regulation 67 for the temporary commandeering of vehicles
and vessels,
Daws n pointed out that vehicles were
comman leared by mombers of the Police Force from time to time
in cases of emergency although he did not think any authority
had been given by the C.P. and I said that in cases of
genuine emergency where a policeman was acting reasonably
and in accordance with his duty Government would stend
behind him in the event of any civil action or claim for
should
damages. retained in te skeleton than be incorporated in the Police
Dawson thought t'ut this regul-tion and better te
rather
Force Ordinance, but agreed to take the matter up with C.P.
Regulations 70, 71 and 75. We rood that these
regulations should be retained in the skeleton.
CONFIDENTIAL
shekka.
eg personnel.
skeleton.
maybe covers
-CONFIDENTIAL
Regulation 81. I suggested that we could deal with
this regulation at a later stage when the other regulations
had been dealt with.
Regulations 83 and 84. These are ancillary provisiona
which could be dealt with later.
Fegulation 98. Dawson pointed out that this is covered
as regards finger-printing by Section 54 of the Police Force
Ordinance. Dawson & reed to discuss with C.P. whether there
was need to incorporate any of the other provisions of this
regulation into the Police Force Ordinance.
Regulation 99. We agreed that this regulation was no
longer required to be in operation in view of sections45 and 49 of
the Police Force Ordinance but should be retained in the
skeleton as being an ancillary provision to regulation 31.
Regulation 109. We felt that there was no justification
for having this regulation in the permenant law or in operation
and suggested it should be retained in the skeleton. I pointed
out that paragraph 2 eppears to be masensical and should be
amended.
17
Regulation 117. This regulation aupears to be completely
covered by Section 4 of the Arms and Ammunition Ordinance which
carries at least as high a maximum penalty also that the
definition Farms in that Ordinance las a very wide neɑning
and now includes flick-knives'. This regulation is also
partly sovered by Section 16 of the Sunny O.ences Ordinance. It could
therefore be repeated.
Regulation 118. We folt that there was no justification
in having this regulation in operation and that it should be
retained in the skeleton.
mrsprision of Felony
Regulation 119. This regulation which is a statutory
equivalent of the old Common Law Offences of imprisonment
principles for felonywas contrary to the only principals of criminal
law and I suggested that it should not be in the eruanent
law unless and until the carrying of arms or explosives
becomes prevalent again in the Colony. I sugested that it
should be retained in the skeleton but Davson agreed to
CONFIDENTIAL
3
9
- CONFIDENTIAL
Regulation 123,
obtain the views of the C.P.`
Regulation 120. There is no justification for tis
regulation being in operation at the present time and it
should be retained in the skeleton.
Regulation 121. We agreed that there scened no point
in retaining this regulation in view of the very much heavier
maximum penalty in force for carrying arms.
However, it now
occurs to me that this regulation will also apply to exempted
persons who are liable to carry fire arms and it should
therefore be retained in the skeleton,
Regulation 122. Shephard pointed out that there was
very little in this regulation not covered by the Arms and
Ammunition Ordinance and I agreed to co: sider whe her amend
ments should be n de to the ras and Ammunition Ordinance so
as to fully cover this regulation,
Regulation 124. We agreed that there was no justification
I would consider incorporation in either Explosive Subs-ord, or
Dangerous Goods
regs. Covered by for this regulation being retained in operation
and that it secs of Do Good race.
should be retained in the skeleton.
Regulation 12). We agreed that this regulation should
also be retained in the skeleton. Shephard sug ested that ve
should consider analgamating it with regulation 109.
Regulation 126. We agreed that there was no longer any
need for the retention of this regulation in o eration in view
of the very wide provisions of the
Societies
Ordinance
and agreed that it should be retained in the skeleton.
Regulations 151 to 156. These are ancillary provisions
dealing with of ences under these regulations and should be
considered at a later stage.
