Regulations of Faergency (Frincipal) Regulations brought into oneratica
During this period regulations of the mergency (Frincipal) Regulations
specified in the first column of the following Table were brought into
operation by Orders sp-cified in the
thiri column thereof.
1
67
Regulation
27
29
(except paras.(2) & (3))
31
41
R A 3 * 2 *
TABLE.
Subject Hattor
Dissemination of false report:.
Arrest and power to detain
auspected persons.
Arrest of persons auspected of
being liable to detention
Power to order detention
Power to search for and saise
weapons, ets.
Trials may be in camera (Not used to date)
Order for the opening and closing of premises
Identification
Order declaring couzenoement
"mergency (Principal) Regulations (Commencement) Order 1967 (L.N.108/67)
Emergency (Principal) Regulations (Commencement)
(No.3.) Order 1967
Fergency
orge (Frincipal) Regulations (Commencement) Order 1967 (L.N.108/67)
DESPATCH
XXXXXX
Commonwealth Affairs XXXXXXXXIX
Regulation
100A
1003
107
113
-50
Subject Matter
General provision as to 130 of force in exercins of
Degree of force which may be used and indemnity
Powers to 1isperse asucublica
Order declaring
commencement
Emergency (Principal) Regulations (Commencement) (No.2.) Order 1967
(IN.112/67).
Faergency (Principal) Regulations (Commencement) Order 1967 (.N.108/67).
119A
1198
129C
Obstruction
Persons frequenting or found in premisos scntətring arms, offensive
weapons, etc. to be guilty of offence.
Persons found in premises to which authorised offiser
denied access to be guilty of offence.
Possession of corrosive
cubstance.
Energency (Principal) Regulations (Commencement) (No.2) Order 1967
(L.N.112/67).
127
Meetings.
129
Sabotage
1361
(4)
Power of sentence of
District Courts for offencer under these regulations.
Revocation
Frergency (Principal) Regulations (Commencement) Order 1967 (L.N.108/67)
Emergency (Principal) Regulations (Commencement) (No.4.) Order 1967
(L.N.121/67)
No Emergency Regulations were revoked during this period.
67
G.F. 73A
0000731
From..........
Legal Department
Ref. (1) In.
IR/Cap.251
Tel. No.
239121 E.51
Date
7th October 1967
(185
MEMO
To.....
Colonial Secretariat
Your Ref..
in.
dated
Emergency Powers (Extension and Amendment Incorporation)
Ordinance. Cap. 251
Consideration is at present being given to the desirability of
repealing the above Ordinance. The regulations continued in force by it
were intended to last only for the period of the emergency arising out
of World War II. Whilst no order was made declaring the date upon which
the emergency ended I imagine that it would be held to have ended long
since and claims for compensation are required by regulation 14 to be
made within 6 months, or such longer period as the Governor may allow,
after the date upon which compensation accrues due.
2.
May I know what views you hold on this question? It would be helpful if
you would state when the last claim was made for compensation and when
it was determined and, if available, the number of claims, if any, made
in recent years.
3.
You may also consider that various departments such as Director of
Marine, Commissioner for Rating and Valuation, Director of Civil
Aviation, Crown Lands and Survey should be asked for their views.
Oven Morera
(Owen F. Corcoran)
Ag. Asst. Prin. Crown Counsel
: 9 OCT 1967
0000730 G.F. 73
From...Colonial Secretariat
Ref...(186) CR.6/3231/59.
Tel. No.
95302
Date........
24th October, 1967.
MEMO
186
To.........................Hon. Attorney General
Your Ref. (1) in LR/Cap. 251.
dated
7th October, 1967.
Emergency Powers (Extension & Amendment Incorporation)
Ordinance. Cap. 251
As far as I know, the reason for the retention of this ordinance is
still that stated in paragraph 2 of your memo (27) in A.G.0.8/1250/62 of
the 10th November, 1962.
2.
