CO129-614-5 Protected Places (Safety) Ordinance 1946- proposed revision 26-9-1946 - 15-1-1948 — Page 16

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

16

Mr. Spel

Spel

In the case of Singapore, we have not the same indications, as we have from the Governor of Hong Kong, that the situation has improved. Nor have we any such report in the case of the Malayan Union, where a similar measure was introduced at the beginning of this year. There are two further points to be taken into consideration

(1)

(2)

S

The powers granted by the Hong Kong Ordinance are much wider than those in the Singapore and Malayan Union Ordinances. For example, in Hong Kong an armed guard can challenge and fire at anybody whom he reasonably believes to be about to enter a protected place, or who is reasonably suspected of having recently left such a place.

If a Chinese subject is wounded or killed by an armed guard in exercise of powers under the Hong Kong Ordinance, it is more than likely that the Kuomintang will make political capital out of it.

As regards the suggestion at the end of Sir Thomas Lloyd's minute, personally, I feel that we ought not to contemplate, or to legislate for, in this way, a return of the exceptional state of lawlessness which first gave rise to the measure. I suggest that the proposal should be definitely subject to the Governor being of the opinion that there is a definite possibility of a recurrence, at some time in the future, of the state of affairs which lead to the enactment of the measure.

I have put up an alternative draft to the Governor, which will, perhaps, meet the case.

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