TNAG-0195-FCO40-231-Emergency-regulations-and-orders-1969 — Page 62

0003230

G.F. 323

CR 6/3231/59 IV

Second Stage

CONFIDENTIAL

Review of Emergency Legislation.

Emergency (Principal) Regulations in Force

Since Before 1967.

Decisions have already been taken on the disposal or continuation of various items of Emergency Legislation brought into force in 1967 and these have been endorsed by the Executive Council at its meeting on 4th February. It now remains to come to a similar conclusion on the 31 Emergency (Principal) Regulations which have been in force since before 1967; a list of these is attached. The great majority of these

have in fact been in force since 1950.

2.

The Committee, under the Solicitor General's chairmanship, which was appointed to review Emergency Legislation has now furnished its recommendations on this second category of Emergency Legislation, as follows :-

(1)

(2)

(3)

(4)

Regulations 50 and 51. These give powers to control the entry and departure of ships and aircraft, and to detain ships, aircraft and vehicles as well as the persons on board. Regulation 51 will be used in the event of a foreign military aircraft landing in Hong Kong. Similar powers have since been provided in the Public Order Ordinance (Cap. 241), Section 34 of which allows for the control and employment of vessels and aircraft; and Section 35 of which authorises the Governor to detain vessels and aircraft if it is in the, interests of public order to do so. The Committee recommends that orders should now be made under Section 35 of the Public Order Ordinance authorising the detention of any C. P. G. or Taiwanese military aircraft that may land without authority in Hong Kong; Regulations 50 and 51 should then be repealed.

Regulation 25. This makes it an offence to display placards and other material which incite to violence. The Committee recommends that an equivalent provision should be made in permanent legislation and Regulation 25 then repealed.

Regulation 37. This empowers the C. P. to make an order excluding any person from particular areas of the Colony, or requiring him to report his movements, etc. A Police Supervisio Order has been made in respect of one detainee under this Regulation and it should therefore remain in force until it is felt that such orders are not likely to be necessary.

Regulation 40. This is an ancillary power to the detention powers conferred in Regulations 29 an 31. The Committee recommends that it should remain in force as long as they do, and be discontinued with them in due course.

CONFIDENTIAL

/ (5) ..

6/4/1