40
In the course of considering the .P.R.'s we also considered some
which
of the Defence Regulations, 1940, tat are still in operation, in view of
the fact that many of them are in almost identical terms to
corresponding
E.P.R.'s:
Regulation 43. This is similar to part of F.P.R. 58 hart relating &
docks, appears
exception
and, with the extention of the dock powered to be covered by
CONFIDENTIAL
10
-CONFIDENTIAL
it
that ".P. I agreed to consult D. of H. as to need for this
retention.
Regulations 46 and 47. These are virtually identical
and completely covered by K.P.R.'s 62 and 63 respectivaly.
These two regulations sho ld be retained until the result
of my enquiries o. E.P.R. 62 and 63 have been completed.
Regulations 56 and 57. These are completely covered by
E.P.R.'s 70 and 71 resectively which we agreed should be
retained in the skeleton, These regulatio s can now Le
repealed.
Regulation 54. This regulation is covered by E.P.R.
75 which we also need should be retained in the skeleton.
This regulation may also be repealed.
5.
We agreed to meet again in a few weeks time so that we could
review the remaining E.P.R.'s, the remaining D.P.'s still in operation
and to discuss progress generally. I agreed to contact Shephard and
Dawson when I had had time to consider these remaining regulations.
CONFIDENTIAL
1
J.F. 78 A
400-7/61-B23938
6/3231/59
From.....
Jond Deertmont
Ref...
.in.ACC/C/250/C
Tel. No..
MEMO
Director of Unreso
To Dinocter of "Laino,
Ilustry.
BAY, CI KAMIOGT UM UT SA wy
27th k teber, 19:2
Your Ref.
in
Davásion of Tafence "emals long.
Date..
dated
28 SEP Reed
I havo been cale' on a ratúter of ten pricarity to do a
raviola of the Báx co Damlations still in o emtion.
Mvno raspur tions vase zade in 1940 infer the withority of a Whited
Kingdon Act of ?urliament, c3 nur Macnponoy Levigintian; etto: t'e ver
cortain of the ra virtlana wao bat in gantim to tide over the perial
Delioms die qul of the var and rottu to namel conditions, til som
rojgilation (an still in operation.
She Dodenco tik tlang ställ in operatias are listal in tho Se elule to
the D-Pance Do: Intiano (Continuation) (a Aranco To. 37 of 1.50.
2.
to have shortly con in for scue critician for ar rotation in the laws of
the Golazny af 200, wey logik tiɑus michi Koro inden let to bo of a
tomaray natus, cel it is folt Cut Up tius les com fur c. tejar zovie of
tuono Defa en Pajulation, alen - with the other bamey Popilotion sado
inter a laxl Ordinance.
3.
There are twoo possibilities, as reverb the OKED cc:furnace by these
ruleticne
(a)
(3)
(c)
they are semized poznestly, ce in sest soomment tion once ye long in
Vich emo boy goal bo
incon montra into the pranon kun
they cao not zogaired in any ove^, 131 mr bocatTO
a similar power alsonly adala sarkana
or bocetine tivy mal? neam to
dideh aso 1.99 can be rovell árabel :
起
t'og night in rogiral in the awont of a full scale one prop da which
enne ting uth be telan out u? sporation, but hold in rooliions to be
tranht Sko oxamiden 4* och en emacy Proced. In fhot the injority of Bono
Delanco Furnâilima sro som custo" in a1 ost iketion) fours in the mire
NOT (1 rinciral) Nopalations, 1949, all thuro 1 de du do, them in no
sannan wy the Defenco Lopilationis nilotla not be invadiately re-colod
tr loss it do being mot et to prvoons tik.
I ancloro a table of those of the Defaroc Topaludios 1940, CIVA tim
ardors do t'otou 2, Fali ere still in canidan, Gogothaw with sy comenta
and condos & mract: in calde to engist atengsson I an under Kadang du
blno in kay arguiato cay, those rogalafilan in which coch a. Sressos do
Miloly to be interestal, and vœll be cost antoiti ie you octill assist
no by forumaling the frontiɑn on) nivice vorpåved at pr caallest
cavonicnoo. I næll be pleasel to miten uny (mories you ey lave.
