1949-HKRS30-8-39_Part05 — Page 22

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3. It is also to be noted that nearly all of the Regulations are enabling in nature .. they do not, of themselves, impose immediate duties or prohibitions. For this reason actual opera- tion of powers afforded by the Regulations will, even after they are brought into force, be dependent on the making of Orders or the exercise of discretions by the Governor or the respective authorities named in or appointed under the Regulations as and when necessity occurs and only to the extent that necessity requires.

4. The regulations have been divided into parts and placed under headings to assist reference and application of them but it has not been possible in all cases to adhere rigidly to this principle. A list, which is attached to this Note, should serve to assist authorities who have duties to perform under the Regulations and the general public. It suffices, for the purpose of this Note, to invite particular attention only to specific provisions of the Regulations, as follows

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PART 1-Introduction.

5. Regulation a contains definitions usually found in similar regulations. Attention, however, is drawn to the definitions of-

6.

"area" i

"Attorney General”;

"enemy";

"explosive substance";

"newspaper";

**pamphlet"';

"safeguard";

"supplies and services";

"unlawful publication".

PART 11-Censorship and Control of Publications

and means of Communication.

Regulation y empowers a competent authority to prohibit not only the importation or exportation, or the printing or publishing of any particular publication but also any publication of a particular kind or character. It is of interest to note that as regards a "periodical publication", the prohibition extends to future issues only unless the order prohibiting the same or å subsequent order states otherwise.

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7. Regulations 8 and 9 contain wide powers of examination of postal packets, telegrams, printed or written matter and packages.

8. Regulations 11 and 12 provide powers for censorship on travellers and the examination of consignments.

9.

Regulations 13 to 20 have been designed to provide for greater control (necessary in emergency) of newspapers, printers, publishers and owners of printing presses.

10. Regulations 25 to 27 contain provision designed to minimize breaches of the peace, and the dissemination of false reports.

11. Regulation 28 is designed to prevent the intimidation of witnesses.

PART III-Arrest, Detention, Exclusion and Deportation.

12. Regulations 29 to 41 provide measures in aid of internal security of the Colony. Regulation 31 gives the Colonial Secretary wide powers of detention, but provides a safeguard in that a person detained may object to a Committee of Review against the detention order made against him.

13. Regulation 33 empowers the Governor, in certain circum- stances, to order the inhabitants of certain arcas to be detained

and to leave and remain out of the Colony. The power of expulsion, however, cannot be exercised against a British sub- ject born in the Colony. Regulation 39 has been inserted to expedite disciplinary action against any public officer against whom an order under this Part has been made.

14. Regulation 37 vests the Commissioner of Police with powers to impose restrictions against persons in respect of various matters and things and by Regulation 38 he may by order direct that a person be placed under supervision for any period not exceeding one year.

PART IV-Control of harbours, ports and territorial

waters of the Colony etc.

15. Regulations 43 to 56 provide powers necessary in emer- gency in regard to harbours, ports and territorial waters. 1n particular Regulation 50 deals with the entry of as well as with the departure of ships and aircraft.