CONFIDENTIAL
2
3.
Parallel powers are contained in the Emergency Powers Orders in Council 1939 to 1973 (Laws of Hong Kong, Vol. 29, App. III, AF1). The Governor alone may make emergency regulations under these powers; he does not have to consult the Executive Council.
does, however, have to issue a bring the regulation-making power into operation, and he may do so only if satisfied that a public emergency exists.
proclamation
4.
made.
He
to
A body of emergency regulations has been
Some,
like the Emergency (Requisition) Regulations, are in force. The Emergency (Principal) Regulations, however, require to be brought into operation as and when needed. Precedents of emergency legislation dealing with a number of topics are referred to in,
and can be traced through, the Subject Index of the Drafting Handbook kept by the Legal Department.
5.
In addition to the emergency regulations made under the Emergency Regulations Ordinance, many provisions which may be used in emergencies are contained in existing Ordinances. These, too, are listed in the handbook. There is also a summary of powers available to the Security Forces under the Public Order Ordinance (Cap. 245) and other Ordinances in Part II of Chapter 4 of the ISG.
ACTIVATING AND MAKING EMERGENCY LEGISLATION
Activation
6.
The Emergency (Principal) Regulations have to be brought into operation, in their entirety or piecemeal, in accordance with Regulation 137 of those regulations. (Regulation 137 itself should first be brought into operation, although this has not been done in the past.) Part I (Regulation 2 (General interpretation), Regulation 3 (Competent authority) and Regulation 4 (Authorized officers)) must also be brought into operation.
Thereafter competent authorities must be appointed.
CONFIDENTIAL
Page 135Page 136
155
No comments yet.
Private notes are available after approval.