You
Please note thy t I turo opittel fro. this table the Defones ("inonco)
Regulations 1040 atoe these vill bo falen up at a later stage. I have
also cuittol the Fort Toentivo Comáitoo frèar 146, dhich apponi in the
choule to the fence Regulations (CoMimetica) tinanoo 1,60:
CENE
DENT ACSSTRY
NC370 DATE 24/1...
INWARD
LEITER
2 -
it appears that this anlar vas nertial in 1964 by the Lav Axint
(wmeiticul provisions) Cader 195%, and was doclate in the Schottle
in cZYON.
I an enclosing copies of the rolovat rogilation for yaz
cqwalaO.
Wosen Dam of in-
(n. 3. 7. Davison)
Cran Comsel.
c.c. Ilai. C... (h. Shepharo)
C.P. (r. Deroun).
kt.
Tofen se Rogulet ons, 174C
st in exist onoo.
utions ^,8,4
quivalent provision in
ergonoy (Trinca ̧ m1) oltona, 1040.
.P.R. 2,5,4
Regul:tion 57
E.P.R. 42
Fegul tion 30
UJA, 50
Population 43
E.P.R. 87 nd $3
Legulation
C.S.
192
Con onto and quaries.
(1).K. = lofona nogu tions, 194); E.P.R.= Dzorgency (rrincípí)
Rogal-tiona, 1940).
Thonn re introductory "Avvis ons ·nd cust stay in operation till 1 to
rubatent!vo
rovisiong h vo boon revoked,
The pool rtion of nocne corriges Arder, 1243, which is rup le entry to
PRO vill utointiavily be revoked with it.
The Governor's powr under this rogul tion via formerly delegated to the
Portxutive ottoe, but this pointmont in ord in 1954, ́nd I on find no
rocord of my other dolog Lion Irving boon = do:
o noe 1945, no mvig tion ordora under th ́o rqul tion per to be boon
gazetted, clthough it is not strictly neocsorry for them to bo Engellod,
and I nogune that this control is nou exorcisod undor the Torch at
hipoing Grdin.noo.
Hould D. of 3. plo so (Čviar no on uhoti or there lo my nococnity for
"Não D.F. to bo in operrtion, bo ring in n'nd that, for the urpoon of
erorgenolna, it la corplotoly covered by Earl, di
Again, the power under th'a rom? *ion wa dola, tod to the Port I zoout!
Socmittee nd thio ho now 1 poed. Agin, s.nco 1045, no ordore np. war to
have boon gạottod under tids rogul: tion.
For the purcoos of o orgeneies, it is covered by E.F.K, 56, -1 though th
́t m'ght woll be e onded to include the specific powers to inpose
conditiono.
Would D. of M. plc ao ndvies no she thor ti oro la∙ny nord for t! la
ba.... to be in operation now,
formarly the Port Exautivo Committee, Raliw y tengor (for ri wya), Cl.
of "oœurity Cff^oor (for hij w ys) nd -ontroll r of inter fr ns ört (for
decks, turbour nd in-nd untorwyn) word coyotent uthorities under this
ropulation, but tione h vo nou Inpand. t follows that this regulation
oʻnnot bo uod unless a fresh pointnont is
ndo.
ha rogarde the rostriction on use of oulon nl u toro, thứo prov ́a'on io
incorper tor in the portanɑnt 1 u in s.1 of the Publio trdor Grain-noo,
Cap. 545; en' for omorgency purpoara, it la covered by P.ř.k. 57 and 58
with the ocalule exco tion of doola.
Could D. of M. and linggor of the Railway ple so confirm tivit it io no
lon or requ'rod to be in operation.
the visu
'n orðor under this rogul tion could formerly be indo by the Port
ancutive Co-m'tter but now on only be unde by the Governor }
sador a do under t coe reg tono th tho bun v tud by the 100 rdin neo is
the Lofence Lunt 5 on! Durer 194 (GM.170/4), and no orcaru A
web on y zotted since. If the ENG
when al 111) tæðir lo still rog-frd, Bug ut it alould be 'noor or tod in
the cyrynt น.
or tu
L
Could D of 3. & 1, infor: : o vhether this order is stil rou'red to be
in oor- tion und 5. of U. & i nnd D. of, whether thĩa rog, lo regiired
to Lo in opor tion for ny other ur or other than giving v·lidity to the
order.
