TNAG-0195-FCO40-231-Emergency-regulations-and-orders-1969 — Page 34

Mr. Carter

Reference......

Flag AR

In the light of Sir Arthur Galsworthy's minute of 17th March, I am re-casting in the following terms my minute to you of the 3rd March, which can be ignored.

2.

Flag (6

The attached Saving Despatch from Hong Kong and the attached letter from the Governor to Sir Arthur Galsworthy, together with their enclosures, set out the present position of emergency legislation in the Colony, together with the Governor's future intentions in this matter.

3.

I have re-hashed the information provided by the Governor in the form of the attached tables which show:

4.

(a) the extent to which those Emergency Regulations which have been in force in Hong Kong since before 1967, have been or are to be embodied in permanent legislation;

(b) the extent to which those Emergency Regulations brought into force during 1967 have been or are to be embodied in permanent legislation;

(c) the extent to which Emergency

Regulations are still in force in Hong Kong, whether they were brought into force before 1967 or during that year.

As regards (a), I do not think that this category of Emergency Legislation should present any problem. For one thing, there is very little of it; for another its content is not contentious, and in any event these Regulations have been in force for so long that they have virtually already become part of the scenery.

5. As regards (b), it will be noted that most of this legislation has been or is to be incorporated in the permanent law through the medium of either the Public Order Ordinance, 1967, or the Criminal Procedure (Amendment) (No.2) Ordinance, 1968. I doubt whether any of the Emergency Legislation, which is to be incorporated into the permanent law, other than in one or other of these two Ordinances, is likely to give rise to criticism.

6. As regards (c), it is clear that apart from the Emergency (Deportation and Detention) Regulations (which have in any event been in force for many years and which concern only aliens whose deportation has proved impracticable) the few Emergency Regulations still in force are all required in connexion with the remaining four detainees. As soon as those detainees have been released, all these remaining Regulations can be repealed, with the exception of Regulation 37 which will continue to be required as long as Police Supervision Orders are necessary.

The Public Order Ordinance, 1967 7. This Ordinance was enacted in November, 1967, after prolonged prior consultation with us. The Ordinance has been the subject of considerable criticism. Mr. Rankin, MP, tabled a petition in the House in December, 1967, seeking that the Ordinance should be disallowed. The Hong Kong branch of