Dear
(FUIT)
7th. November, 1962.
He
Referring to Item 11 mentioned under "A" in your notes
to the Attorney General I have now discussed this with Mr. Wakefield.
says that the Immediate Resumption Regulations were designed for one
specific occurrence. Apparently at the time when they were brought in
there was no legal provision to prevent people building squatter huts on
privately owned land. There was a fire at Tung Tau and the land which
Government wished to acquire for re-settlement was privately owned and
some of the owners queried Government's right to prevent building huts
on the land.
I believe I am correct in saying that this legislation has never been
used since, although you mentioned Mr. McRoberts recollection that it
may have been used at Shek Kip Mei.
The Re-settlement Ordinance now covers the building of
un- authorised huts on private land. Mr. Wakefield considers that these
Regulations are now completely redundant and, moreover, that the
reference to the Chairman of the Urban Council in Para. 2 (2) makes them
almost impossible to apply as an urgent emergency measure.
Under any circumstances that I can imagine we would be
adequately covered in the first instance by requisitioning. The normal
process of resumption under the Crown Lands Resumption Ordinance could
then take its course.
Mr. Davidson,
Legal Department, Colonial Secretariat.
AJS: jw.
(A. J. Shephard)
CONFIDENTIAL RÈG
7153
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CONFIDENTIAL
MEMO
5 6/3231/59
(Mr. Shephard)
To Hon. Colonial Secretary..........
Date...lat November, 1962..
dated.
From..
Ref....
Legal Department.
(24).
in AGO 8/1250/62...
Tel. No. 95819..........
in
Your Ref.
Revision of Emergency Regulations
Emergency (Immediate Resumption) Regulations, 1952.
These regulations were enacted in January, 1952, to allow for immediate
resumption of land "where necessary or expedient for the rehousing of
persons rendered homeless by fire or of persons in urgent need of
accommodation". The method adopted was to abolish the recruitment of one
months notice under the Crown Lands Resumption Ordinance (s. 45) in
respect of land to which the regulations applied.
2.
requirement
It appears that the regulations have been used on three occasions:-
(a) after a fire in Tung Tat Village in January, 1952;
(b) after a fire in Kowloon Tsai in April, 1952;
(c) after a fire in Shek Kip Mei in December, 1953.
They do not appear to have been used since.
3.
I have discussed these regulations with McRobert who is of opinion that
they are not likely to be used again: I suggest therefore that they
should now be revoked. You will note that on each occasion that the
regulations have been used, it has been necessary to go to the Governor
in Council so that the application of the regulations can be extended to
cover the required area; since this is so, it seems much more
satisfactory that the regulations should be revoked and that there
should be a set of regulations in draft form which could be used, if it
was decided that immediate resumption was required to meet a similar
emergency in the future. This would involve no greater delay than the
procedure adopted in the earlier instances.
4.
I would be grateful if you could give approval for this step.
answered by (104)
No.2069 DATE 2/11
WARE
LITTER
www.Davidso
(W.S.W. Davidson) Crown Counsel
A
/ap.
From..
Ref.
Tel. No..
B28360
92
Colonial Secretariat
MEMO
A
1
کچھ
lob
D. C. & I.
13th. November, 1962.
Date.
in.
dated.
To.
(106)
95302
CR.6/3231/59 II
.in
Your Ref..
Revision of Defence Regulations
May I please refer you to Crown Counsel's memorandum in AGO/8/1250/62 of
the 27th. September, 1962.
2.
raised.
I shall be grateful for your early opinion on the matters We have given
a definite undertaking to the Secretary of State that we will repeal all
redundant emergency type regulations before the end of the year.
AJS: jw.
(A. J. Shephard) for Colonial Secretary.
LETTER
تا
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13/11
CONFIDENTIAL
61-B
CONFIDENTIAME
MEMO
6/3231/59.
From
Legal Department.
Ref..
27.
in A6.0.8/1250/62.
To Hon. C.S. (Mr. Shephard).
1017
Date 10th November, 1962.
dated.
Tel. No.
95219
Your Ref.
.in
Revision of Emergency & Defence Regulations Emergency Powers (Extension
and Amendment Incorporation)
Ordinance, Cap.251
Law Amendment (Transitional Provisions)
Ordinance, Cap.257
These two Ordinances are bound up with our revision of Emergency and
Defence legislation, since both are responsible for keeping temporary
war-time legislation in operation; I have accordingly been asked to look
into these two Ordinances. The position seems to be as follows:-
Cap. 251.
