There may possibly be some other powers in these
Regulations, which the military rely on to give them legal
justification, and it may be that we will require a conference with the
Army legal representative, or Command land agent before going much
further on this.
WIWD and Th
(W.S.W. Davidson)
Crown Counsel.
c.c. C.P. (Mr. Dawson). 12
CONFIDENTIAL
1-B23933
MEMO Jian. D.ll. & ILS.
Hon. D.U.S. (Att: Assistant
74
Director, Hygiene).
To Comandant, lia/ker Control Furce.
Date 9th October, 1962..........
dated..
Legal Departament.
Ref...
(10).
in £GO 8/1250/62....
Tel. No. 95219.
Your Ref.
in
Provention of Cholera l'orulations, 1938.
I have been asked to undertake, as a matt r of urgency, a revision of
all Emergency regulations still in operation, imdor the Emergency
Regulations Ordinance, Cap. 241, with a view to either -
2.
(a) repeal, where the provisions are obsolete or not
required at the present time;
(b)
incorporation in the permanent law, where the provisions are more or
less indefinitely required.
One of the sets of roulations still in operation is tho Prevention of
Cholora Regulations, 1938, as wacnded by subsequent regulations. Some of
the provisions of these regulations a, pear to be obsoleto, in view of
the fact that there are similar provisions in Urban Services
legislation; it may also be that the other provisions are no longer
required.
3. I attach, for your convenience, a coy of the Prevention of Cholera
Regulating, 1938, as amended, nil below my comments on these regulations
-
Remulation 2. This is partly covered, so far as the Urban areas, are
concerned by Bylaw 30 and the Second Schedule to the Food Business
By-lavs.
Forulation 3. This is covered, for the Urban areas, by Ny-last 5 of the
Frozen Confections By-laws; and partly by rule 3 of the H.T. rules, for
the New Territorios.
Romulation 4. I cannot find any other specific regulation or by-law
prohibiting the sale, etc., of non-nerated drinks, although non-bottled
drinks are included in the Second Schedule to the Food Business By-laws,
Terulation 5. Again I cannot find any specific regulation o by-low
prohibiting the sale, etc., of these commodities.
Rosulation 6. As rogarda the Urban areas, the sale, etc., of
Yu Sang is absolutely prohibited under by-law 29 and the First Schedule
to the Food Business by-laws; the samo beg not seem to apply for 'Yu
Song Chuk*
Regulation 7. As regards the Urban areas, I imagine that mussels came
within the term 'shellfish' and are therefore covered by by-law 30 and
the Second Schedule to the Food Business by-lwa. rovilation 74. This
regulation appears to be completely covorod by by-law 23 of the Food
Business by-laws, and now obsolete. Remântion 8. Section 59 of the
Public Health and Urben Services Oruinance, confers pouvors of seizure
on public officers, wider than regulation 8 in the sense that offending
foodstaffs can be destroyed without reference to the mugistrute. Also
the ponalties under the Food Business by-laws and N.T. rules are very
much more stringent.
2.
1
40
In akuition to express prohibition of the sale of particul r
foodstuffs, it seems that indirect control can be exorcised under the
licensing provisions of the Hawker By-law, and N.T. rulos,
5.
It is mosted that those provisions which are not covored elsu hero and
which are still required to meet the recurrent Cholers threat should be
incorporated in to the porn nent lay in the most apropriate place. I
would be most grateful therefore, for your instructions on w'ich
provisions if any are still required.
6.
The repeal of those regulations vill not, of course, affect the power to
make Dhergency rogulations to neet Tergencies in the
future.
WswDanisson.
V.S.. Davidson
Crown Counsol
c.c. Hon, C.S. (Mr. Shephard).
C.P. (r. Dawson).
lion konc.
O...JINTUI, No. 5 of 1922. (1.1M Y
LYEMLA JUMS).
Published in the covernment Gazette iztreordi.ary of the
30th 103, 1938, coverment Notification lo. 430.
