*
ford
Mr. Wilford
Mr
Mc Welford
CONFIDENTIAL
на даними Gam
Saving Despatial Управл
Can
how lisuc.
5
En 2413
I have discussed this with Mr. Carter and agreed with him that I would submit our views in the light of Sir A. Grattan-Bellew's
minute of 20 February.
2.
In general, there must be a limit to the process of embodying in the substantive law of the Colony provisions required only in time of an Emergency. The difficulty is to decide where to draw the line and on what grounds. Ignoring for the moment purely legal considerations, it strikes me, as a newcomer to the Department, that a situation could arise in Hong Kong in which the promulgation of Emergency Regulations would help to maintain public confidence rather than the reverse. The issue of Emergency Regulations would also demonstrate to troublemakers the determination of the Hong Kong Government to maintain law and order. There is the further general point that we do not wish presumably to give anybody any grounds for accusing us of creating a Police State in Hong Kong.
3.
Against that background and for the reasons set out below we feel unable to recommend complete acceptance of the views expressed in the Acting Governor's Saving Despatch No.1195 of 25 October, 1969.
(i) Although we did not withhold notification of non-
di sallowance of the original amending Ordinance we were extremely critical of it and we acquiesced in the proposed arrangements only on the understanding that further amending legislation would be enacted without delay.
(ii) We submit, with respect, that it ought to be relatively simple in the normal course of events for the forces of law and order to prepare for and deal with an isolated situation and one which will arise at a known time and on a known date (e. when judgment is being announced in Court). If this is not the case (i.e. the communists are mounting an organised campaign of interference with the courts) then it would seem to follow that the powers available under the Emergency Regulations Ordinance should be used
sooner rather than later.
CONFIDENT IAL
/ (iii) ..
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