1948-10-21 — Page 3

Page

THE CHINA MAIL, THURSDAY, OCTOBER 21,-1040, ́

Opposition To Emergency Powers Raised

Sir Man-Kam Lo Places Motion Before Council

Opposition to the Government's continued exercise of emergency, powers, except in matters of emergency or danger to the Colony, was raised by Sir Man-kam Lo in a motion before the Legislative Council yesterday.

The motion stated that where any emergency powers had to be retained by the Government, they should be replaced by legislation. "I am not asking that the emergency powers should be repealed, or that they should not be exer- cised in regard to matters which are of omer- gency to the Empire or of imminent danger to the Colony.. If this-were not so, I am the first to admit that this motion would not com- mond, itself to Council in view of the world situation which 'unhappily exists," he said. This motion concerns itsel! "The Court held that it had no only with matters of day to day power to review the order in that affairs in the Colony. Take case by reason of what I stated the question of price control, ourlier," Mr. d'Almada continued,

"for

not which reason it did I believe there is a Price Con-examine the evidence or decided trul Committee, But what are

whether a case had in fact been

Ordinance Becomes Law

The Ordinancé giving affoot to the agreement nepotiklad between H.M. Government and the Chinese Government, on behalf of the Hong Kang Government and the Chinese. Maritime Customs, passed Into law yesterday.

The Ordinance, which gives effect to, the Hong Kong. China Anti-Smuggling Agree mant, was first before Coun- all■ fortnight ago.

Gir Man-kam Lo said he volced his own sentiments and those of his unoMcial colleagues when he said he heartily supported the mea- sure which was designed to help Chine.

its powers and functions we do ¦ muite nut, “ not know. What rights (if | "That the evidence in favour any) which an aggrieved per- of the case made out by the plain- son may have by way of appeal tiff was cogent; there can be no 404

facts. of two from a decision of the Price doubt by reason

plenti, and

in.

ler.

R

+

**********

stages

and

coh-

not too

. • to prevent profiteering, arbitrary or exceptional powers jare short or unrellable and there was no necessity for such altogether if it could, and para-flationary tendencies exist, it is control now when there ware doxically enough thin doeira tenda esschtia), to retain power to con- ample suppiles of goods and, in to send to the powers being control prices.

"It is not possible to estimate some cases, an actual glut. The Unded in regulation form grecke.

considered that how long there will be a faw of supply and demand could by because it now be safely allowed to operate. the controls will not be required inuing necerally for these can- "Importers are put to antong enough to justify permanent trols, but they are kept under constant, roview and within their enormous amount of trouble in legislation.

the Price Controller "To found a personal note, this framework the greatest freelom Rupplying with details of all their inward tends even more to be the caso possible is given to commerce, and shipments, and of course quite a when there is shortage of staff it may well be that price contral

Incessant demand for will be relaxed in the an large proportion of such goods

Import and Ex- never reach the retaller but are legislation of a permanent char-distant futura.

port restrictions could, if certain exported to other markets," Mr. acter.

50 Ordinances.

ancllaty poWETE 'WETD' conferred. Cassidy bald,

be dealt with under the Imports- Risk Involved

"As you know, Bir, we have on airt Exportation Ordinante, already enacted this year In the case of luxuries, Mr. Ordinaces apart from

501918, This will be further con- today's oldered. Cassidy continued, and particula-business and the total will prob- "The honourable mover of the ly with seasonal goods, there is ably be up to before the end motion has naked what the fut risk of having to carry stocks for of the year.

tions of the Price Contral some months, a contingency which

"I can nevertheless offer some Advisory Board are. The Com the Pride Controller seems tu comfort. A Bill to deal with the mittee is a purely advisory body, ignora. It 1 futile for him and fishing and marketing schemes as indeed appears from G.N, No. his staff spending their time has already been drafted by my 30 of 1947 under which it was sel working out celling prices for department and la being now

unless luxury lines, for

thesa considered by interested depart up and it is difficult to see how

It could be anything else. prices show an ample margin they incnts before being presented to person aggrieved by the decisions are likely to be ignored.

