CO129-614-5 Protected Places (Safety) Ordinance 1946- proposed revision 26-9-1946 - 15-1-1948 — Page 6

I submit

6

a draft despatch for consideration

D. B. Whyte 13/0

12/11

Passage in draft marked X

I do not think

Mast

INRELLO

Inat

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Mr Roberts- Wray's marginal swith on the second page

quay minole of 7.11.46 ought to challenge before firing

uncler

S. 5 (d)

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5.5 (d).

5.5 (a), (b) or (

The circumstances envisaged in quilé clifferent from those in and I cannot say that there would be any point in providing for.

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challenge.

Jenspelvie

14/4/46.

I agree with Mr. McPetri. I think that it would be unreasonable to expect the guard to challenge before firing at any person forming part of a group of three or more persons engaged in throwing stones or other articles at him which he had reason to believe might cause him grievous bodily harm. It would also, I think, defeat the object of these special measures.

I have made some amendments in the draft despatch and had it recopied and have added a further draft open despatch signifying non-disallowance.

H.

marke

14.11.46.

Subject to local acceptance of the live talen in me of..

The somewhat similar proposal in respect of Singapore was accepted without question by the late Secretary of State see minutes of the 13th and 14th of June on 51239/46. The Hong Kong Ordinance goes a little further than the Singapore legislation in that it does not provide quite so many safeguards, but the draft despatch draws attention to the more important of such omissions.

Also, Sir F. Gimson himself suggested an initial limitation of the Singapore legislation to a period of three months. Sir M. Young has made no such suggestion but the draft despatch asks him to review the necessity for the continuation of the Ordinance in six months from the date of its enactment - i.e. in March next and then to furnish the Secretary of State with a report. there will be little substantial difference between the arrangements adplex proposed in Singapore and those proposed for

Hong Kong, and on this basis the legislation for the latter can, I submit, properly be allowed to remain in force.

Drafts submitted.

The

Tk. Lind

15.11.46.