In exercise of the powers conferred by section 2 of the
Ther, they te uletions Ordinenec, 1922, the Governor in Council
nakes the following regulations:-
Prevention of Cholera.
1. In these regulations "hauker" neuns rny person who
tredeo in any street or public thoroughfare or gocs from plrcc
to place, or joes on board any vessel, sellin or oxysing for
sale any goods, vercs or ; czc.andise imediately to le
delivered, or expesin amples or pat erns of tury goods, va200
or Lerchandise to be afterwards delivered, or selling or offer-
in; for sale his skill in handicrrit, except a person selling or
decling orders for goodo, veres or Lerchandise to or fron
persons who are deelora therein and who by to sell again.
2. No hauler strll cell or expose for ele or of er for cele
nny freo.. fruit unles. the crne is role, that is to any, w.cut
and unpeeled.
3. No healer slali sell or expose for acle or ofier for sele
ice cream, or riy "rozen or c.illed preparation com only
know ro "ico creen" tiless he holds a por it in writin' in
tirt Lehrl" ci cod to Claisen o. the rien Covicâl end
by a calth officer issued to im r.ter the drŝo of clin
rc uletion.
ULA
An
(
4. No lauker sinl. sell or expore for u: le or of er for le Fny
non-acrated drinks, in the preparation of vic. Prit jaco
or erla (ot or wall ten) tre used, unless he
ldo r per lt in
writin : in tint behel: signed by the Chairrn of the Urben
..
Council and by a colt ficer issued to hin a. ter the date of
this re ulation.
5. No betler cicle scll or expoco for cele or offer for erle
any of the jellies Inom no Loun; Jan (
) and Lan
Teu Lo() unless he holds a perit in writing
in that behol. cized by the ünim an of the beni Council
orlt. :icor issued to him rfter the dite of tis
and by a
ro
ulrtion.
6. Ixcept wider end in eccordance with. : mitten zernit
signed by the Chairman of the trban ouncil and e icelth
Officer, no perron stall sell, or ofter or exj, co i * e: lc, the
Chinese dis..ob lov: eo "Yu Seng" (
) and "Yu Song
h
4
Chuk" (
15*3
).
7. No person stall cell, or offer or expuse ir cele, tie
Lussels known as Jan Shaui Lin ( 2 ), or riot.cr lind
(K 蜆
of ursele ot er then timed russelo,
7 (1) lio parson shall, ia eny pomer viatsoever, in
the harbour or in Kwaichang; Bay, collect shell fish,
(2) for the purpose of this re uletion the tert. "shell
fich" i...cludes mesele, círůpo, ¡raw 6, lobsters and ell
oti or inds of mollures and crustaccent.
(3) for the pup se of this rc ulrti n "weichnung Kry"
Deans the cren bounded on the west by a line derm tree
hundred and thirty-Mix de тe s from ti o vestern aztzarity
of tonocUL. CIC
shore
the larblur.
il rr loland to the costern
on t..c crot ly the maillent rud
(0.0)
- 3-
3. Every person who contrrvenes eny of t ere regulatie no shall upon
suzy conviction be lieble to a fine not cuceeding
one hundred dollcro. henover any person is fond by ray police officer
ar my public of iccr nutrized, either
crally or specially, in
that bohrli by the Chiran of the Erben Council, cellin
expocin, or of cri.. for wle on cy,rerises or Temking in a public thorou
hfare any article of food forbidden to be sold or
exposcú or offered for arle under the provisions of t..ere
rculations such police fficer, or such public ofiicer, is hereby
enpovered to cause to be conveyed any such article before the
mgistrate who chall, in addition to the power of murrry
conviction herein provided, on conviction of the offc.der,
order the fericiture of the arid erticice of food or any of them
in addition to eny find whtien ho zay by there replations
irpose.
COMICIL CINTERLIN,
*
29th Lay, 1938,
7. LINGANNY,
Clori: of Councils.
From.
G.F. 73B
~/61-B23092
Telephone..
