174
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in Hong Kong. This all too Pasy for one
man to make
irror where from
h
Але
Con-
have
hi
Machament
which will
An
publication matters
Сита
repercussions
here
mean
a
adheshere, a perhaps
L
"Chimile down
hi
a town where prestige her
more than
a
face
Valve.
The "competent authority"
Regulation could be left as
ih. in
And
the Governor be
!
told to his trucks that function_
&
any that be much refer
Council to the Governor-in-
any contemplated action under Regulations 6, 7, 13, 14, 15, (Whuch. I
see do relates to the Governor
And on
Jeee
also
which
think he would
be wise & consult his Connal
first), but not 16.
Illo not think this cautionary procedure would make for dein; As the
Executin Council in
Hong Kong are all
spot, so far as I know.
an
on
怂
!
20.10.50.
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True
13
From the "cansoshif' fait of
vies
there is no objection to the interduction of any of the Regar Catins
noticed his Mr Halli Minte of 19/10/50. The densim whether
or not to introduce them is me for
Guit
as a whole
Semity advice.
2. It is not strictly my besizers, Cut I should not have thought it was
жет
reccessarily affenfriate to adoft-
the
mygstion at X/ of Mr Bortinis Mainte above. The friciful Ordinance
(whides)
thane. It is to have not consulted) most have authorised
itated ky22, ik Ares not heatin
any
"competant
Authority". If
tentions inly I
Reg. No 3, furiding for the offiituent of
"confetent authority" for
thex and
the inbrechinich otter perfires when the Regulations; viz.
May
become hoben
Megt
He lineviewly allowing the Govenor to delegate authrity
Malse
If the Gove or better has to len the legal thrown backing fires (and as
dyiction won muised, so
Tags down one
penalty
for as I law, when non-disalloward of
the Ordriach was
notified), is it for us,
at this stage, to chose him not to delegate
Las
this farticles respect? J. p. 6.
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I
Į
Req 7.
I
Reg b.
The sweeping powers of his Regulation would,
time of peace, arouse vident objection.
head & "Emergency' (and
d
Linder
having in mind the situation in HK.) I Thank that muthu the Empire Pun
linco
the U.K. Pruss (except of course the "Daif Worker") will raise any
objection
13.
1시
13
-
I am a little uneasy as to the latton pant of sub-pars 3.
Can a person, being
already in possession of
a publication
not you prohibited, be prosecuted unmediately a polubition is decided
on) with
no
chance & surrender, or destroy, the document "
This may, of course, be the idea,
Swift emergency measure
apples
CLA
The first para of my comment abor
Duto
I think this, in practice, may often be rom Expercent impossible to
comply with
of the long windedness of some official
statements
news space.
HK.,4 the shortage, even in
13ut
doubtless it writte administered with common sende,
See comment on
6.
mów
to the HiK. Good
I might be well
t
cnsis
(comes to
a
the present
will be expected promptly
above Regue
123-10.50
uther a cautran that when (if ever
end they
the
to lift all
REJohnsm
No comment from the 1RD aspect on the introduction,
of the Regulation
dolmań
Ref Brig voluman comics an
Repulation, 14.
to which Rep 14 would be most likely to
kind of janrial to which Rep
expply
wanded greally
I "newspaper. In such cases
"views
valter then, a
He
long-winded the
sabrint (and consequently the red len attractive the paper)
thu murt
neccenful the treat, ut is likely to be. There
in nolling that is "Love
I editom Ficam
likely to
falling circulation.
ŵ.duu
доброт
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i
!
:
i
|
The ing tanssi-
ala there.
allá
PB14/e
I do not think we can not on the suggeston at % of the Basta's
gium in pers
2f1
2 of the Morgone
minute for the newne of 10/10. In my case I to not think we can
minat
by Lowon in detail
how the for shouted administer the carines regulations though
can suggest that in inre of their importance that they will why
be and after very careful insidiontin & administered on the commence.