Government,

of the competent authority has plio, in his ordinary remedy by petillon.

Mr. Cassidy next referred to the ban on export of various com. modities.

"My department has

consultation with other heads of Controls Necessary

department, been considering the

"I refer in particular to the ban on export of steci, the effect of certain defence regulations or in. dities, it is still considered neces which is to stop perfectly rea-corporating them in

fence

the ben.

there la

mora

forms-of-economia control.

for

sub-

E

".

possibility of dispensing with "Apart from_contré] of comny- persary in the public interest to re- tain power to control charges for sonable trade in certain items of manent legislation;

"Let us take Finance frstrervices. I can assure Council metal goods of which more than sumcient to meet the Hong-Kong is a member of the that any exercise of those powerr sterling area and must fulfil the will bo proceded by consultation requirements of the Colony.

pers with the bodies supplying then The

of obligation imposed on members Chamber Chinese

In view of the variety of mat. the sterling area if she is to Commerce, on behalf of

the of

areters involved these powers ate Melal Dealers Association, and in accorded to such members, have the privileges which

An not, in my view, suitable for in- conjunction with the General

the matter exchange control must therefore corporation in permanent legit- Chamber, has taken First, the evidence was laid by dissatisfied person or party can do up with the S.T. & 1. Department he maintained here and must be iation. Even if they were I doubt

run in accordance with the wishes whether they would differ Controller we do not know.

without getting any reasonable

of the central authorities of the stantially from existing power, Then take the case of the re-two responsible counsels for the nothing about it.

"I believe it to be eminently answer. secondly.

"The Hon, Sir Man-Korn Lo has the case

The powers sterling: area, "In the meantime, some cent arder prescribing Hotel rates was the subject matter of questions desirable that, unless conditions

firyh

exercising such control are con commented on the control of hote! Here I hasten to declare that as the House of Commons and de- demand it absolutely, recourse to have been holding on for month ferred by the Defence Finance rates As this matter has been

referred the Chairman of Directors of the

by Government to Independent to on bated in the House where con- the judiciary, Hong Kong and Shanghai Hotelsiderable dissatisfaction was ex-body which for centuries has been quotas for import into China Regulations, 1940.

of certain lines required there, "Up to fairly recently powers Commitice, 1 prefer to make no Limited I am an interested party pressed at the order of the Minis- the best guardian of the liberties and can do nothing about it be of exchange control in the United comment excent to say that it is Perhaps I should confess to p

and rights al the individual, cause of

Yet these Kingdom were exercised under the declared policy of my depart- further interest.

No Check

should not be denied to the sub-particular lines are of no use to similar, Defence, Regulations butment in the case of offences com- Alleged False Return

Jeet," Mr. d'Almada stated, the Colony because they are he these regulations were recently mitted by earporate bodies not le "The result then, is, that the "Arcording to the press reports

"I do not wish it to be thought law the grade insisted upon for repealed, and replaced by per launch proceedings against dree- zeni of a competent

manent legislation In the form of or unless there are indication for one moment that I am against local use," he said. of Police Court enge in which excessive

been that they have

personnily authority, or

so-called come

continued. the management of this Hotel was

Mr. Cassidy concluded by sugan Exchange Control Act. For the Colony's economy and the grating that if the motion was similar action being taken here: there is no such indication in the mummoned by the Compelent Au-petent authority, is not liable to controls as such," he

"I see no serious objection to Involved. (I hasten to pay tha that check which is 50 necessary welfare of the community it may carried Government should in- thority under kome emergency |1800 powers for having given some nt where powers are vested in an well be that control in different troduce legislation to invest the it is merely a question of whether case of the honourable mover of

individual who, to use the words Jeged false or inaccurate return, a na

Committee with the powers are to be taken under this motion.)

