CO129-592-3 Reports on current situation- legal 7-9-1945 - 7-11-1945 — Page 18

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HONG KONG (BRITISH MILITARY ADMINISTRATION)

GAZETTE PROCLAMATION. 【No.9)

LEGAL ADVISER'S REPORT

I forward for your approval the above-mentioned Proclamation.

The publication of a Hong Kong (British Military Administration) Gazette was agreed with the Commander-in- Chief in conference on 11th September, 1945.

You will note

(a) that publication in the Gazette is prima facie proof

of the making and contents of any enactment appoint- ment or official act of the British Military Administration (Article 1);

(b) that publication of the English version is to be

sufficient publication without prejudice w other forms of publication (Article 2);

(o) that the English version is to prevail (Article 3).

Artiole 1 is a useful provision, even if, as I understand, it has not been customary in this Colony to challenge the authenticity and validity of anything that appears in the Gazette.

The object of Article 2 is to permit publication in the press or by broadcast as well as or in lieu of Gazette publication. Although it is hoped to use the Gazette as the principal medium there may be occasions when it is impracticable, particularly if an undue strain is placed on the limited printing facilities now available.

It is my intention to publish a Chinese translation in some form or another of anything done by the British Military Administration; there may be minor exceptions, but the Chinese version will not be published in the monthly or periodical publication of the Gazette referred to in Article 4 of the Proclamation. In any event errors may creep into printing and they are more likely to creep into the Chinese version than the English version. Some such provision as Article 3 of the Proclamation is therefore clearly necessary.

I certify that the Proclamation is a proper measure to be enacted in the territory.

15th September, 1945.

G.G.S.

Colonel, C.A., Legal Branch.

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