Il Aft for enson, & sight be a good idea to refer to the P.Qs Aamer in
14253/1.02
Mr Hati.
We spoke J.G.
No Sidelo them
J.J. Aham
MALAK
In para & of (21) on 94095/7/50 7.5.mx the O.A.G. stated that it is
proposed to bring into force Emergency Reg 7 to make orders thereunder
against a number of
communist phanpheats crmulating in H. Kory. It also mentioned Augs 6,
13, 14, 15h 16.
These Rigs han bum windered in Def Dept, Information Depts or 1.K. At
the minutes from 19/10 - 70/10. The banning
of Communist Procomials also formed the subject matter of a 1.2 on 25th
Out with 14253/P.9.2/50.
I do not theid we can
aljust to the for taking the action he рорини aben be insidus it
necesary to do so but of do theate we should suggest, as in the aft
opuriste, that active asces there haps should only be taken after very
careful consideration.
? be in oft.
Mahall
tum afroux Indhen to what in at x/in my 30/10 1 Menuli of 20/10 and I do
not be day hason
-
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bearspain
to bring in the Human Rights Airliet linken it is now "law." Iwen Bailin
31.10.50.
୮
t
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Mr. Sidebotham:
1
I understand from Mr. Hall that you wish a composite
minute.
2.
The Emergency Regulations Ordinance, 1922 gives the Governor-in-Council
powers to make regulations. These Regulations were made in December
1949, and a copy is opposite. They do not come into force, see
Regulation 137, until their operation is notified in the Gazette, and
they may be brought in piecemeal.
3. The Governor, at (21) on 94095/7/50, Annexe, states that he proposes
to bring into force Regulation 7, and indicates that Regulations 6, 13,
14, 15 and 16 might also be brought into operation at same future date.
I do not think we sho become incolind in detail, the aft
streamed that the Rigo and why be used ofthe very carsfond consideration
it is for the for to decide how best the Can awange this,
Regulation 7 concerns the importation, exportation, printing or
publishing of any kind of publication which could be, or is likely to
be, prejudicial to the public interest.
Regulation 6 concerns the publishing in publications of "prejudicial
matter".
Regulation 13 requires newspapers to obtain a permit before they can be
printed or published.
Regulation 14 requires newspapers to publish official communications if
so directed.
Regulation 15 gives authority to prevent publication by illustration,
placard, advertizement, proclamation, pamphlet or any like document of
any matter to be specified in an Order for which a permit must be first
obtained.
Regulation 16 gives authorit, to require the submission of matter for
censorship before publication.
These are full and sweeping powers, and we are all agreed that in the
present circumstances of Hong Kong, they should be brought into effect,
and the sooner the better. Equally, we are all agreed that very great
care needs to be exercised by the Hong Kong Government in the
application of these Regulations inasmuch as freedom of the press is
concerned.
5.
Regulation 3(1),
DOLORIRADAZA LA TAP authorizes the appointment of a "competent
authority", but because of the Parliamentary and other interest in the
matter of freedom of speech and freedom of the press, I do not think
that what is really a matter of life and death to the press should be in
the hands of one man, however competent. Consequently, I think that the
Governor should be authorized to bring all the Regulations mentioned
into force, but that it should also be suggested to him that he should
instruct the "competent authority" to refer any action contemplated
under all the Regulations mentioned,save 16, to the Governor-in-
Council. I imagine this reference can be more easily made in Hong Kong
than in any other Colony, e.g. by telephone. I also doubt whether we
need bring into the reply anything about the Human Rights Convention.
6. Mr. Hall's point of view is that these as yet unapplied Regulations
have been in this Office since December last, and we should have taken
such points as the one I have made at the time, and he thinks it wrong
for us to lay down how the Governor should administer the various
Regulations, although we can, he says, state that, in view of their
importance they would only be used after very careful consideration and
administered with commonsense. For this purpose, the reference to the
Human Rights Convention has been made in the dreft.
