CO129-614-5 Protected Places (Safety) Ordinance 1946- proposed revision 26-9-1946 - 15-1-1948 — Page 58

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Section 2

Note on Hong Kong Ordinance No.16 of 1946.

"Protected place" is defined by reference to Regulation No. 32+ of the Defence Regulations 1940 but

I think it is doubtful whether Regulation No.32 is

still in' force.

Proclamation No. 23+ until 31 st March 1946 and then by

Proclamation No. 30+ until 6 months after the cessation

of the Military Administration unless further extended

by Order of the Governor. The Military Administration

ceased on 1st May 1946; Ordinance No. 2 of 1946+

It was continued in force by

incorporated Proclamation No. 30 in the law of the

Colony but did not extend the life of Regulation No.32

beyond the period provided for by that Proclamation.

Regulation No. 32 would therefore expire on 31 st

October 1946 unless continued in force beyond that date

by Order of the Governor. I can fina no record in the

Hong Kong Government Gazette, up to and including the

Gazette of 18th October 1946, of any such Order by the

Governor and if in fact the Governor made no such

Order before 1st November 1946 I am of the opinion

that Regulation No. 32, although still in force on

20th September 1946 when this Ordinance was assented

to, has now, together with any declarations made

under it, ceased to be in force and cannot be revived

by any Order made under the Emergency Laws

(Transitional Provisions) (Colonies etc.) Order 1946*.

If this is so the result is that the definition of

"protected place" in S. 2 is now ineffective and a new

and effective definition must be substituted by an

amendment of the Ordinance. Probably the best course

is to insert in the Ordinance a provision empowering

the Governor to declare premises to be protected

places for the purposes of the Ordinance and then to

define "protected place" as any premises so declared

by the Governor.

Section

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