The repeal of this ordinance is in fact part of the overall review of
defence and emergency legislation at present being conducted by your
department. I believe that Mr. Hobley, Law Draftsman, is aware of
present progress in this matter.
for.
(B.V.Williams)
for Defence Secretary,
0000820 G.F. 82
File No.
EXTRACT FROM GOVERNMENT HOUSE MEETING NO. 1/68
2.1.68.
6/3251/59
(187)
Page....
7. Emergency Legislation.
H.E. agreed that a working party should be set up under .G.'s direction,
with representation from Special Duties and Special Branch, to advise
what current legislation should be :
a given permanent status;
b
refurbished;
discreetly dropped.
ction G.
G. F. 73
0000733
CONFIDENTIAL
MEMO
From
Legal Department
To Deputy Colonial Secretary (SD)
Ref. (6)
AGO. 12/3/1250/67.
Commissioner of Police
-
Attn:
Tel. No.
95265
Your Ref
in
1222-151
Date
12th January, 1968
dated
Review of Emergency Legislation
H.E. has directed that a Working Party consider and advise
which of the current Emergency Legislation, which I am informed refers
only to enactments in 1967, should be
(a) given permanent status,
(b) refurbished, or
(c) discreetly dropped.
As a first step I have prepared a list of the Regulations concerned with
my own first thoughts of what the Working Party might wish to
recommend.
2.
When considering a recommendation involving revocation it
should be borne in mind that the Regulations can be introduced again at
very short notice. Indeed the very act of bringing into force again
would show that Government had reacted positively to the renewed threat.
An alternative to simple revocation would be re-enactment as part of the
Emergency (Principal) Regulations but without an accompanying Order.
bringing them into force. The effect of this would be to return the
sabre to its scabbard but without unbuckling it, and then although no
longer drawn its occasional rattle might have a deterrent effect.
3.
I am anxious that the Working Party should submit its first set of
recommendations in the very near future, and I shall be grateful
therefore if I could have your observations as a basis for early
discussion.
Encl:
GRS/mej.
Comhaneneath.
(G.R. Sneath) Solicitor General
CONFIDENTIAL
TENTIAL PROSTOR
314
LATE 13/1/68.)
INWARD
TETIR
་
6/3251159
)
1887
CONFIDENTIAL
G.N. NO: AND DATE OF ENACTMENT
L.N. 79/67 23rd May, 1967
L.N. 80/67
24th May, 1967
TITLE AND SUBSTANCE
Emergency (Courts) Regulations 1967. Empowers all Courts to exclude the
public from the Courts and the
buildings in which the Courts are.
Provides for offences for being in closed Courts or buildings.
Validates the closure of Courts or
buildings made prior to the Regulations.
Emergency (Prevention of Inflammatory Speeches) Regulations 1967.
Police given wide powers of entry, search and seizure of inflammatory
matter.
Police given powers to render
equipment incapable of being used for the uttering of inflammatory
speeches.
Uttering inflammatory speeches made
an offence.
Use of buildings for uttering
inflammatory speeches made an offence on the part of the owner, occupier
and person in charge.
COMMENTS AND RECOMMENDATION
Consideration being given to enactment of permanent legislation for this
purpose.
The Regulations are widely drawn e.g. the definition of inflammatory
matter and the powers given to the Police were appropriate only during
the period when inflammatory speeches threatened the security of the
Colony.
Recommend revocation until such time as required again.
-/2 .
G.N. NO: AND DATE OF ENACTMENT
L.N. 80/67 (contd)
L.N. 83/67
1st June, 1967
L.N. 99/67
24th June, 1967
L.N. 100/67 24th June, 1967
L.N. 101/67
24th June, 1967
L.N. 107/67 14th July, 1967
TITLE AND SUBSTANCE
Offences created in respect of aidera and abetters, directors and
officers of company committing an offence, and for obstruction of Police
officers.
Emergency (Prevention of Inflammatory Posters) Regulations 1967.
These Regulations follow very closely those concerned with inflammatory
speeches.