"Whatever the decision may Defence Regulations summons was to be issunt against of a distinguished Judge, may be "pheres must continue for many Port Executive

the various powers which at pre-

or under ultimately be in the matter of

In any all the Directors of the Hotel someone whose name you do not years to come.

permanent legislation. "But let us have a return to rent are derived from the De-event the application of these re- hotel rates, dovernment cannot desk in a Company for this alleged offence, know, silting at

powers granted by legislative and

Rations.

In the

event

the question of "But quile undeterred by this Government office, who is very constitutional methods, subject to of an

the Committee gulations has not been criticle but regard threa! which my Honourable apt to be a despot it free from

scrutiny by the. of

Courts, rather would be required to act swiftly, by the honourable mover of this shortage of accommodation as one the Courts of

motion and I assume that he does which necessitates the retention friends may perhaps be relieved the interference

than continue to exercise those and the Committee, having proved not suggest there is any great and indeed the strengthening of to hear has not materialised." Sir dusties.

powers under an Act and Order its worth since the liberation, urgency in this, sphere.

the power of requisitioning, TO Man-kam Lo added, "I am bound

this the answer may be

in-Council which have practically should be fully empowered to

"Let us now turn to other though it may well bo that in to say that the arbitrary way in made that if such a person were emasculated judicial control," Mr. continue its good work.

view of the troubled conditions which the Competent Authority to act unreasonably or otherwise d'Almada sald.

elsewhere, and the likelihood that Government Reply Supply Still Short exercised his powers in the mat-abuse his powers, representations

the shortage will continue that Criticism Voiced ter of Hotel rutes has shown the would meet with the appointment

The Acting Attomey General, "Many commodities are still inconsideration should now be given Criticism of controls was also Mr. G. E. Strickland, replying for short supply, some being under to the dosirability of dealing with grave risk to the public of un-of a Committee of inquiry to re- Irammelled executive authority, port on the mattor in question. valeed by Mr. N. O. C. Marsit who the Government, cald

international or regional control, this matter by Ordinance, and the urgent and imperative "But here again. however said that in normal tmies applica- "The motion as I understand it such as rice, olls and fats, tir "It must not, however, be over

powers la re-does not mean that Government International control imposes ceflooked that many existing De.. need of having Emergency Powers eficient and wisely chosen the ton of arbitrary In regard to day to day affairs of Committee; the objection is the seated by the public and destroys thould not exercise any Emor- tion obligations in relation

including tofonce Regulations, the Colony replaced by tegislative same--that from the decision or publle confidene of finance and ment should shed itself of those policy, while the need to secure on the 31st of this month unless

confidence.

Rency Powers but that Govern Import, Export and consumption power to requisition, will expire measures which can be upenly recommendation of such an ad hoc

The debated and in which appropriate body there is no appeal, and a is for too delicate to Emergency Powers which are an equitable Internal distribution, they are kept in force.

be meddled with by any depart-longer required and should so tar by · direct, rationing or by any process of revision and Incorpora- safeguards can be introduced."

suitable method, entails on in mental authority that may not as practicable incorporate in perether

Ordinances cannot be Елегкопсу legislation understand and respect the con-manont

in completed before then and it these commodities, tinulty of the threads which have powers which it considers it allcontrols on all transactions

will accordingly be “Again, certain scarce como formally to keep those regulations taken centuries to weave into the requires so that the question of

for the purpose of present

comparative prosperity the necessity of such powers and dities are only made available by in fores

the safegunach against their the producing territories on cer-supplies and services and to of the Colony," Mr. Marsh said.

Government to nhuse may be considered by this tain-conditions, which may make exercise, as I have indicated, some He urged the

controls on importa, of the powers to retained unti take action to encourage initiative Council,

hasten to say that if I have

ibution

or re-export (for the process of revision and Incur- (By re the motion, it has not only the the United Kingdom for the conn-vision I to not ment General tion of a war," Mr. d'Almada said,power on the Court to order application of arbitrary emer

sympathy but the agreement of ing of food only); failure to Im-Law Revision but revision of "however convenient ndivisable the deportation of aliens passen po

powers to non-emergency Government. Government displement these conditions would Defence Regulations).

likes emergency powers which result in supplies being cut off] Thote qualifications are not, in Hong Kong during the test year ed its first reading in Legisla-conditions.

