CO537-4801 — Page 17

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Objects and Reasons.

In this Colony no legislation exists enabling a Register of persons to be kept or providing for individual identification. It is considered that in conditions of world wide political and economic unrest legislation enabling the registration of persons in the Colony and giving means for their identification should be enacted. The primary objective of such legislation would be to aid any measures which may, from time to time, be found necessary for the maintenance of law and order and for the distribution of supplies of food or other commodities.

2. This Bill seeks to meet such requirements. It provides (clause 4(1)) that every person being in the Colony on the coming into force of the Ordinance or entering the Colony thereafter shall make application for registration. The obligation so imposed is, as stated, applicable to all persons except that exemption from such obligation is given by clause 15 to the persons named in such clause, i.e. members of His Majesty's Forces in possession of identity cards, members of the Hong Kong Police Force, bona fide travellers in transit and in possession of a passport, and children under the age of 12 years. For the purpose of such registration the "Registration Commissioner" (as defined) is required by clause 6 to maintain a Register in which shall be entered the name and other particulars of an applicant (as defined). Upon completion of registration of any person, which is to be effected in manner specified by any Order made under clause 4(2) and prescribed by Rules under the Ordinance, the Registration Commissioner (clause 10) shall issue Identity Cards to all persons whose names and particulars have been entered on the Register. The Bill (clauses 7, 8 and 9) give powers necessary to the Registration Commissioner and Registration Officers (as defined) for the operation of the Ordinance. In particular, by clause 7 the requirement is made that applicants for registration shall submit to the recording of fingerprints and the taking of photographs.

3.

Clause 13 of the Bill gives to the Governor in Council powers to make rules for the purposes of the Ordinance therein mentioned. The Schedule to the Bill in fact sets out rules entitled the Registration of Persons Rules, 1949, which are deemed to be Rules made under such powers, prescribing the necessary forms and generally providing for the manner in which registration and issue of Identity Cards shall be effected. In particular, the rules provide that (subject to the provisions of any Order made under clause 4(2)) it will be possible for persons to make application for registration either through employers (as defined) or individually.

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As indicated, the Bill upon enactment will render compulsory the restration of all persons (other than persons exempted as above specified) and the issue to registered persons of Identity Cards. Such a requirement will necessarily entail considerable administrative work. For this reason and in order that personal inconvenience to persons obliged to register may be minimized, the Bill also provides (clause 4(2) ) that the Governor may direct that registration shall be effected progressively according to descrip- tion or categories of persons specified from time to time by Order of the Governor.

5. It has also been mentioned that the need for the legislation which this Bill upon enactment will provide is primarily related to the existence of conditions of unrest. For this reason provision has been added (clause 16) which allows for suspension of the operation of the Ordinance or for its revival, as and when required, upon appropriate resolution to that effect being passed by Legislative Council in either case.

J. B. GRIFFIN,

Attorney General.