Emergency (Closed Areas) Regulations 1967; and Orders in respect of the
following places :-
North Point Power Station
Huk Yuen Power Station
H.K. Tramways Ltd. Depot
Power given to the Governor to order any building or place a closed
area. Prohibition on any person entering or being in a closed area and
an offence created for this.
COMMENTS AND RECOMMENDATION
The same as for the previous Regulations.
Enabling
Regulations to be
KEN'
грать
?
can sher
enacted as permanent legislation. The actual Orders to be revoked until
the need arises again.
-13
✓
.3
+
G.N. NO: AND DATE OF ENACTMENT
L.N. 107/67 (contd)
L.N. 108/67
20th July, 1967
TITLE AND SUBSTANCE
Police given powers to remove persons
from closed areas
Emergency (Principal) Regulations (Commencement) Order bringing into
force the following Regulations :-
-
27. Creating an offence for publishing
and disseminating false reports.
41. Powers given to the Police for
entry, search and seizure of
weapons, explosive substances,
corrosive substances and anything
intended or adapted for use for an unlawful purpose.
88.1 Power in the Courts to hold triels
in camere.
92. Power for the Governor to order
shops and businesses to remain
open or to remain closed.
COMMENTS AND RECOMMENDATION
Retain as permanent legislation
in the Public Order Ordinance.
-
perhape soup-
Look as TXPT WWP every day!
Retain as permanent legislation in the Public
Order Ordinance.
Retain for the time being. Consider maeting in modified form as
permanent legislation.
Revoke for the time being.
Г.
ما
G.N. NO: AND DATE OF ENACTMENT
L.N. 108/67 (contd)
- 4 ·
TITLE AND SUBSTANCE
96. Members of the public required to identify themselves on demand to
any Police officer
or member of the Armed Forces
provision.
107. Power to disperse any assembly.
-
penalty
COMMENTS AND RECOMMENDATION
Revoke for the time being.
L.N. 109/67 21st July, 1967
113. Offence created of obstructing any Police
officer or member of the Armed Forces in
the course of his duty
127. Power to prohibit meetings and to disperse
those prohibited penalty provision.
C
129. Offence created of sabotaging any vehicle
etc. used in essential services.
Emergency (Public Health and Urban Services Ordinance) (Amendment)
Regulations 1967.
Amends the main Ordinance with respect to the provisions for the
disposal of dead bodies.
Revoke as already covered in Public Order / Ordinance.
Retain for the time being and consider enactment in permanent
legislation.
Revoke as already covered in Public Order
Ordinance.
Enact in permanent legislation,
?
Make substantive amendment to main Ordinance.
i.
L
5.
- 5
G.N. NO: AND DATE OF ENACTMENT
L.N. 111/67
22nd July, 1967.
TITLE AND SUBSTANCE
Emergency (Principal) (Amendment) Regulations 1967.
Apart from some miscellaneous amendment s the following new Regulations
were
enacted :-
100 A. Powers given to authorised officers
etc. to use such force as might be necessary in exercise of Emergency
powers.
100 B. Limitation on the amount of force
which may be used and an indemnity in respect thereof.
119 A. Offence created of being found on
premises in which there are any arms,
ammunition, offensive weapons, explosive or corrosive substances.
119 B. Offence created of being found on
premises to which entry had been denied to an authorised officer.
COMMENT AND RECOMMENDATION
Retain
Retain
Revoke for the time being.
Revoke for the time being
✓
T
-16.
G.N. NO: AND DATE OF ENACTMENT
L.N. 111/67 (contd)
6-
TITLE AND SUBSTANCE
COMMENT AND RECOMMENDATION
119 C. Offence created of being in
possession of a corrosive
substance.
Revoke for the time being.
permanent lgcilation.
L.N. 118/67 & 119/67
27th July, 1967
L.N, 1/20/67 and 121/67
7/20/671 Augusts
1st August, 1967.
Emergency (Principal) Regulations (Commencement) (No. 3.) Order, 1967
and Emergency (Committee of Review) Rules, 1967.