To retrdo ito uợn in an or organay it to completa y cov: red try F.P.R.
C^.
afin e împu
a
Leg-2 t'on 47
Hmcs.
antavan D
kom onte nd quəriode
tona, 1940
dafonoc.
"qule
Thorn nay (rine pil)
qui t'oro, 1040.
E.P.R. 43.
Governor.
(2* " = Lof noo Rogulat na, 06 | R.P..=.borjancy firing pinguit cos,
14).
ib o power on to exreford by nay 10...0 (FS arr, or rt or officer on our
d to rat bg the
to roc
tion a cop oto y am miả tỷ 5.d. "Ofrenang noy ar ooro; or of tho 12 y lo
aonfirm that it would not and it nord not be retained in opar ten,
f. of
obory nay,
o frd owo et la în
opal-tion 5)
E.P.A. 7.
The on y donotent cuthorit'on under th^o rogalition & the proat time to
the D'y otor of Con orvo wc Imustry.
A nur ef ortare a de und r t ́o rogaletion ro otila in o or tion ad to s
culata cannot
of ocurro to z veled ant 1 the orcora are no "on or roquir d.
Klo fel ou ng my the on OSD :*
(n)
1 Feat: ne
(sopircing the 1965 ordori - t'ese -broo ord ro bo dhto fix d y con
ance, ent of the ring ♬ oh (rketing) ovʻolatica
oxild to in bolero o t*0.
Con tôi nên đông tới ra
(b) asan bitod morta nion.
Je propont ridol a rol ft d un on this er ́Or
pro a mlado candoun 061 oction istod in tho polodulo tu in monkmont or e
o ôn in 1135 (0.0.^. (c) of 1955) -
ugh 00, bar a, lutt r, cunny bego end ali
12. e ca ort of any of o it co a ot.
UP.
ob
A
td,I tu d mugo at that t'oy ould be innor or ted into the noh d.lo of
ho * ort t ca #o! "b]t'on)("<r tale ođiti o) Foul tano, 100, vitiout
waiting for the cru I, DC (min noo.
•
e the
rioro
(0) Imort__cHÁNÍ IR 1047 på i otocima non 1031 it a o`ra tutti co 1 no
regulations unë e từo 2coont I. nd, thin noo, ouvoring ha alujost inêtre
and I roau o th rod so that thay - at 11 rug ir d to be in o oration unt
1 the en et ont cứ to port clon and sort tion (1^c^na'ng) " gul 6. ono,
10 I
ve dioxiso ó th'a v ́th
rd n 200.
T. 30 or 5? o a roth 2 th so rogujat ona onn b on at d under the r
cent 1. nd ".
a ono pot of r gul t'ono, nd nood not wait the on otsent of t'e pou -
pre to co tint : 0 oto 07 I vou d stringly as pert to a Gud, ainco it a.
CRÌD DOO,
to tio revuo tion of 1 ballo.
no reg.lat on "tarf so ousplataly cov = d ty L.PR. 7, vað 'o in kela,
ona turfor to and in to event of a orgonoton, would b. of ù. nd .... puo
← 00 FAD - 0
modi.ent
dat on tro, nd this
ut tiro, ot' cs
: on
() { et' or this pogulition "a roquired to do in opretion at the
for to ur om of giving val^dity to the orders a de unĉor it;
I crto enŇOT root:11 (1) (^etuar sny of the ỗ "et/cla a te ao od le to
the izo duft d
reg rod to bo whibited, ni 18 ∞o wedłes, ther io ny r con uyt y ould not
nalud d in the so- dlo o tu port: tión (iro :& tion) { tr todo o nod t
́oa) A ulet unoj
00
(11) with r i
u:o bi nood
nd
Foru
ro tau D
• (lo naing) r g-lit ono.
correct in sowing that the Igort and import ontani to be retinod until
the en tront of t::o I. nd
Defence Regulations, 1940
sti11
n existence.