7. Generally, in this connexion, see F.9.14453 loose opposite.
1.11.1950
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رابعة
Mr. Barton's minute of 1/11 summarises the main pointa of the large
volume of minutes since No. (23) on this file.
So far as any reference to the Declaration of Human Rights in this
telegram is concerned, that seems to me to be quite unnecessary since
paragraph 3 of No.(21) & para.6 (23) on 94095/7 Annexe/50 below have
made the importance of ente metter√ perfectly clear and the regulations
of this kind are only necessary in the interests of national security, a
matter which, I understand, is provided for in the draft Convention of
Human Rights. That, to my mind, must be held to override in times of
emergency the provision of e.g. Article 19. not dealing with normal
times in Hong Kong, and I see no reason to bring Article 19 in at all.
He are
The point which appears to be the main cause of difficulty is who the
competent authority is going to be, and in the first instance I think we
should send a short telegram pointing out that regulations of this kind
would clearly require to be used with considerable circumspection; and
that before replying to the Governor's savingram of 20th July, the
Secretary of State would wish to learn who the competent authority for
these, purposes under the regula tions would in fact be, and whether the
powers by the competent authority under these regulations would, in
fact, be subject to the prior concurrence of the Governor and Executive
Council, having regard to the obvious) creed for circumspection in the
use of such regulations.
although their necessity is not-enguable. In this connection we might
make a reference to the question and answer on 14253/P.Q.2/50 below.
Драгни
ма
2. 11. 50. at
)
J. h. as directed by M'Sitzbathum.
J.J. Andersen.
m. Lube..
au
Txi
Please see my much of 2.11 alors
In all this I should purpose litad
oft ans. When we
пливачерку han the reply we oughta I think to submit to soy few view of
the interest aheady läher Bl
ti Ruhamient
1
3/11
i o nee
Liv
4/11/50 almic
Hong Kong- Tel 1638 Saret-cons-3/4/50
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4
༎
η
б.м.
- no reply to (2).
استم
1. Steware
८
Ax
The next mon is sms with HK, v në au
unbhely to hear
anything wakil they couder the hogs should be exformed wheel
with
mary
not to for some time-
Bats
Hall
14/4 t-
đóng
Extract from Hansard of the thong Hong Legislative bouncil for 11 t
aclober, 1950.
ilk'
(25) is the Hearned extent of the scarlatim anecoming the
introduction of the new
(moving)
& owning
Emerging Lag 116 A spatid to us at (23).
" He scolation the A. 6. made the folling prints: -
(a) that he prosecution still not be mititated except with
the count of the A.L.
"A*a p 321.
'(b) that although as parission is made for the duration of the Reg
the receity for its continuance will be the endjest of
periodical review "C
AL
322.
These exfore with the instructions groom in (19) or modified lay (20) ̧"
(2ṛl So (19) pass 1 (1) it has have land drom that if the hey is not
repeated in their 6 month, the soft's agreement mast to sught to its
enteruence.
I suggest the file is 1.1. at the Lipany of March 1951 to wriidu whether
A.they should be ached to agunt on the
mecanity for entering the reg.
Bring up a purposed.
1/12
Lori).
4.12 M. Dali tome
2BS.
a -2/12
"
7
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76. Extract from "Ohura Mail "
Shura Mail of 13:10.50. "South China Morning
Pr
27 Extract
from
M' WA
M' Side botham
You
weny
الها
to see Hive. Press reacting
(at (26) +12?)) to Reg. 116A. Both pps apprise
with obvines revervatives.
5/X11
Ssen
Jos paky 6/en.
Mall
5/10
h!
28 Foreign Office Administration ofAfrican Territones - 345/5/6/50.
Me Hall,
dund & I wench
If you
21:12:50
вать по
objection.
we should ash Hong Kong to supply
the copies as
as in craft
requested by the FOAAT herewith
22/12.
السلام
21 May Kong bar: 1313
28 DEC 1950
30 to major by Brine (Go admin) w/c (29), Stamp Ref(128) _ 28/10/50
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