は
A 9914
18/12
CONFIDENTIAL
18 DE Reed
6/3231/59
BRITISH FORCES SECRETARIAT, HEADQUARTERS BRITISH FORCES.
HONG KONG,
EMERGENCY (PRINCIPAL) REGULAITONS
Further to our conversation of yesterday it would be much
appreciated if a copy of the above Regulations could be forwarded for
retention by this Headquarters.
Assistant Defence Secretary,
A.J. Shepard Esq.,
Colonial Secretariat.
Copy :- GSO 1 (Ops
G30 2 (Ops)
20 DEL Red
49567 ***8_20/12.
AFITER
Th 18
Dec 62.
Stronard
Commander, R.M.
B
for Emergency Trey's
which is with me.
From :
Legal Department
Ref:
AGO 8/1250/62
Tel.No.
95219
Ais
31/12
MEMO
CONFIDENTIAL
To See distribution list.
129
Date: 31st December, 1962.
Revision of Emergency and
Defence Regulations affecting
D.C. & I. and D.A.F.
In view of the urgent need to dispose of outstanding emergency, and
Defence regulations, and the unlikelihood of the new I. and E. Ordinance
being enacted for some considerable time, it is proposed to act as
follows
1. Proceed with the proposed I. and E. (Licensing) regulations, under
the present Ordinance. The enactment of these regulations will enable
the Import Control Order, 1947, the Export Control Order, 1950, and
Regulation 50 of the Defence Regulations to be revoked, in addition to a
large number of orders under the I. and E. Ordinance. I will proceed
with a new draft, and in the meanwhile would be grateful to know if
there are any changes of policy or instructions since the last draft was
produced.
2. Proceed with the proposed I. and E. (Direction Order) regulations
under the present Ordinance, which will enable the Emergency
(Exportation)
(Miscellaneous Provisions) Regulations 1951 to be repealed.
3. Proceed with the drafting of new regulations under the present
Ordinance to be called perhaps the Importation (Agricultural Poisons)
regulations 1963.
These regulations will prohibit the Importation of Agricultural Poisons
set out in the schedule except under licence from D.A.F. The schedule
will be based on that provided by D.A.F. and attached to his memo dated
20.11.62. Whereas s.16 of the I. and E. Ordinance enables the Governor
in Council to delegate powers to the Director of Commerce and Industry,
no such delegation can be made with respect to the Director of
Agriculture; accordingly I advise that under the present Ordinance, it
will not be possible to provide for amendment of the schedule by the
Director of Agriculture; at present the schedule will have to be amended
by the Governor in Council, although this position could perhaps be
altered under the new I. and E. Ordinance. D.A.F. will be enabled to
impose conditions on the grant of any licence, and by virtue of the fact
that these regulations are to be enacted under the I. and E. Ordinance,
the D.C. and I. will have adequate powers to enforce the regulations.
I will proceed with the drafting of these regulations, but meanwhile
would be grateful if D..F. would consider amendments to the schedule in
the light of Secretary Pharmacy Board's nemo dated 28.12.62.
4. Defer any action on the Emergency (I. and E.) (Amendment) Regulations
1953, 1954 and 1955 for the next few months.
The incorporation of those regulations into the I. and E. Ordinance will
have to be done by Ordinance; and for this reason it would undoubtedly
be more convenient for this to be done by the new I. and E. Ordinance,
rather than an Ordinance anending the present one.
If, however, no progress has been made on the new I. and E. Ordinance by
about April 1963, it will probably be necessary to adopt the latter
cause.
LowDust
(W.S.W. Davidson)
Crown Counsel.
/Distribution
Distribution:-
/f
2
Hon. C.S. (Mr. Miller) Hon. C.S. (Mr. Henderson) Hon. C.S. (Mr.
Shephard)
D. of C. and I. (Mr. Jefferson) D. of A. and F. (Mr. Nicholls) P.M.O.H.
(N.T.) (Dr. Allan) Secretary, Pharmacy Board. Legal Department 3 copies.
Má
CONFIDENTIAL
جميع
:
Colonial boereteri§Ÿ·······
CONFIDENTIAL
MEMO
To......bolicitor General..
Telephone
95261.
Your Ref:
in.....
Date 9 January 1963.
My Ref:.
(121). in...
CR 6/3231/59 II.
Revision of Emergency and Defence Regulations
We discussed the Attorney General's memorandum
(45) in AGO 6/1250/62 of 5 December 1962.
2.
I agrec with the proposal in para.l of that memo that you should
prepare a draft savingram setting out the position we have reached so
far and how we intend to proceed in the future,
3.
