HONG KONG LEGISLATIVE COUNCIL
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The other main objective of this Bill, and it is provided for in clause 4 is this: by section 2 of the principal Ordinance the Governor in Council is given power to make any regulations whatsoever which he may consider desirable in the public interest. In fact, regulations have been made from time to time since 1922 and such regulations necessarily have over-ridden or been inconsistent with other law. Now, Sir, the purpose of clause 4 of the Bill is to resolve any possible doubt there may be that where regulations are made under the Emer- gency Regulations Ordinance, 1922 they may, as they must necessarily do, they may over-ride or be inconsistent with other law in the Colony.
THE COLONIAL SECRETARY seconded, and the Bill was read a First time.
Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:-
In any emergency it will or may be necessary—
1.
(a) to make regulations on numerous matters and to enforce them strictly; and
(b) to enforce with or without modifications regulations made in the past under the Emergency Regulations Ordinance, 1922.
2. It is envisaged that in certain eventualities breach of certain regulations may have to be punished with death and that special provisions may have to be made for expediting and simplifying trial and for dispensing with juries except in capital cases.
3. The object of this Bill is to amend the Emergency Regulations Ordinance, 1922, so as to clarify—
4.
(a) that the death penalty and other sanctions may be
imposed (clause 3); and
(b) that it has always been the law that such emergency
regulations could over-ride the ordinary law (clause 4).
The opportunity has been taken to impose the control of Legislative Council over regulations providing for the death penalty. (See sub-section (3) of the new section 3 proposed by clause 3 of the Bill). The opportunity has also been taken to amplify paragraph (n) of sub-section (2) of section 2 (See clause 2) so as to provide that by regulations provision may be made for the apprehension, trial and punishment of persons offending against other law as well as against emergency regulations.
SUPPLEMENTARY APPROPRIATION FOR 1947-48 BILL, 1949.
THE FINANCIAL SECRETARY moved the Second reading of a Bill intituled 'An Ordinance to authorize the appropriation of a supplementary sum of thirty-four million six hundred and fifty-four thousand two hundred and fifty-one dollars to defray the charges of the financial year ending 31st March, 1948."
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