Legal Department
9.5219
Date 9th October, 1962....
MEMO
о
CONFIDENTIAL
To....Postmaster General.
Your Ref:
.in.
My Ref: (9)
.in.......AGO..8/1250/62.
Telecommunications Ordinance
and review of Emergency Romulations
I have been asked to review our emergency legislation, with a view
to either -
(a) incorporation in the permanent law, where the provisions
are required at the presont time;
or
(b) repeal, where the provisions are obsolete, or already
covered by other legislation.
2.
Regulations 21 and 22 of the Emergency (Principal) Regulations, 1949,
which deal with possession of wireless transmitting apparatus and
interference with telegraphic communications concern your department.
I have discussed these with Mr. Collier and we are agreed that
(a) regulation 21 is completely covered by the New Telecommunication
Bill, and can be revoked on enactment of the bill;
(b) regulation 22 will be completely covered by regulations to be
made under the Telecommunication Ordinance, and can also bo revoked.
3.
I propose, therefore, to revoke these regulations, on enactment of the
new Bill, unless you have any objection to this course.
cc. Hon. C.S. (Mr. Shephard)/
C.P. (Mr. Dawson).
au
(W.S.W. Davidson)
Crown Counsel
/ar.
6638
M26638
11110102
DJI.
*
78A
190-7/61-B23933
CONFIDENTIAL MEMO
6/3231/59
To Director of Co merce & Industry
From ........
Legal Department,
Ref...
(12)
in AGO 8/1250/62...
Tel. No. 95219.
Your Ref.
in
Date... 12th October, 1962...
dated.
Revision of Emergency Regulations
In addition to revision of Defence Regulations, to which my memoorandum
dated 27th September, 1962 refers, I have also been asked to undertake a
review of Outstanding Emergency Regulations.
2. It appears that he following Emergency Regulations concern your
department;-
3.
(a) Emergency (Exportation) (Miscellaneous Provisions)
Regulations, 1951; regulations 1 to 4 ;
(b) Emergency (Essential Supplies) Regulations, 1952; (c) Emergency
(Importation and Exportation Ordinance)
(Amendment) Regulations, 1953, 1954, 1955.
I understand that items (a) and (b) are no longer required, and can now
be repealed; and that item (c) is still required until the coming into
operation of the new Importation and Exportation Ordinance.
40
I would be most grateful if you could confirm that this is the time
position at your earliest convenience.
true
wtwDanistan
(W.S.W. Davidson) Crown Counsel
c.c. Hon. C.S. (Mr. Shephard).
C.P. (Mr. Dawson).
/ap.
CONFIDENTIA
*6697 01.11.13-10-62
WNWARD LETTER.
CONFIDENTIAL
MEMO
6/32317590
IDS
Hon. C.S. (Mr. Shephard) To.......C.P...(Mr. Dawson)....
From
Legal Department
Telephone.....95219.
95219......
Your Ref:
in...
Date 12th October, 1962....
My Ref: (13)
in........AGO/8/1250/62..
(M
Revision of Emergency Regulations
and Defence Regulations.
For the conference on Wednesday 17th October, at 9.30, I suggest the
following agenda
1.
2.
3.
4.
Emergency Regulations, other than Emergency (Principal) Regulations.
Discuss any progress achieved and future course of action.
Emergency (Principal) Regulations.
With regard to those ER's discussed at the last conference discuss any
progress achieved and future course of action.
(b) Go through those EER's not discussed at the last conference,
to decide which, if any, can be revoked.
Defence Regulations.
Discuss points arising out of my memorandum dated 27th September.
Discuss questioning of obtaining decision at highest level on future of
Emergency (Principal) Regulations.
Wow Daushin
(W.S.W. Davidson)
Crown Counsel.
CONFIDENTIAL
CENT
DONHA
REGSTAY
NC.6681 DATLA 10:42
INWARD
LETTER
From
Telephone.......
Legal Department.
95219.........
Date 25th October.,...1962.