I agree that we should proceed as proposed in paras. 2-4 with regard to
the "emergency" legislation still on the books. I cnclose a draft
Secretariat Circular and should be grateful for your comments on it.
4.
le discussed in particular the future of the Emergency (Frincipal)
Regulations 1949 and I explained reasons why we should prefer to avoid,
as long as possible, the necessity to evoke the Emergency io crs
Order-in-Counci 1939. he agreed tht the lcgulations should be revoked,
but that before this is done they should be set up in proof again in
such a way that any one or more of then could be made again at very
short notice. Should the need arise for a proclamation Order-in-Council
any regulations already made under the Emergency Regulations would
continue in force and additio..al regulations can be made cither under
that Ordinance or under the Order-in-Council.
5.
I agree that consideration of the Regulations that would be required in
the Atomic Amergency should be deferred until the action referred to
above has been completed.
6.
I regret the delay in dealing with this matter.
CONFIDENTIAL
(D.B. Jordan) Defence Secretary
CONFIDENTIAL
الا
Ku
OUTWARD
LE
G.F.
0000730
20,000x100-82-B28360
MEMO
From....
Ref........
Colonial Scertariat
To.
Tel. No..
(122)
95302
in CA.G/3231/59 11
Your Ref.
in
2.
122
Office of the Camo:joro
(Attn. Lt. Cdr. Foster)
Hayol.F.
(Attn. Car. Loonarā)
12222
11th. January, 1965.
Date.
dated..............
Revision of Bergency ami Defence Rezulations
Reference, conversation Foster/Chephard.
I enclose a copy of the Energency (Royal Navy) Police Powers
Regulations, 1949 for your information.
3.
In due course you will also need a copy of the Finergency (Principal)
Regulations, 1945. I am afraid that there are no spare
rincip copies available; they are being reprinted and as soon as I have
extra copies I will forward them.
(A. J. Shephard) for Colonial Secretary
REGIS!
c.c. Hon. A.G.
Enos.
CONFIDENTIAL
118.
OUTWARD
LETT!
ó. A. 224
Citation.
122
THE EMERGENCY REGULATIONS ORDINANCE, 1922.
Regulations by the Governor in Council.
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, 1922, as amended by the Emergency Regulations
(Amendment) Ordinance, 1949, and the Emergency Regulations (Amendment)
(No. 2) Ordinance, 1949, the Governor in Council has made the following
regulations
REGULATIONS.
1. These regulations may be cited as the Emergency (Royal Navy) Police
Powers Regulations, 1949.
Interpretation.
2. For the purpose of these regulations
-
Ordinance No. 10 of 1899.
"appropriate law" includes
-
(a) the Merchant Shipping Ordinance, 1899, and any regulations
made thereunder;
Ordinance No. 4 of 1949.
(b) the Immigrants Control Ordinance, 1949, and any regulations
made thereunder;
Ordinance No. 5 of 1922.
(c) any regulations made under the Emergency Regulations
Ordinance, 1922; and
(d) any enactment which the Governor may by notification
in the Gazette declare to be included in such expression;
"Commanding Officer" means a Commissioned Officer or midshipman who
at the time of the exercise of any power hereby conferred is in
command of one of the ships of war of His Majesty or one of the
ships of war maintained by the Colony;
"Commissioned Officer" means an officer holding a commission in
-
2
(a) the Royal Navy; or
(b) the Royal Naval Reserve; or
(c) the Royal Naval Volunteer Reserve;
or
(a) the Naval Force;
Ordinance No. 63 of 1948.
"Naval Force" has the meaning from time to time assigned to it by the
Hong Kong Defence Force Ordinance, 1948, or any enactment amending
or substituted for the same.
A reference to an Ordinance shall include any amendment thereof
from time to time in force.
Officers to have powers of a police officer.
3. A Commanding Officer and a Commissioned Officer during such
time as he may be detailed for such duty by a Commanding Officer shall
for the purpose of anforcing the appropriate law have all the powers
vested in an Inspector of Police and in an Immigration Control Officer
whether by virtue of the appropriate law or of any other law applicable
to the Colony.
Commanding Officer may take appro- priate
measures to
require
vossel to
4. For the purpose of requiring a vessel to stop a
Commanding Officer may authorize the firing of a gun as a signal
or may take such other measures as he may deem appropriate to
indicate that such vessel is required to stop.
stop.
Commanding
Officer may
fire at vossel re-
fusing to stop.
5.
