TNAG-0080-FCO40-116-Public-Order-legislation-1967 — Page 201

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

2600027

C.S. 20A

From the Governor, Hong Kong

To the Secretary of State for the Colonies

Repeated to:—

peated to:—

Late......

My Reference....

5.

SAVINGRAM

Your Reference....

No.

1516

No.

No.

- 5

(s) The provisions in clause 45 of the first draft (clause

46 of the present draft) relating to the use of firearms have been omitted. The Commissioner of Police has objected to these provisions which, although merely declaratory of the common law, may, he has urged, inhibit platoon commanders on the spot and subsequently provide scope for vexatious litigation. In the circumstances, I have agreed to their omission in view of the fact that this does not alter the law.

(t) Clause 50 (clause 49 of the first draft) has been revised. With respect to members of the Auxiliary Police Force, the clause now provides that they shall have the powers etc. of a police officer of equivalent rank when they are called out. With respect to members of the Royal Hong Kong Defence Force, the clause provides that when called out they shall have power of arrest only, unless the Governor otherwise directs. No powers etc. are now conferred on members of the Essential Services Corps. With respect to members of H. M. Forces, the clause provides that they shall have the powers etc. of a police officer (this means the powers etc. common to all police officers regardless of rank) when acting in aid of the civil power. The clause also provides that commissioned officers shall have certain other powers (to deal with meetings and to enter premises 11 and 49).

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clauses

I shall be most grateful for your early comments.

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