S.4 of this Ordinance keeps alive the Compensation (Defence) Regulations
1940: these regulations would appear to be required until the revocation
of the Defence regulations 1940, Emergency (Requisition) Regulations
1949, and Emergency (Principal) Regulations 1949, but after that will no
longer required to be in operation, and can be revoked.
Cap. 257.
S.3 of this Ordinance keeps in operation various proclamations of the
British Military Administration. Of these, the following remain:-
Proclamation No.11: this proclamation supplements the Trading with the
Enemy Ordinance 1914, which is also still in operation.
In 1957, an Ordinance (No.12 of 1957) was enacted to repeal the Trading
with the Enemy Ordinance 1914, and another (No.13 of 1957) enacted in
substitution: neither were brought into operation, however, because the
winding up of seized enemy property was still going on: if this winding
GR.13/3231/18. up is now completed these two Ordinances (Nos.12 and 13
of 1957) can
presumably be brought into operation, and Proclamation No.11
revoked. APS(E)
Bodilly's memorandum dated 29.10.62 to Hon. C.S. (ref.AGO/199/1250/52)
refers.
in
་་༥་༤
Speak
20/11/62.CR
to nect
Gem?
If any seized property is still held, I suggest that all steps should be
taken to complete winding up.
Proclamation 27.
Mr
I understand that Mr. Botelho of our department is
awaiting a reply from the Registrar General on whether this proclamation
is still required to be in operation.
MERIL!
* 7·243 DATE 13/11
WARD
LETTER
Wtw Doniste.
(W.S.W. Davidson)
Crown Counsel.
CONFIDENTIAL
From..
Ref.
123933
Legal Department
CONFIDENTIAL
MEMO
60/8/1250/62€
.in
A Go
Tel. No...
95219
Your Ref.
6/:231/59
To Postmaster General
in
108
Date 14th November, 1962.
dated...
A
Revision of Defence Regulations.
Defence Regulations 73.
In our recent discussion, you indicated that you would have no
objection to the revocation of this regulation, provided that the D.C.
and I hed authority to search and detain postal packets coming into the
Colony which there was reason to suspect contained illegal substances.
seems to be that D. C. and I inspectors have adequate powers to search,
detain
The position and arrest where there is reason to suspect the commission
of any offence against an Ordinance or regulations under which they have
power to act. all practical purposes these are as follows:-
(b)
(a) Importation and xportation Ordinance Cap.50; Dutiable Commodities
Ordinance Cap. 109; Dangerous Drugs Ordinance Cap. 134; Penicillin
Ordinance Cap. 137;
Pharmacy and Poisons Ordinance Cap. 138;
(f) Any regulations made under any of these Ordinances.
For
Police Inspectors have similar power to act under the Police Force
Ordinance, where there is suspicion of the commission of any criminal
offence.
It appears therefore that the revocation of Defence Regulation 73
should not cause any great difficulty.
2.
In view of paragraph 1 above, there appears to be no urgency for an
amendment to increase the scope of s.13 of the Post Office Ordinance:
this
can be considered along with your other proposals for amendment of this
Ordinance.
c.c.
Han. C.S. (Mr. Shephard)
D. of C. & I.
C.P. (Mr. Dawson)
wow Dansin.
(W.S.W. Davidson)
Crown Counsel.
7279
CONFIDENTIAL
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MEMO
CONFIDENTIAL
From
Postuaster: General
To
Logal De art mont
Telephone.....24465
Your Ref:
.in..........A60/8/1250/620.
Date.....15th. November, 1962..
My Ref: (.3.).
...in....PMD,1,-
Revision of Defence Regulations.
Defence Regulations 73.
Thank you for your memoranda of the 31st October and
10814th November, 1962; and for the trouble you have taken to check
the points which were raised during our discussion.
2.
Under the circumstances I would have no objection to the
revocation of Defence Regulations 73.
* Bal
c.c. lion. C. S. (iir. Shephard)
D. of C. & I.
C.P. (Mr. Dawson)
AGC:sea
(A. G. Crook) Postmaster General
CONFIDENTIAL
IROW AND
LIITO
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6/3231/59
110)
Director of Commerce & Industry
445678
C.R. 4181/62
(a)
COFIDETI AL
Legal Department
20th love ber, 1962.
42
Revision of Defence and Fineryency Reg:lations
I refer to your memoranda AGO 8/1250/62 (12) of 27th September and AGO
8/1253/62 (22) of 12th October, 1962. I wish to make the following
comments:
Defence Regulations 1940
(i) D.R.46 (1.).R.62) 1 comim that the Defence (linker Coal
and Oil) Order 1940 is no loer required and there appears to be no need
for this D.R. to remain in view of E.P.R.62.
