TNAG-0195-FCO40-231-Emergency-regulations-and-orders-1969 — Page 42

Mr. Carter

Reference..

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Flag A Flaq 36

and subsidiary

einer Gency

meores

maule thereunder

Theres

and other miner emergency measures made under Cap. 241

Repealed on 28.3.69

Repeated on 21.369..

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.

2.

The attached correspondence goes into some detail and differentiates between emergency legislation which has been in force in Hong Kong since as long ago as 1950, and the more recent legislation which was introduced in 1967 as a result of the disturbances which occurred during that year.

For the purposes of this summary, however, I have disregarded that differentiation and simply show those Emergency (Principal) Regulations which are still in force, together with the Governor's intentions in respect of them.

3.

The following Emergency (Principal) Regulations are still in force and will need to continue in force until such time as it proves possible to release the four remaining detainees:

Regulation No. 29 (paragraph 1 only) the

power to arrest and detain suspected person

Regulation 30 the power to arrest persons

suspected of being liable to detention;

Regulation 31 power to order detention;

Regulation 40 power to detain persons for

enquiry;

The Emergency (Committee of Review) Rules and

Amendment Rules, 1967.

When the remaining detainees are released, the application of the above legislation will be dis- continued and the legislation will be enacted as part of the Emergency (Principal) Regulations which will be inactive but ready for the next emergency.

4.

The following Emergency (Principal) Regulations are still in force but will be repealed as soon as they have been incorporated (in some cases in a less stringent form) into permanent legislation:

Regulation 25 - creates the offence of

displaying placards and other material which incites to violence;

Regulations 50 and 51 power to control the entry and departure of ships and aircraft and to detain ships, aircraft, vehicles and personnel on board;

Regulation 96 power to require members of

the public to identify themselves to Police Officers and military personnel;

Regulation 113

obstruction;

Regulation 119C possession of corrosive

substances;