Regul tion 503
Equ'vnt rovision in Briargonoy (Prino`p-1) Regulations, 1949.
E.P.R. 75
Regulation 5o
E.P.R. (6
K galation 54
E.P.I. 75
Regulation 55
E.P.R. (7
Han C.S.
So...mont
nd queries.
(D.. = Defenue Regul tions, 1340; E.P.R‚¤ Hmorg noy (Princip 1)k gui
tions, 1 49).
The only Competent uthority under th`s regulat on 3 now the bircator of
Commerce and Industry.
No orders under this rogulat on hav be ng gottod since 1945, and nono r.
tined tle 1988 ordinance, nd wuld D. of C. and 1. penge confirm that
this regulation is not required to be in operation.
gin, for emergency pur ours, the regulation is complet ly covered
y E.r.. 75.
"
only The Lover Torpetent Authority under tie regulation who the
recomodation offic r lut his nonta nt fins now la sed; it follows
toreford that the r gulationo cannot be usod sgmin unless a fresh a
point nt ar de.
no eo,
It was og cd (Siopard, u voon, Davidson) that there a ou d to inoor
œstod in the or nont low, a be a oedy ot od cfnd reauption for minor a
or
nd re pong of jub je o curity; and hat he equiv lont rov a ong n the
.P.R's ni ould b rotained for ure in full serie cmorgondies, ient or
fore onɑ no purove in noodlons di L'ention nd wou'd aug out that ti s
D.k. should be revokod.
ihor is ono diffiality, how v r, nd t at is that 9. of the 1953 Cr‹lin
nco roy des for the continuation n operation of roquis tiong of
nd **** do under dar gulation notwithst nding tho f at that it is not In
the schedule.
I cannot mys jf find any reference to any requalt`ono ! ving; loen
gazott, d under this regulation, ut tore in no no arity to cette nc i
would be grateful filon. C.. evild odvine zo on whither -ny of there
proutat nding.
also please refer to my separate memo on Emergency (Requisitum) Regs.
1949.
in
This rulation is hy 'iented by F.P.R. 78, which vo agreed akauld bort
ned for une in en e org noy, tiche a qulation in ab-ald cum der nd is
trip iontod by H.7 of the
Thio B.it, hou d th refore korgency (loquialtion) Rogul tions, which are
in o or tion. Fea'od.
1 o, ir d
nd
n v w of the foot tint ooler tint pl cation
a no 'onyer offectiv •
it wo
1:e competent uthority under this regulation is the 'Dr ctor of su
Industry' by virtue of the 1940 Order relating to regdølt ongi 3. 5 of
the 1968 Ordin nes r 1-tos only to D.k. 5?, I think the any requisition
a dɑ und r this r g:1 t on r or tỏ thự ☺er 195
nó nên Iran find no r for no to 'ny r glu tion : vin' toon C actted ain
a.
a mod no junt ficntion ng dat ho conf ronce (3 e perd, inwoon, Devidoon)
that tr
a covered for elev nay Ar for the tention nor ion of this rag ton nd it
by E.P.M. (7% the 1041 or or (G.li.h. 205/4') would then nuto ntic ly be
rewalled vi hit. Would D, of 0.∙nd I evine wether le 10 nw re of any
requ'sít.ons hy ng by en How abr 158 under tilu regulat'on, or viet or
lo a es any other men for its retention 'n overation.
o inco
@ trig Would D. of P. (uho "a conga en' nut'ority under For. & 7) vior
whi thor ny regiisitions under 5.P.3. €7, or whether he e ca nny o hr
́run for its rotonijon ^n o er tion other than `n an eorɛency.
(:0
Defence Zogul ti ona,
stili 'nxistence.
1940
Regulation 50
Rgulation 57
Luv lent rovision in norg ney (Princip 1) Regulations, 1149.
E.P.I. 70 E.P... 71
Regulation 73
C.P.P, C
Co tronto
no quer e9.
