54384/41/48
HONG KONG
NO
33
CONFLUENTIAL.
COLONIAL OFFICE,
CHURCH MOUSE,
GREAT SMITH STREET,
LONDON, S. 1.
GOVERNOR,
SIR ALEXAN
etc.,
7
February, 1949
82
sir,
I have the honour to acknowledge receipt of your despatch No. 275 of the 13th November,1948, with which you submitted for the signification of His Majesty's pleasure an Ordinance to facilitate the maintenance of public order and safety (ilong Kong Ordinance No. 59 of 1948) and to inform you that ills Kajesty will not be advised to exercise his power of disallowance in respect of this Ordinance.
2. I observe that sections 9, 10, 11 and 12 specifically authorise the use of firearms for securing compliance with orders made under these sections. I am advised that, if there were not such specific reference to firearms in these sections, the sections would appear authorise their use if really necessary; the inclusion of the words in parenthesis seems almost an invitation to use firearms. In the present circumstances of tiong Kong, however, I do not suggest that these sections should now be amended, since such a step might be interpreted as an indication of weakness and might be damaging to public morale, but I should be glad if the matter could be reviewed when more settled conditions are restored and if in the mearwhile you would consider the issue of administrative instauctions to the police (if this has not already been done) as to the circumstances in which these powers may be invoked in practice.
3. The reason for the "se of the phrase "as may appear to such person to be necessary" in section 10(2), whereas the phrase "an may be necessary" is used in sections 9(2), 11(2) and 12(2) is not apparent. I am advised that the difference is vital. Under sections 9, 11 and 12 it would be for the Court to decide, in legal :roceedings, whether, in the circumstances, the use of firearms was necessary. Under section 10, a person accused of using firearms unnecesarily and charged, e.g. with manslaughter, would only have to my that it appeared to him necessary to fire and that would be an end of the matter. I should be glad if th Ordinance could be suitably amended on this point.
I have the honour, to be,
sir,
Your most obedient,
humble servant,
ised A Creech Jones.
GRANTIAM, K.C.M.G..
etc.,
etc.
Page
Page
(2/48) [16] Wt. 19126/754 50m. 7/48 C.N.Ld. 748
Ky
78.
54384/41/48.
CD R. 5-F D.
0.
Mr.
Mr.
Wallace 21, Sim K. Robats-Way 3/2 Mr. Sidebortion 4/2 fo.
Mr.
Mr...
Permt. U.S. of S.
Parly. U.S. S.
Minister of State
Secretary of State
7 FEB 1949
Your Reference.
DRAFT.
DESPATCH. 33
sir,
GOVERNOR
HONG KONG
(1)
CONFIDENTIAL
FURTHER ACTION.
See (1) on '49.
I have, etc., to acknowledge
receipt of your despatch No. 275 of the
13th November 1948, with which you
submitted for the signification of
His Majesty's pleasure an Ordinance to
facilitate the maintenance of public
order and safety (Hong Kong Ordinance
No. 59 of 1948) and to inform you that
His Majesty The King will not be advised
to exercise his power of disallowance
in respect of this Ordinance.
2. I observe that ections 9, 10,
11 and 12 specifically authorise the
use of firearms for securing compliance
with Ørders made under these fections.
I am advised that, if there were not such
specific reference to firearms in the se
sections, the sections would appear to
rally autborise their use if necessary; the
inclusion of the words in parenthesis
seems almost an invitation to use fire-
arms. In the present circumstances of
Hong Kong, however, I do not suggest that
these sections should now be amended,
since such a step might be interpreted
age 9
as
age 9
Page
Page
دا
an indication of weakness and might be
damaging to public morale, but I should be
glad if the matter could be reviewed when
more settled conditions are restored and if
in the meanwhile you would consider the
issue of administrative instructions to the
police (if this has not already been done) as
to the circumstances in which these powers may
be invoked in practice.
3. The reason for the use of the phrase
"as may appear to such person to be necessary"
in Section 10(2), whereas the phrase "as may
be necessary" is used in fections 9(2), 11(2)
and 12(2) is not apparent. I am advised that
the difference is vital. Under Sections 9, 11
and 12 the Count QAA whether, in the
circumstances, the use of firearms was necessary. Under fection 10, a person accused of using
firearms unnecessarily and charged, e.g. with
manslaughter, would only have to say that it
appeared to him necessary to fire and that would
be an end of the matter. I should be glad if
coul
the Ordinance could be suitably amended on this
point.
it would h
for the Count to creach, in
legal proceeding,
I have, etc.
ised) A Creech Jones.
age 10
age 10Page 11
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