other three Sections marks in somewhat pointed
fashion the relaxation in the degree of
care required in the other three cases
and it appears to me may well lead to
recklessness,
4. In view however of recent events
in China and resulting psychological
repercussions in Hong Kong I realise that
to amend Section 10 now might have a bad
effect on public morale and I therefore
wish to press withdraw the request for such amendment
ear
do no
made in my despatch No. 33 of the 7th February.
I nevertheless trust that the earliest when
presents itself.
suitable opportunity will be taken of
wil I amended amending the Ordinance/ on this point.
I have, etc.
any.
subput further comment Jou may
math in
wish to
amplifications of
Jou des patar uncha mpe,
пря
Z
00
Page
Page
No 45.
(47/3231/48S)
CONFIDENTIAL.
Answi125
ch
GOVERNMENT HOUSE,
HONG KONG.
16 March, 1949.
Sir,
I have the honour to refer to your confidential
(2) 48 despatch No. 33 of 7th February, 1949, concerning the Public
on
Order Ordinance, 1948.
2.
I note that you do not in present circumstances press for the deletion of the reference to firearms in Sections 9,10,11 and 12 of the Ordinance. In accordance with your request, this matter will be reviewed when more settled condi- tions are restored. In the meantime it does not appear to be necessary to issue special instructions to the Police on the subject of the use of firearms. Instructions already exist regarding the use of arms in normal circumstances, and any special instructions regarding their use under the sections in question will be given when an order is made by me making any or all of the sections operative, because such instructions must necessarily depend upon conditions at the time when the powers are invoked.
3.
I regret that the reason for the distinction referred to in your third paragraph was not made clear. The reason for this distinction is that it is felt that greater immunity should be afforded to an Officer of Police, or member of His Majesty's Forces taking action in a "closed area" (Section 10 of the Ordinance) than in the case of the erforce- ment of curfew ( Section 9), the enforcement of evacuation (Section 11) or the prohibition of movement (Section 12).
In a case of breach of curfew or of an order to evacuate, or of an order prohibiting movement, an Officer of Police or member of
.. Forces will ordinarily have time to reflect and could reasonably be required to justify his action in use of firearms; but in the case of incursion into a closed area, the danger may well be of an immediate and serious nature demanding immediate recourse to the use of firearms. In these circumstances it is felt that greater immunity for the use of firearms should be afforded. I should be grateful if the foregoing explanation may receive consideration. In the meanwhile I am deferring action to secure amendment of the Ordinance as suggested.
I
the honour to be,
Sir,
Your most obedient, humble servant,
Mahantham.
COVE
THE RIGHT ONOURABLE
A. CREECH JONES, M.P.
P
age 9
age 9
9
P
1949
54324/41
1
P
Dana 10
10
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