Your Ref:
My Ref:
MEMO
CONFIDENTIAL.
C.S. (Mr. Shephard) To C.P. (Mr. Dawson)
.in........
.in.....AGO 8/1250/62....
98
Revision of Emergency and Defence Regulations.
I enclose herewith notes on the recent conference,
held on Wednesday 17th October, 1962. I would be grateful if
you would inform me of any mistakes or omissions.
WSWD/Cab.
A 6930
257x
DATE 251X
INHARD
25 007 Reed
wen Dandlin
(W.S.W. Davidson) Crown Counsel.
CONFIDENTIAL
(98)
Emergency Regulations & Defence Regulations
Notes of a Conference
held on
Wednesday 17th October,
between:
A.G. Shephard (Defence Branch) C.J.R. Dawson (Police Headquarters)
W.S.W. Davidson (Crown Counsel)
1. Emergency Regulations other than Emergency Principal
Regulations following further points we discussed.
Emergency (Requisitions) 1949. It was thought that
the only requisition made under Regulation 3 still valid in
the urban areas is the Railway Hotel. Shephard would look
into this and possibly send to Legal Department for advice;
and also consult D.C.,N.T. over possible requisitions in the
New Territories. As regards order made under Section 6,1
pointed out that a number of these were still in existence
and could possibly be transferred to the new Defences
(Firing Areas) Ordinance. Shephard to take this matter up
with D.C.,N.T. and Military Authorities. My memo dated
28th September, 1962, deals with this topic.
Emergency (Royal Navy) (Police Powers) Regulations
1949. I pointed out that the Navy did not require police powers under
the Emergency Principal Regulations since this was
catered for in the regulations themselves. I also stated
that I would raise the matter of Naval Police powers under
the Immigration Ordinance at a Conference to be held on
amendments to the Immigration Ordinance on the assumption that Hon C.S.
would secure the Navy's agreement to relinquish
their present power to use fire-arms.
-
2
Emergency (Arms and Ammunition) Ordinance, 1933,
(Amendment) Regulations, 1952. The question of whether this should be
made permanent or revoked was not decided
at the last conference.
enlarged meaning given to the word "arms" in the Ordinance,
a maximum of ten years imprisonment was sufficient. agreed to approach
C.P. with a view to obtaining his consent
to the revokation of these regulations.
It was felt that in view of the
Dawson
Emergency Exportation (Miscellaneous Provisions)
Regulations. 1951. I mentioned that these were thought to
be obsolete and could probably be revoked before the enact-
ment of the New Import and Export Ordinance.
Emergency (Immediate Resumption) Regulations, 1952.
I agreed to put up a proposal in writing to Hon. C.S., for
amendment to the Crown Land Resumption Ordinance as discussed
in the earlier conference.
Emergency (Essential Suplies) Regulations, 1952. The se
regulations were also thought to be obsolete and could
probably be revoked before the enactment of the new Import
and Export Ordinance.
Emergency (Agricultural Poisons) Regulations, 1955.
Shephard agreed to take the initial action on these regulations
with a view to obtaining proposals from interested departments
for incorporation into the permanent law.
Emergency Principal Regulations, 1949. Further points were discussed in
connection with those regulations discussed
at the last conference.
T
- 3
Regulations 21 and 22,
This matter has now been
taken up with P.M.G. who is considering them in relation
to the new Telecommunication Ordinance.
Regulations 25 and 26. Dawson to put up proposals for inclusion in these
regulations with appropriate amend- ments in addition as required for
incorporation into the
Public Order Ordinance.
Regulations 50. 50(a) and 50(1). I mentioned that
initial reaction to the inclusion of these regulations in
the Immigration Ordinance was unfavourable. Shephard agreed
to discuss this matter generally with Clerk of Council in
relation to possible incorporation in the Immigration Ordinance.
Regulation 67A. Dawson mentioned that C.P. had agreed
that this regulation was not required to be in operation
and could terefore be retained to the skeleton.
Regulation 98.
