CO129-604-6 Immigration- control over entry from China 1-1-1947 - 4-1-1950 — Page 125

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THE HONG KONG GOVERNMENT GAZETTE.

No. B. 45.

Short title.

Ordinance No. 5 of 1922,

Amendment

of para- graph (n)

of sub-

section (2),

of section 2 of the

principal

Ordinance.

Repeal and

A BILL

INTITULED

An Ordinance further to amend the Emergency Regulations

Ordinance, 1922.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof:

1. This Ordinance may be cited as the Emergency Regu- lations (Amendment) (No. 2) Ordinance, 1949, and shall be read as one with the Emergency Regulations Ordinance, 1922, hereinafter referred to as the principal Ordinance.

2. Paragraph (n) of sub-section (2) of section 2 of the principal Ordinance is hereby amended by adding the words "or against any law in force in the Colony" after the word "regulations" in the second line thereof.

3. Section 3 of the principal Ordinance is hereby repealed

replacement and replaced by the following section :-

of section 3

of the

principal

Ordinance.

"Penalties.

3. (1) Without prejudice to the powers con- ferred by section 2, regulations made hereunder may provide for the punishment of any offence (whether such offence is a contravention of the regulations or an offence under any law applicable to the Colony) with such penalties and sanctions (including the penalty of death), and may contain such provisions in relation to forfeiture disposal and retention of any article connected in any way with such offence and as to revocation or cancellation of any licence, permit, pass or authority issued under the regulations or under any other enactment as to the Governor in Council may appear to be necessary or expedient to secure the enforcement of any regulation or law or to be otherwise in the public interest.

(2) Every person who contravenes any regu- lation made under this Ordinance shall, where no other penalty or punishment is provided by such regulations, be liable upon summary conviction by

SUPPLEMENT No. 3, AUGUST 19, 1949.

a magistrate to imprisonment for any term not ex- ceeding two years and to a fine not exceeding five thousand dollars.

(3) Notwithstanding the provisions of sub- section (1) if any regulation made under this Ordin- ance provides either-

(a) that a contravention of such regu- lation shall be punished with death; or

(b) that an offence, not punishable with death under the law in force immediately prior to the making of such regulation, shall be punishable with death, or uses words to a similar effect;

such provision shall be subject to the approval of Legislative Council and if approved shall come into operation on such date as may be specified by resolution of Legislative Council.”

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4. For the purpose of removing doubts it is hereby declared Declaratory that the words in sub-section (1) of section 2 "he may make any as to effect

provision regulations whatsoever which he may consider desirable in the of principal public interest" shall be deemed always to have included power Ordinance. to make such regulations as are mentioned in paragraph (g) of sub-section (2) of section 2 and it is further declared that the provisions of sub-section (4) of section 2 shall be deemed always to have been incorporated in the principal Ordinance.

I.

Objects and Reasons

In any emergency it will or may be necessary-

(a) to make regulations on numerous matters and to enforce them strictly; and

(b) to enforce with or without modifications regulations made in the past under the Emergency Regulations Ordinance, 1922,

2. It is envisaged that in certain eventualities breach of certain regulations may have to be punished with death and that special provisions may have to be made for expediting and simplifying trial and for dispensing with juries except in capital cases.