CO129-595-7 Indemnity and Validating Ordinance- 1946- correspondence 18-5-1946 - 11-2-1947 — Page 2

C.I. ORDINANCE

No.1.-1946

1: Despatch

No 4 from Hong Kong

This Ordinance was

65217/6/3-where

18/5/46.

considered on

were

17/6/3- where amendments

discussed

and agreed upon at

-

(15) and para. 1 of (20) See also (19)

which is the draft ordinance for Malaya which amended to make

The only further

this H.K. Ordinance

the

amendment seems to be insertion of sect. 6- which is straight-forwar

b. B. Whyte 26.

New

para

Mr. Hastings.

You will remember that we recommended to the Civil Affairs Administration that certain draft ordinances should be prepared in order that they might be enacted immediately on the Governor's arrival and the restoration of Civil Government. The draft Ordinances proposed in this connection were

(a) An indemnity and validating Ordinance,

(b) An Ordinance continuing certain provisions

of the Military Procamation and

(c)

An Ordinance enabling the Military tribunals to continue to function to complete cases which were pending.

(See minute of 7.3.46 on file 55217/6/3 attached and 13 on that file.) The enclosures to (1) on this file and to (1) on 54330 and to (1) on 54331 all dated 1st May are Ordinances Nos. 1, 2 and 3 respectively referring to (a), (b) and (c) above.

In connection with Ordinance No. 1 (enclosure to (1) on this file) the Governor asks for instructions regarding the end of the war period for the purposes of this Ordinance. Would you very kindly advise what the reply should be to paragraph 3 of the Governor's despatch at (1).

The Governor also asks for instructions in paragraph 3 of the despatch at (1) about Ordinance No. 2 on 54330. He asks whether special provision should now be made by Ordinance to permit or assist the functioning of the Courts set up to deal with war crimes. I am surprised to learn from

Mr. Strickland's note behind this despatch that no provision was made by proclamation during the Military period for the courts set up to try war criminals. Mr. Bates should see and may wish to comment. Ordinance No. 3 provides for the trial of cases which were pending before the courts on

/the