Dawson agreed that this regulation
could be retained in the skeleton as it is covered for all
practical purposes by Section 54 of the Police Force Ordinance.
At a later stage this regulation could be included in toto
in the new Police Force Ordinance and the regulation revoked.
Regulation 117, It was agreed that this regulation
should not be revoked but should be retained in the skeleton
persons exempted from the
since it covered provisions of the Arms and Ammunition
Ordinance.
Regulation 119.
Dawson mentioned that C.P. agreed that
this regulation was not required in the permanent law and
could terefore be retained in the skeleton.
f
4
Regulation 122.
This regulation appeared to include
powers not covered in the Arms and Ammunition Ordinance.
Dawson agreed to take up with C.P., question of whether amendment should
be made to the Arms and Ammunition Ordinance
so as to incorporate this regulation in the permanent law.
Regulation 123, This regulation is covered by Section
5 of the Dangerous Goods Ordinance but it is not at the
moment clear who is the licencing authority.
This regulation
should therefore be retained in the skeleton until the
enactment of the new Dangerous Goods Regulations and could
probably then be revoked.
2.
Discussion of those Emergency Principal Regulations
not discussed in the earlier conference. I mentioned that
having been through these regulations there were virtually
none which could obviously be revoked at the present stage.
It was agreed that detailed discussion on the revision of
was these regulations had been premature and that this job should
be undertaken at a later stage in consultation with other
interested departments after a decision had been reached on
the future of the Emergency Principal Regulations.
this decision had been reached we could meet again to discuss
how this problem could be tackled. We discussed generally,
however, the following regulations:-
Once
Regulation 35. This regulation appeared to be covered
Bo far
as the police are concerned by the Police Force
Ordinance but should be retained in the skeleton because it
enabled service personnel to use fire-arms. Possibly this
regulation could be considered in relation to the drafting
of the new Police Force Ordinance.
Regulation 100. It was thought that this regulation could probably be
repealed along with the sections of the
Peace Preservation Ordinance dealing with the enrollment of
Special Constables.
5
·
3. Defences Regulations.
The following points were
discussed arising out of my memo of the 27th September, 1962.
Regulation 47.
Dawson agreed that there was no bar
to the revokation of this regulation so far as the Police
were concerned.
Regulation 52. I pointed out that prior to 1951 it
appeared that this regulation was used for the requisition
of land and that any requisitions made and enforced in 1958 continued to
have validity under the (Defences Regulations)
Continuation Ordinance, 1958. Shephard agreed to find out
if any requisitions were still in operation under this
regulation. My memo dated 28th September, 1962, refers
to this regulation also.
4.
It was agreed that we could now proceed to obtain a
at decision of the highest level on the future of the Emergency
Principal Regulations. I proposed to minite the A.G. on the subject
giving the background history and the various altenatives alterations
open and the arguements that could be raised.
I would send a copy of my minute to Dawson and Shephard to
make such use of as they needo wished.
/61-R23983
COSMTTAGNITIAL.
62/3231/59
CONFIDENTIAL.
MEMO
From......
Ref.
(24)
Director of Tarine
.in M.D.020/55c
Tel. No. 44-4447
(4.3
To..
Legal Department.
(Attention r.W.S.W.Davidson)
26th October, 1962.
Date.
Your Ref.
.in
AGO 8/1250/62
27.9.62.
dated.
Revision of Defence Regulations.
With reference to your paragraph 4 of your memorandum of 27th September,
1962, I agree that under normal circumstances there is no longer a need
for the Port Executive Committee to be arned with the powers delegated
by His Excellency in the terms of the Port locutive Committee Order,
1946. This was presumably recognised by the revocation of the Order in
1954, the same Committee being re-established, with clearly defined and
quite peaceful terms of reference, by Gazette llotification No.457,
dated 13th April, 1954.
2.
The membership of the P.E.C. is carefully kept to those representatives
of Commodore-in-charge, General Officer Commanding, Land Forces, wharf
and godown interests and British shipping companies who would be vitally