Do you require provision stating which charge to be preferred when circumstances constitute offence against both proclamation and ordinary law.
Consider that words
Opium Proclamation. should be inserted restricting importation of opium to stocks required for medicinal purposes.
Three.
(Ava Senth) sowelland Pookin
0- 25/8
Custodian Proclamation. Ko comments
Fou
(Deaf Seith Strut he had bin &
Substitute
Enemy Property Proclamation. There is no Short title. Article obe' hoading. quote Modification unquote for quote Notification unquote.
Article 1 (b).
The exception may be difficult
The axception may
to construe. For quote enemy agent substitute quote agent of an enemy unquote.
Article 4 line 10. Insert quote the unquote before quote Custodian unquote.
Article 8. Ampower C.C.A.0. to prescribe penalties for breaches of regulations.
Arms and Ammunition Proclamation.
:
No comments.
Horar
Pawke le
dawy sand by Haghencon Thy 10 Paskin
KAFANA ITI (Sec:
と
Five.
Six.
23/8
k
Page
Page
Mr. Paskin
I enclose herewith two copies of
A. The Custodian Proclamation
B. The Enemy Property Proclamation
94
2. The Prod amations have been submitted to and approved by Colonel Bacon.
3. General policy, which is laid down in the Custodian of Property Directive has been dis- cussed with Mr. Harris who has been asked to confirm certain points arising on the Directive.
4.
It has been thought better to have two Proclamations rather than one for the following
reasons:
1
A. Custody of Property other than the property of enemies is required almost entirely for purposes of salvage and of preserving property till the owners can return or appoint a qualified represent- ative. It is outside the ordinary law and this type of custody will probably cease at a comparatively early date.
B. Custody of Enemy Poperty on the other hand was achieved in Hong Kong before the War under the Trading with the Enemy Ordnance. This Ordinance can be applied with modifications, and it is considered advisable to do this rather than legislate afresh. Moreover this type of custody will have to continue until the final dis- position of the assets held is decided, which, presumably, will not be till the Peace Treaty.
C.
The respective policies there- fore are not the same and it is thought desirable to emphasise this by having separate Proclamations, although the same officer will að- minister.
5. I'm afraid time does not permit me to give detailed explanations of the various articles, but the general plan has been to keep each Proclamation on simple lines, while taking power to amplify by Regulations made by the C.C.A.0. Moreover the powers have been made je rus sive rather than mandatory because treatment of the various types is not, as a matter of policy, intended to be uniform. It is proposed, how- ever, either by Reguation or by Directive to ensure that in fact the Custodian carries out the Directives which the Chief Civil Affairs Officer has received or may from time to time receive.
6. I have looked at five or six different proclamations on the same subject matter and attempted to cull what was desirable from each. I would much appreciate any comments or suggestions.
17.