CO129-429 - Public Offices & Others - 1915 — Page 274

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Officer Commanding any of the powers with

which Major General Kelly in his letter of

the 19th of October desired to be invested.

It will be remembered that the powers in

question had reference to the following

eight points:-

(i) Right of access to land or buildings

(ii) Search of person or property.

(iii) Clearing of areas.

(iv) Closing undesirable premises

(v) Arrest without warrant.

(vi) Restriction as to hours when people

may be out of their houses.

(vii) Restraint regarding the showing of lights

(viii) The forgery of or tampering with passes. 44 it appears to Mr Marcourt that, with the

possible exception of the power to arrest

without warrant, none of these powers are

conferred by the Army Act on the General

Officer Commanding with reference to camo

followers. With reference to the power to

arrest

50252/14

DRAFT.

arrest without warrant

am to observe

that this is a purely auxiliary power and

against curhaus could only be exercised in cases where

Airhaus

the civil populatis were held to be

subjected to the jurisdiction of the

Military Authorities by the Order in

The power to arrest woula,

therefore, be strictly limited by the

Council.

considerations set out above.

5.

Mir Harcourt is advised that,

although the Order in Council is

general in terms, its intention is

sufficiently clear to render a refer-

ence to the Law Officers of the Crown

Minkelwary

unjustifiable, and I am to pointout

that, since the fall of Tsingtao and the

internment of enemy subjects in Hong

Kong,any emergency which might have

justified local legislation on the lines

of the regulations under the Defence of

the

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