083/4845. (A.G.5.)
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2.
طمية
714
premises, still any refusal to obey orders to submit to search would be an offence against the Army Act and the offender could be arrested. This, however, it is
recognised, gives no direct right of search.
4. As there appears to be some difference of
opinion regarding the interpretation of the Order in
Council it would seem that the only satisfactory solution would be to submit the papers to the Law Officers for their
decision should Mr. Secretary Harcourt think such a course
desirable.
5. The Council are however of opinion that the
state of affairs brought about by the terms of this Order in Council is not wholly satisfactory and they consider
that the relationship between the Civil and Military
Authorities requires to be more clearly defined. The
placing of civilians under the Army Act as Camp followers
is not the most effective method of obtaining the desired
ends and it is suggested that legislation somewhat similar
to the Defence of the Realm Regulations, modified to meet
local conditions, would be in every way more suitable.
6. In making this suggestion the Council desire
me to point out that the proposals of the Governor of
Hong Kong, as contained in his letter to Mr. Harcourt
of the 7th November, are somewhat at variance with the
principles adopted in the United Kingdom where the Military
Authorities have by the Defence of the Realm Act been
granted the power of search, arrest, removal of undesirables
etc.
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7. I am desired to say that during time of War in localities where special legislation of this nature
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