Where in exercise of any power conferred by those regulations
a vessel (not being or having the status of a ship of war) has been
lawfully required to stop and fails to do so a Commanding Officer, after
taking such measures as may reasonably be taken to identify the ship
under his command as one of His Majesty's ships of war or one of the
ships of war maintained by the Colony, as the case may be, may compel
such vessel to bring to by firing at her or by the use of
such other force as he may doom appropriate.
Indemnity for persons act- ing in aid
of a Command- ing Officer
or Commission- ed Officer.
3
6.
Every person acting in the aid or by the direction of a Commanding
Officer or Commissioned Officer who is purporting to act in the exercise
of any power conferred by these regulations shall be and is hereby
indemnified and discharged from any indictment penalty action or other
proceeding for so doing.
ALASTAIR TODD,
COUNCIL CHAMBER,
18th October, 1949.
Deputy Clerk of Councils.
Explanatory Note.
The physical control of the movement of vessels in colonial
waters is exercised by the Marine Police who are at present inadequate-
ly equipped to exercise sufficient control outside the limits of the
port of Victoria.
forcement of enactments regulating merchant shipping and immigration
control. The object of the present regulations is to confer upon a
Commissioned Officer of the Royal Navy and of certain other naval forces
or upon a midshipman if he is in command of the vessel, the powers
vested by law in an Immigration Control Officer and in an Inspector of
Police. As the exercise of these powers may render it necessary
to stop and search vessels which may prove unwilling to comply an
officer in command of a warship is authorized to fire at a vessel which
fails to stop when lawfully required so to do.
Such control is necessary inter alia for the on-
G.F. 73B
6,000x100-2/61-B23092
MEMO
CONFIDENTIAL
462-b
From
Solicitor General.
To
Hon. C.S.
Telephone........
95265
Your Ref:
(121)
.in..
CR 6/3231/59 II
Date 22nd January, 1963...
My Ref:
(77)
.in..
AGO/8/1250/62 C..
herewith.
2.
Revision of Emergency and Defence Regulations
Thank you for the draft Secretariat Circular, which I return
I have made a few suggested amendments to the circular.
I think that it would be wise to send a copy of the circular, or
an equivalent letter, to the Heads of the Services so that they may have
the opportunity to make representations about the retention of powers
which may be of interest to them. If we do not do so, they may complain
at a later stage about not having been consulted.
3.
I confirm that the Emergency (Principal) Regulations, 1949 will
not be sought to be revoked until new regulations have been set out in
proof form ready for promulgation at short notice if necessary.
I also confirm that the new regulations will be made under the Ordinance
and not under the 1939 Order in Council.
4.
A draft savingram to the Secretary of State, setting out the present
position and our proposals for the future will be prepared and will be
forwarded to you in the near future.
Deup solut
(D.T.E. Roberts) Solicitor General.
/es.
#HARD
RIGSTEY
512.
24/1
LITTER
2 d
123,
73
0000730
00-3162-B28360
MEMO
6/52/592
CONFIDENTIAL
124
From.......
Legal Department...
To....
Hon. C.S.
Ref......
(78)
.in...AGO/8/12.50/62. C.
Date.
5th February, 1963.
Tel. No.95219
Your Ref.
.in..
dated.
Defence (Finance) Regulations, 1940
In view of the policy decision taken by Hon. C.S. (Reference (121)
in CR 6/3231/59 II) in reply to Hon. A.G.'s memo dated 5.12.62. (Ref:
(43) in AG0/8/1250/62) consideration will have to be given to drafting
legislation to replace these regulations.
2.
It might be helpful to have a preliminary discussion on this subject
between the Secretariat and the Legal Department, in order to enable a
decision to be made on the type of replacing legislation required.
W.SW.Davisson.
(W.S.W. Davidson)
Crown Counsel.
/es.
6 FEB New
yys
un 6/2/43
در نا //۲۴۵
LETTER
G.F.
0000730
20.000x103/62-B28360
MEMO
From...
Ref............
Colonial Secretariat
(125)
.in.CR.6/3231/59...II
Tel. No..........
95302..........
Your Ref.
in..
12.6
To Chief of Staff, H.G.L.F. (Cdr. Leonard)
Date February, 1963.
4
dated.
145/4/5/43
126
You will find enclosed three copies of Secretariat Temporary Circular
No. 'L' 5 which sets out proposals for the revision and revocation of
all existing Emergency Defence Regulations.
2.
I shall be grateful if you will inform the Service Commanders and
let me know in due course if you wish to make any representations
concerning military interests in this legislation.
Als
(A. J. Shephard)
for Colonial Secretary.
AJS: jw.
FIDENTIAL REGISTRY
T625.