(D... = Df nce I mulat' no, 1946; 5.P.k.mergency (Principal)oguíntions,
1349).
The owers andor those two reg:l tione c^n now to cxcreted by the
Governor on y: for erg noy ur oses these two r gal tions re cpletely
covred by PJ's, 70 nd 7, nd her wuld on m to be no justifie ten for them
being in operation at ther cent ime.
Σ
Compet nt nathorities under tids regulation aro ho n. of C. nd I; Post
l'aster General.
For her, noyur,oses this regulation is completely cover d by '.P.R. 30
and would D. of ù, and I nāvi e on whether tere is any hood for its
retention in operation.
+
Regulations ~9 75, 70, 77,
78, 7, 81,
82, 83, 84,
86, 07, 88,
89, 0, 01,
32 95.
E.P.R. 97, 112, 101,
102 nd 18, 108, 90, 133, 131, 130,
87, 104, J
93, 83, 07, 108, 154.
The er gul tions are all ncillary and ule di ry to the sain regulations,
nd cannot be consider dunia later stage.
61-823933
Legal Department.
CONFIDENTIAL
MEMO
6/3231/59
Hon. Colonial Secretary
To (Att. Mr. Shephard)
(93
Date 28th September, 1962.
Ref..
..in
AGO....8/1.250/62
Tel. No.. 95219
Your Ref..
in
dated
Emergency (Requisition) Regulations
1949.
28 SEP Recd
Further to our discussion of these regulations at the recent conference,
the following new points occur to me :-
π 1.
BODIE
Regulation 3. In addition to the land requisitioned by the military, it
appears that land was recently requisitioned under this regulation in
connection with the border fence (see your memo dated 18.5.62 to
D.C.N.T.). This is the type of case I envisage as being covered by the
proposed immediate resumption provisions, to be incorporated into the
Crown Lands Resumption Ordinance,
Since there is no necessity for requisitions to be
gazetted under either this regulation or DR 52, we will have to ensure
that all existing requisitions are catered for in a manner or another
before repealing the regulations.
these two regulations :
1 one
The following have been the competent authorities under
Emergency (Requisition) Regulation 3:-
D.C. Barty
12.1.51
A. St.G. Walton 19.10.51 D.C.N.T.
•
·
19.10.51 25. 5.62
25.5.62
(Regulation 3 only) (G.N. 7/51) (Regulation 3 only) (G.N.182/51) (Regs.
3,5, 7 & 8 ) (G.N. 47/62)
#
$
Defence Regulation 1940 Regulation 52.
Accommodation officer 4.9.39 28.6.46 (G.N. 746/39)
·
Principal Assistant Colonial Secretary 28.6.46 - 2.7.49 (G.N.194/46) A.
St.G. Walton 2.7.49 - 12.1.51 (G.N. 147/49)
From these appointments, it seems that Regulation 52, ceased to be used
after 12.1.51.
2. Regulation 6. At our recent conference, I overlooked the fact that a
number of orders have been made under this regulation, most of which are
still in operation, authorizing the use of land by the military for
firing purposes.
A complete lot of those in operation can be found in the
index to the 1961 volume of regulations, and they appear under the
following gazette notifications:-
G.N.262/50, 60/53, 133/53, 134/$3, 135/53, 1.
138/53, 164/53, 173/53, 165/54, 167/54, 4/60.
137/53,
It appears from a cursory glance at these orders that in all cases the
use of of the land is required by the military for firing areas, and I
assume in view of the fact that these orders have been retained in
operation for a number of years that they are required on a permanent
basis: if this is so it is quite unsatisfactory that they should be
retained under Emergency powers. It seems to me, at first glance, that
these firing areas are not dissimilar to those included under the
Defences (Firing Areas) Ordinance, and that perhaps the most
satisfactory way of disposing of these orders would be to incorporate
them into the new Defences (Firing Areas) Ordinance, on which we will
shortly be starting work. I would be grateful if you could give some
thought to this matter.
NC
6269 DATE 2919
AWATC UTITER
CONFIDENTIAL
/ 3. General.
1
CONFIDENTIAL
3.
General.