CO129-614-5 Protected Places (Safety) Ordinance 1946- proposed revision 26-9-1946 - 15-1-1948 — Page 3

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Sir Alison Russell

Mr. Mayle

I have now had the advantage of discussing this,

Ordinance with Sir Alison Russell. In my opinion we

may signify non-disallowance but I have the following

observations to make;

Section 2:

"Protected place" is defined by reference

to Regulation No. 32 of the Defence Regulations, 1940.

I presume that Regulation No. 32 is still in force

otherwise the definition of "protected place" is

ineffective and will have to be amended. By Article

5 of B.M.A. Proclamation No. 30 (B.M.A. Gazette

Extraordinary of 1st April 1946) Regulation No. 52 was continued in force for 6 months after the cessation of

the B.M.A. unless continued in force beyond that date

by Order of the Governor. It is now more than 6 months

since the B.M. A. ceased on 1st May 1946 and I can

find no recora in the Gazette up to and including 18th

October 1946 of any order by the Governor extending the

life of this Regulation. I think we should ask

Hong Kong whether any such Oruer was made before the

end of October 1946.

Confincit Section 4(1)(b)(i):

:

/or wilending

32 above.

See my remarks on Regulation No.

Even ir Regulation No, 32 is still in

force it is desirable to amend this sub-paragraph,

since it is not possible with any certainty to say of

a person who is outside a protected place that, if he

were inside such place, the provisions of para. 3 of

Regulation 32 would apply to him. The intention

appears to be that it shall be the duty of an

authorized guard to arrest persons whom he finds in,

to

or in the immediate vicinity of, a protected place

and reasonably suspects of entering or attempting to

enter such place without proper authority, or of acting

illegally or otherwise without proper authority

within such place, and it would be best that the

Oruinance/