Brings into force the Regulations, conferring power on the Colonial
Secretary to order detention of a
person for a period up to one year;
and provides the rules for the
Committee of Review.
Emergency (Principal) (Amendment) (No. 2.) Regulations, 1967 and
Emergency (Principal) Regulations (Commencement) (No. 4.) Order, 1967.
Retain for the time being.
Retain for the time being.
\11.1,682
୮
-17
•
-7.
G.N. NO: AND DATE OF ENACTMENT
L.N. 120/67 and 121/67 (contd) ̄ ̄ ̄ ̄
L.N. 138/67
1st September, 1967
L.N. 141/67 & 142/67 5th September, 1967
TITLE AND SUBSTANCE
Increases the jurisdiction of the District Court in respect of those
Emergency Regulations which provide for a penalty in excess of five
years.
Emergency (Legal Aid in Criminal Cases) (District Court) Regulations,
1967.
Provides for legal aid in the District
Court in those cases where its
jurisdiction was increased by the last cited Emergency Regulations,
Emergency (Principal) (Amendment) (No.3.) Regulations 1967 and Emergency
(Principal) Regulations (Commencement) (No.5.) Order,
1967.
Created an offence of being in possession
of a simulated bomb.
COMMENT AND RECOMMENDATION
Retain so long as jurisdiction District Court remains increased.
грать
Retain for a very limited period.
scrap
G.N. NO: AND DATE OF ENACTMENT
L.N. 143/67
-8.
TITLE AND SUBSTANCE
COMMENT AND RECOMMENDATION
8th September, 1967
Emergency (Fireworks) Regulations 1967
Empowers authorised officers to seize
fireworks.
Retain in force until compensation exercise completed, and then amend
Dangerous Goods Ordinance.
Provides for compensation.
L.N. 165/67
24th October, 1967
Existing storage licences revoked.
Duty imposed to notify possession.
The existing exemption enabling possession
of fireworks not exceeding 50 lbs in weight
revoked.
Emergency (Amendment of Magistrates Ordinance) Amend Magistrates
Ordinance Regulations, 1967.
The list of offences which may be transferred
to the District Court i.e. made indictable,
ext ended.
-19
-9-
R
COMMENT AND RECOMMENDATION
G.N. NO: AND DATE OF ENACTMENT
L.N. 166/67 and 167/67 24th October, 1967
L.N. 168/67
23rd October, 1967
TITLE AND SUBSTANCE
Emergency (Principal) (Amendment)
(No. 4.) Regulations and (Commencement)
Sixth Order, 1967.
Regulation 88, brought into force earlier in the year amended to extend
the class of cases in which a Court may order that the proceedings be
held in camera.
The new Regulation 1364, previously enacted earlier in the year, amended
to extend the class of cases in which a District Court may impose a
ten-year instead of a five-year maximum sentence.
Emergency (Committee of Review) (Amendment) Rules 1967.
The Colonial Secretary required to furnish a detainee with any
information relating
to his detention.
Retain for the time being
consider
enacting in modified form as permanent
legislation.
Retain for the time being.
Retain for the time being.
-/10
A
G.N. NO: AND DATE OF ENACTMENT
L.N. 180/67
19th November, 1967
10.
TITLE AND SUBSTANCE
Emergency (General Holiday) Regulations 1967.
Created Monday, 20th November, 1967 a public holiday for the purposes of
closing the Banks as a result of devaluation.
COMMENTS AND RECOMMENDATION
Effect of this Regulation is spent.
12th January, 1968.
D
Extracted from GHM/3/67 of 12th January, 1968.
50.
Emergency Legislation (7)
DCS(SD) reported that S.G. would be Chairman of the working party and
recommended that D.S. should be represented. H.E. agreed.
Action D. S.
いざ
!
0000733
From
(9))
Ref.
in
Tel. No.
Date
CONFIDENTIAL
MEMO
To
Commissioner of .olicu
C1/C2/1/4
ull xt.: 9
Losi Topartuent
188