton
I am a friend we cannot undulate to Gaming
recusations of these discusions - if the Defol-
wishes to have our
advies o
partiman poins we
will let you have it but we can't be responsiber for coming through then
whoh est..
(This is
Good illustration of the hind of thing thoden wind when discussing this
point in tin hausting
Rego, neunky. If In Co. is to take on Stammation
Of Reas
and lung self do not see the necessity -
I myself
thin shound be
G
local upart to comparative Laber,
any sequined for legislation)
WD.22.3.
!
L
+
Mr. Morgan.
Have you
Please see Part II of Hong Kong Emergency Regulations regarding
Censorship. any comments?
Mr. Low.
Please see Part II, Part IV & Part V (Regulation 62-64) of Hong Kong
Emergency Regulations. Have you any comments?
Mr. Foggon.
Please see Part VI (Regulation 74) of Hong Kong Emergency Regulations.
comments?
Have you any
Generally please see Mr. Hall's minute of
16th February.
Лиш бай
the
24:3.50.
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I am aly directly concered with Regulations 5,6,8,9,10, 11/12, 9,
relating to Portal, Telegraflia ah
I
Traxler Consolife. So for alum
жета Свет
Regulatio
I unaing excusation, there
Слов
afficiaty
in line with
the (doff) UK Canashrif Regulation.
16.
a more meticular conforsion
ex should refer
странім
is required
the Regulation 6
the 'slados Comarlaf Orgaciation in
the Home Office. If this is considered
the for shuld veic to
челіс
reccesing
Mr Bruder to
ange
the reference. I should
it-
ray
not neccessing
slice the ur
sently te
to be rut
Draft Regulations une seatly
to the Colmics for information and
comment: and the Gut of Stangling will then have the offortuity of
making any
nexcessing adjustments.
The Regulations
25/3/50.
fainly
drastic bu
in view of the connanations mentioned
in Mr. Hall's minute d. 16/2 olgirl to then
Hal score.
Care
стилий
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x
2 platebro
Я во часово клини
Родения
not
are
all
G
whetten Homning
China for message
I suggest, wie of recul
Regulation rexinishing
carrying.
crou to come
Communicati'm
a cornking
should be
ca
nichded aftice Rey 24
possession
in
Раят
Anto. Low
2873.
A
"4 h Yey are quite drankie but am sat Staiceles sportinmals having
separed to the ai cumstances in which they would to weed.!
affection
24/3
ho comments, but see un Make on
22/3
7
в
2. Homing pigions, betur how on 20/3,
dlo Bellin might be worth tothing of in a
(They
h