(ii) D.R.50 (£.P.R.72)
in
GREIN
(a) I am not concerned with the murketing of Larine Fish Order 1946,
Harketing (arine Fish) 1950 and harketing (Marine fish) authorized
Officers Oruer 1960, and I suggest you consult the Commissioner for
Co-operative Development Fisheries.
(b) Prohibited export Order 1946
Brass, butter, going bags and sulphur were removed from the schedule of
prohibited articles by the Prohibited Exports (Amendment) Crder 1956 (GA
90/56). The export of borax remains restricted under that order but as
borax has already been incorporated into the schedule to the Exportation
(Prohibition) (Strategic Comodities) Regulations 1959, the Prohibited
Export Order 1946 is no longer required.
(c) Import Control Order 1947 and Export Control Order 1950
(1) I confirm that this regulation is still required to be in operation
at the present time for the purpose of giving validit to the orders made
under it. The export Control Order 1950 gives me the authority to
license exports for ixchange Control rensons, Mie Daport Control Cruer
1947 embles me to license and control imports of the goods mentioned in
paragraph 2 of the schedule enclosed with my Leno. C.R. 4182/60 o; 19th
February 1962 addressed to Hun. Colonial Secretary and copied to you.
ai
4/323 1/47 (11) See my comments at (b) aixve.
'atted
(iii) The Import and Expert Control Criers are still in use and must be
retained until the enactment of the I & (Licensing) Regulations 1962. I
agree that these regulation can be dúoted under the few Ordinance.
L
Present
(iii) DRSM, DR55 and DR73 (1.P.R.73. .....P.R.67. E.F.R.96.)
Mincc those Deforce Regulations are covered by imer uncy (Principal)
Regulations, I agree the are no longer necessur; •
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mergency Regulations
(1) Maer ney (xportation) (iscellaneous Provision) Regulations
IS
1751.
These regulation are still in operation and need to be: retained until
the enactment of the I & 1 (Direction Orders) Regulations, the draft of
which was forwarded to you under cover of my Lemo (95) in C.R. 4182/60
dated the 11th
CR7/3244 December, 1961.
(ii) Emergency (Essential Supplies) Regulations 1952
No essential supplies certificates have been issued by this Department
since 2nd May, 1955 and I agree that these re,ulations are no longer
required.
(iii) Amergency (Importation and Exportation (rdinance) Regulations
1953,
1954, 1955.
I confirm that these regulations are still required until the nactment
of the new Iportation and Exportation Ordinance.
(DC. Jeaffreson)
for Director of Comerce and Industry
c.c. lion. C.S. (lir. Shephard)✓
C.P. (1r. Dawson).
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CONFIDENTIAL'
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To Hon. C.S. (Mr. Shephard).
From....
Legal Department..
Ref...........
..(45)...
in AGO 8/1250/62.
Tel. No. 95219
Your Ref.
in
113
Date 5th December, 1962.....
dated
Revision of Emergency and Defence
legislation.
I enclose herewith, a draft order in Council revoking several Defence
Regulations and orders made thereunder; a draft order in Council
revoking sets of Emergency regulations; and a table showing departments
consulted, and other information about the enactments to be revoked.
2.
It would be best if these two orders could go before Ex-Co. on December
18th, as
3.
(a) the resolution extending the Defence Regulations (Continuation)
Ordinance for a further year must go before Leg.Co. on the 19th, and it
would then be possible to tell Leg. Co. that the number of scheduled
enactments had been considerably reduced;
The in (b) the revocation of the three Marine Fish orders, must bin with
the commencement of the new Ordinance.
These two orders can safely be described as measures to clear away
'deadwood', and do not involve any major policy issues. The only further
comments I have are as follows.
Defence Regulations.
The D.Rs to be revoked all contain powers that would only be required in
an emergency, and all are covered by corresponding E.P.R.S. When the
Ordinance comes up for renewal by Leg. Co. all that will, in fact, be
left will be:-
(a) D.R.50, which must be kept alive to support the Import Control Order
1947 and Export Control Order 1950: however, these will shortly be
replaced by the proposed new I. & E. Licensing Regulations.
(b) D.R.52, which is kept alive to support outstanding requisitions
of land by the military.
(c) The Defence (Finance) Regulations, 1940.
Emergency Regulations.
The revocation of several other sets of regulations is in the offing,
and can be expected in the forseeable future.