OUTW
6/2
LETTE
RESTRICTED
CR 6/3231/59 II
Note:
SECRETARIAT TEMPORARY CIRCULAR NO. 'L' 5
Emergency & Defence Regulations
(126)
Colonial Secretariat,
Hong Kong.
4th February 1963.
This circular sets out certain proposals for revoking all existing
Emergency and Defence Regulations. They are either to be replaced by
permanent legislation where necessary or to be held in proof form so
that they can be brought into force as and when the need arises. The
circular should be read by all Heads of Departments, Officers concerned
with the operation of existing Regulations and those concerned with
Emergency Planning.
It is proposed to revoke, at the earliest possible date, all
Emergency Regulations and British Military Administration Proclamations
which are still in operation. This includes the Emergency (Principal)
Regulations, 1949. The only exception proposed is for the Emergency
(Deportation and Detention) Regulations 1962.
2.
Any Head of Department who sees any continuing need for any provisions
of the Regulations referred to above, and who has not already consulted
the Legal Department on this subject, should submit his proposals to the
Colonial Secretary (copy to Attorney General) for consideration not
later than 28th February 1963.
Provisions which are required in normal times should be incorporated in
the permanent law.
3.
4.
Provisions which are required only in emergencies will be put into draft
Emergency Regulations which will be held ready to be brought into force
if and when the need arises. This applies particularly to the provisions
of Emergency (Principal) Regulations, some of which are now in force and
others on the Statute Book but not in force. Heads of Departments are
also invited to examine the Emergency (Principal) Regulations and to
submit any suggestions for their improvement which will assist in their
revision.
5.
Crown Counsel (Mr. Davidson) will be available to assist departments
in deciding whether the existing powers are:
(a) adequately covered by other existing permanent legislation;
(b) not required;
(c) required, and if so, how best they can be
(i) incorporated in the permanent law, or
(ii) incorporated in draft Emergency Regulations.
To: Heads of Departments
E.B. TEESDALE
Deputy Colonial Secretary
78
0000730
20-8/62-B28360
From.........
Goverment Printer
in....
Ref.
Tel. No. 703616
MEMO
CONFIDENTIAL
To Hon. C.S. (for Mr. Sheppard)
Date 6th February, 1963.
P/GEN. 90 (II)
Your Ref.S.T...G.. 'L.5 in CR 6/3231/591 dated 4.2.63.
serken
Emergency & Defence Regulations
Have noted the contents and apart from the question of the setting and
printing of the material required this does not, I think, affect me. In
this connection, however, I have in hand a reprint of the Emergency
(Principal) Regulations 1949 of which you wished me to reproduce 20
copies for Secretariat use.
20
I originally proposed to have this done by the photographic process
but since then planned to set the job including amendments on my
monotype keyboard, print off, melt down the type and store the paper
reel in my safe or strongroom for use, if required, in any future
emergency.
3.
•
Before I go ahead in this manner should be grateful if you would let
me know whether, now that you plan to revoke, printed copies of this
will ever be required in the future as if not will go back to my
original plan and use the photographie prooe if the reprint is still
required.
G.Pand confirmed!
printing
AIS photo.
will do
SY:cok
11/2
V:
DAPE
#WAR
ARD
yay 4/263
LIITEM
(S. Young) Government Printer
GF. 73A
0000781
8,000x100-5/62-B28427
نام
From............. Legal Department.
Ref..
Tel. No. 95219
CONFIDENTIAL MEMO
CONFIDENTIA
To. Hon. C.S. (Mr. Shephard)(2).
120
Date 7th February, 1963.
dated....
..in..AGQ...8/1250/62....
Your Ref..
in.
S
G
hrad M
PRC's reply
x/ of (160)
23/1476/59 =
CR
in (B
(85)
4.
2.
Revocation of Emergency (Principal) Regulations, 1949
Gazetting of areas under section 12
of the Public Order Ordinance.
I refer to the subject matter of
-
A.G.'s memo to C.S. dated 5.12.62
C.S.'s memo in reply dated 9.1.63 (ref. (121) in
123)S.G.'s memo in reply dated 22.1.63
CR 6/3231/59 II)
In discussion with S.G., it was agreed not to revoke those E.P. R. 's
coming within category (c) of paragraph 3 of A.G.'s memo dated 6.12.62,
until the revised regulations had been set out in proof form; but that
there was obviously no reason why we should not go ahead immediately
with the revocation of those coming within category (b) of the same
paragraph.
3. It appears to me that there are only three regulations coming within
category (b)
Regulations 21, 34 and 57.
Regulation 21 has been rendered obsolete by the new Telecommunication