CO129-592-21 Future policy- Emergency Power Proclamation 1-8-1945 - 31-8-1945 — Page 3

BRITISH MILITARY ADMINISTRATION, HONG KONG.

PROCLAMATION NO.

of 194.

M

AProclamation concerning the provisions of the Emergency Powers (Defence) Acts, 1959 and 1940, and the Orders in Council relating thereto, the Emergency Regulations Ordinance, 1922, and the regulations made under the said Acts and Ordinance.

WHEREAS by the Emergency Powers (Colonial Defence) Order in Council, 1939, certain provisions of the Emergency Powers (Defence) Act, 1939, (hereinafter referred to as "the principal Act") were, subject to certain adaptations and modifications, extended to certain territories including the Colony of Hong Kong and its dependencies (hereinafter referred to as "the Colony"):

AND WHEREAS the powers exercis eable under the principal Act were extended by the Emergency Powers (Defence) Act, 1940:

AND WHEREAS by the Emergency Powers (Colonial Defence) (Amendment) Order in Council, 1940, it was ordered that,

subject to the nereinbefore mentioned adaptations and modifica tions, the provisions of the principal Act should apply to the aforesaid territories, subject also to the further modification that the said provisions should have effect as amended by the Emergency Powers (Defence) Act, 1940, and the hereinbefore recited Order in Council be construed accordingly :

AND WHEREAS the Governor of Hong Kong (hereinafter referred to as "the Governor") by Regulations dated the 14t n March, 1941, authorised the collection and republication in convenient form of regulations made in the Colony under the powers conferred by any Act of Parliament or Order of His Majesty in Council relating to emergency powers or defence and of any orders, directions or other matters made or done under any such regulations :

AND WHEREAS a collection such as aforesaid of the regulations made under the said Acts up to and including the 28th February, 1941, was authorised by the Governor and compiled by Jonn Alexander Fraser, Esquire, M.C., and published in the Colony, but further regulations were made thereafter :

AND WHEREAS by the provisions of the Emergency Regulations Ordinance, 1922, the Governor in Council was empowered, on any occasion which he might consider to be an occasion of emergency or public danger, to make any regulations whatsoever which he might consider desirable in the public interest :

AND WHEREAS regulations have from time to time been made in exercise of the powers conferred by the said Ordinance :

AND WHEREAS it is deemed expedient to remove any doubts which may have arisen as to the continued effectiveness of validity of the said Acts, Orders in Council and Ordinance or the regulations made thereunder or otherwise in relation there- to and to provide for the discharge of the functions and exercise of the powers thereunder and the enforcement thereof :

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Page

Page

Short title

Declaration of force and effect of Acts &c.

Construction of Acts, Ordinances &c.

Functions of competent

ente

е

NOW, THEREFORE, IT IS HEREBY PRO CLAIMED as follows:-

1. This Proclamation may be cited as the Emergency Powers Proclamation, 194

•

2. For the avoidance of doubts it is hereby declared that the Emergency Powers (Defence) Acts, 1939 and 1940, the Emergency Powers (Colonial Defence) Order in Council, 1939, the Emergency Powers (Colonial Defence) (Amendment) Order in Council, 1940, the Emergency Regulations Ordinance, 1922, and all regulations made under the powers conferred by the said Acts, Orders in Council and Ordinance or any of them and also all orders, directions or other matters made or done under any such regulations, in so far as the same were in force on the 24th December, 1941, are and shall, during the period of military administration, continue in full force and effect in the Colony to all intents and purposes save only in so far as the same may have been or may be adapted or modified, amended, varied, rescinded, revoked or suspended by or may be inconsistent with the provis- ions of any Proclamation or otner enactment made by or under the authority of the military administration of the Colony.

3. The said Acts and Orders in Council, adapted and modified as nereinbefore recited, and the said Ordinance, regulations and other matters hereinbefore referred to shall, during the period of military administration, be read and construed as if the words "the Chief Civil Affairs Officer" were substituted for the words "the Governor" wherever the same occur therein and the Chief Civil Affairs Officer is hereby authorised and empowered to discharge all the functions of the Governor under the said Acts, Orders in Council, Ordinance and regulations and to do any act, perform any duty and exercise any authority, discretion, privilege or right which might be done, performed or exercised by the Governor thereunder.

4. The officers or persons who from time to time were autnorities and officers designated as the competent autnorities for the

Saving of other powers

purpose of the regulations made under the said Acts and Orders in Council and the officers or persons empowered to discharge functions under the regulations made under the said Ordinance being no longer avail- able for the discharge of their functions thereunder, such officers or persons as may from time to time be designated or appointed in that benalf by the Chief Civil Affairs Officer shall be the competent authorities or shall be empowered to dis charge the said functions, as the case may be, in lieu of auch first mentioned officers or persons, and in default of any such designation or appointment and unless express provision in that behalf is made by any Proclamation or ovner enactment of the military administration, the Deputy Chief Civil Affairs Officer shall be the competent authority and is nereby authorised and empowered to discharge all sucn functions.

5. The powers conferred by or under this Proclamation shall be in addition to and not in derogation of any other powers conferred by or assumed under any other Proclamation or enactment.

SIGNED at this.

in the Colony of Hong Kong day of

194.