Flag D
4.
Footnotes to these tables indicate to what extent emergency legislation not to be embodied in permanent law will remain in forco. The few items concerned fall into two categories :-
(1)
the Emergency (Deportation and Detention) Regulations which have been in force since 1956 and for which there is a continuing need to deal with the problem of aliens whose deportation is impracticable;
(11) Regulations 29-31, conferring powors of detention, and the ancillary provision of Regulation 37 (Police Supervision Orders) and Regulation 40 (power to detain persons for enquiry) which will be discontinued after the release of the remaining detainees (this month) and the lifting of the Police Supervision Orders imposed on
them.
We are moving steadily therefore towards the position of dispensing with the whole corpus of emergency legislation, with the solitary exception of the Regulations at (1) above.
5.
To turn now to the emergency legislation embodied or to be embodied in the permanent law and taking Table (A) first, i.e., emergency legislation in force prior to 1967 :-
Regulation 25 provides that any person who posts or distributos any placard, circular or other document containing any incitement to violence or counselling disobedience to the law or to any lawful order or likely to lead to any breach of the poace shall be guilty of an offence. No parallel in U.K. or Colonial permanent legislation is known. It is an offence at common law to incito a person to commit a crime; it is considered therefore that no reasonable objection can be raised to a provision relating to placards, etc., which incite to violence or are likely to lead to a breach of the peace, Legal advisers feel less sure about the provision extending to placards, etc., which counsel disobedience to the law or to any lawful order, But as we know from experionco, attempts to disaffect the police and to persuade the public to defy
/ the law.**
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