You will recall that the revocation of several orders under regulation 6
of the Emergency (Requisition) Regulations is also in the offing, and
dependant only on confirmation by the military authorities.
4.
I would be grateful if I could see a copy of your draft memerandum, so
that I can put it before Attorney General together with the two draft
orders.
'ጽ
4
7675 ~158 15/12/021.
WTWD air of in
(W.S.W. Davidson)
Crown Counsel.
Enclos.
CONFIDENTIAL
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Dream!!.
WHEREAS
DEFENCE REGULATIONS (CONTINUATION) ORDINANCE
(No. 37 of 1958).
DEFENCE REGULATIONS (CONTINUATION) ORDINANCE (REVOCATION OF SCHEDULED
ENACTMENTS) ORDER,
1962.
Annex A.
Citation.
(a) the Defence Regulations (Continuation) Ordinance, 1958,
as extended annually by resolution of the Legislative
Council, has retained in operation certain enactments
(hereinafter referred to as the scheduled enactments)
made pursuant to powers conferred by the Emergency Powers
(Defence) Acts 1939 to 1945
(b)
(c)
(a)
certain scheduled enactments are no longer required to be
in operation
notwithstanding the fact that it had been revoked by the
Law Amendment (Transitional Provisions) Order, 1954, the
Port Executive Committee Order, 1946, was included among
the scheduled enactments
doubts have, therefore, arisen as to whether the Port
Executive Committee Order, 1946, is at present in operation;
and it is considered desireable that, for the avoidance of
doubt, it should be expressly revoked
NOW THEREFORE in exercise of the power conferred by section 3 of the
Defence Regulations (Continuation) Ordinance, 1958, the Governor in
Council has made the following Order
1.
This Order may be cited as the Defence Regulations (Continuation)
Ordinance (Revocation of Scheduled Enactments) Order, 1962.
Revocation of
certain
scheduled
enactments.
2. The scheduled anactments referred to in the schedule tothis
Order are hereby revoked.
200 Cab
SCHEDULE
> Regulations.
Regulations 37, 39, 43, 46, 47, 504, 54, 55, 56, 57 and 73 of the
Defence Regulations, 1940.
ORDERS
Citation
1. Defence (Bunker Coal and Oil) Order,
1940
Gazette Notification No.
179/40
2. Port Executive Committee Order, 1946
B.M.A. Gazette of 30.4.46.
3. Order made in 1946 relating to requisi-
tions.
205/46
4. Prohibited Exports Order, 1946
238/46
5. Marketing of Fish Order, 1946
363/46
6. Marketing (Marine Fish) Order, 1950
A.74/50
7. Marketing (Marine Fish) Authorized Officers
Order, 1960.
A.60/60
MISCELLANEOUS
2. Appointment of Postmaster General as
Competent Authority for the purposes of regulation 73 of the Defence
Regulations, 1940.
2. Establishment of Wholesale Fish Market at
Marine Lot No. 87, Tung Kun Street, Yaumati under the Marketing (Marine
Fish) Order, 1950
3.
Establishment of Wholesale Fish Market on
Island Road, Aberdeen, under the Marketing (Marine Fish) Order, 1950.
4. Appointment of the Director of Commerce and Industry to be Competent
Authority for the purposes set out in regulations 50A and 73 of the
Defence Regulations, 1940.
746/39
.123/50
A.116/52
788/50
COUNCIL CHAMBER,
11962
Clerk of Councils.
Citation.
Revocation of certain regulations.
Алиех В.
EMERGENCY REGULATIONS ORDINANCE.
(Chapter 241).
Emergency Regulations Ordinance (Revocation of Regulations)
Order, 1962.
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, the Governor in Council has made
the following Order
1. This Order may be cited as the Emergency Regulations Ordinance
(Revocation of Regulations) Order, 1962.
2. The regulations contained in the Schedule to this Order are
hereby revoked,
SCHEDULE.
Citation.
Gazette Notification No.
1. Emergency (Anti-Aircraft Gun Practice)
A. 225/49.
Regulations, 1949.
2.
Emergency (Arms and Ammunition Ordinance,
A. 195/50.
1933)(Amendment) Regulations, 1950.
3.
Emergency (Defended Areas) Regulations,
A. 84/51.
1951.
40 Emergency (Immediate Resumption)
A. 5/52.
Regulations, 1952.
5. Emergency (Essential Supplies) Regulations,
A. 25/52.
1952.
6. Emergency (Immediate Resumption)
(Application) Regulations, 1953.
7. Emergency (Immediate Resumption) (Application)
Regulations, 1954.
COUNCIL CHAMBER,