CO129-432 - Governor Sir May - 1916 [3-5] — Page 272

6746 Leer

Report

on an ordinance intituled an Ordinance to prevent the use of false passports, and to confer on the Governor-in-Council power to order the internment of certain suspected persons.

Section 1 is formal.

268

Section 2 is founded on Regulation No.46 of the Defence of the

Realm (Consolidation) Regulations, 1914, as amended by the order-in-

Council of the 23rd March, 1915. A retrospective effect was given

in the case of that part of the section which relates to the possession

of false passporte, as it was thought, taugh with some hesitation, that

such was the effect of the amendment of the above regulation made by

the order-in-Council of the 23rd March, 1915,

Section 3 was introduced on the authority of the telegram of the

10th January, 1916, from the Right Honourable the Secretary of State

for the Colonies. That telegram was in reply to a despatch of His

Excellency the Governor dated the 3rd November, 1915, and the section

to a great extent follows the wording of paragraph 5 of that despatch.

In two points it goes beyond the letter of the despatch, though not,

it was considered beyond ite spirit, having regard to the particular

cases to which it referred, one point is that the section gives the

Governor-in-Council power to take into consideration the behaviour of

the suspected person outside the Colony. The other is that it gives

the Governor-in-Council power to act where the suspicion is that the

person in question is acting or is about to act in a manner prejudicial

to the public safety of some part of His Majesty's Dominions outside

the Colony. The former of the two cases referred to in the despatch

Sall mentioned above could not have been dealt under a power which was

It was strictly confined to behaviour and acts within the Colony.

realised that objection might be taken to action on behaviour of ́acts

outside the Colony, on the ground that legislation on such points is ultra vires the Hongkong legislature, and that it would be desirable to rely on behaviour and acts within the Colony whenever possible. It was also realised that the powers are very drastic and unusual and wil

have to be exercised with extreme care.

Section 4 is a formal saving clause.

*

In my opinion this is an Ordinance to which His Excellency the Governor may properly consent in the name of His majesty and on His

יד-" —w arr