TNAG-2673-FCO40-3870-Hong-Kong-defence-issues-Internal-Security-Guide-(ISG)-1993 — Page 134

M

CONFIDENTIAL

INTRODUCTION

PART I

EMERGENCY LEGISLATION

7

Security

emergency

emergency,

enactment

The Attorney General and the Secretary for are jointly responsible for reviewing legislation on the outbreak of an and for initiating such action on the or bringing into force of such legislation as may be required. An Emergency Legislation Drafting Handbook is maintained by the Law Draftsman and copies are held in the Attorney General's Chambers and the Government Secretariat Emergency Coordination Centre.

BACKGROUND

2.

The power to make any required emergency legislation is contained in the Emergency Regulations Ordinance (Cap. 241), section 2(1) of which provides that:

"On any occasion which the

It is making

Governor in Council may consider

to be an occasion of emergency or public danger he may make

regulations whatsoever which he may consider desirable in the public interest."

any

not necessary to declare an emergency before emergency legislation. Nor is it necessary to recite in the legislation that the Council considers there to be an

emergency

or

public

Governor in occasion of

danger.

CONFIDENTIAL