P. S. Cassidy, member re

"There are also somo essential my view, inconsistent have not been conferred by this

with the or two after the liberation, they tive Council yesterday.

the Hong Kong General Council just as much, it net mord. presenting The Acting Attorney General, Chamber of Commerce, said the than the public, because sikh milk und steel, which while not welcomed by

commodities, such surely cannot be said to be neces-

as preserved spirit of the motion, which

Government..and pary for the efficient prosecution Mr. E. Strickland, said the motion was long overdue. powers imply that the Govern subject to international control, which, I feel sure, will bring to of the peace, which is the object amendment conferred power on Wartime conditions had come mental machine cannot operate are in short supply and must be the notice of all concerned the of present-day controls.

the Supreme Court and magis-

dis to an end, and powers granted normally.

subjected to export control If desirability of returning at the Free Of Supervision

order the deportation of

I would, however, be doing adequate supplies are to be re- carliest possible moment to nor aliens who had been convicted of under the Defence Regulations

as justice neither to the honourable served for local requirements, mal peacetime conditions," he an offence and who had not been should be withdrawn as fac

Again, while essential suppiles concluded, circumstances,

to Government it. I did not cla period of one year

the commission of the offence.

con borate precisely. how. Government l'ersons of

tinuance of price control-one of stands in the matter of Kaner« this

A where the set ought to be done tocking into the colony, in in the offsprings of emergency rogency Powers, under such powers is either ultra

gulations Mr. Cassidy said while "First and foremost, Government vires or not bona fide cat the creasing numbors, and it was con-

rather dipense. With assistance of the Courts be effec-sidored that the judiciary and the control was necessary in the early would

Seconding the motion, Mr. Leo d'Almeda said the only justifien- tion for emergency powers was in cases where ordinary legislative process would be to turdy,

อา

Sublic expediency could not call for the exercise of such powera except in an emergency.

"Essential though such powers may be for the efficient prosecu-

for the conditions prevailing in

"The danger of such

powers

Deportation Ordinance Reading

An

trates

Ordinance

wing

conferring the rise and not to hinder correctly interpreted the spirit of example, tinplate is supplied by póration is completed.

and

of progress

by

the

Ties in that they are practically the Colony, for a consecutive Dossible, and resorted to only in momber moving this motion nor]

before the haline

free

of judicial supervision. A long line of decisions since World War I has made it clear that only

tively invoked.

in

type

had been

magistrates should not be confined

So long as the to recommending deportation but

powers are not exceeded in this should have power to order it

sense, there is no limit to what

may be done in their name.

"A classical illustration of this

LOOK LOVELIER IN IS MINUTES

An Innovation of. the Bill, smid

This power, at present, vested

In the Governor in Council.

is furnished by a case which went Mr. Strickland, was to alter the

18 the Court of Appeal in 1943.

a frash

present practice wherende; against

In that case the plaintiff at. deportalion fampted to impugn an order of the Minister of Euct and Power, and in the course of the action Jaid the evidence which-here I

so the words of Lord Green who in other colonies. delivered the judgment of the Court of Appeal:

a deportee who had unlawfully returned, instead of enforcing the original order which is the more usual practice of deportation,

The Choct

was said to show

that there wero not

APPROVAL GIVEN

up for

adequato Legislative Council gave it grounds upon which the Minister approval to the Supplementary could issue the order, as required | Appropriation Ordinance. 1040 tx the regulations that the.casa, yesterday when it was speaks for itself, and that either second and third reading. the Minister was anisled..by - in- accurate information or that the falled to make enquiries before The made thin order,'

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