TNAG-2673-FCO40-3870-Hong-Kong-defence-issues-Internal-Security-Guide-(ISG)-1993 — Page 136

Making

CONFIDENTIAL

3

7

7.

Regulations under the Emergency Regulations Ordinance have to be made by the Governor in Council (Cap. 241, section 2(1)). The provisions of any such regulations, or of any order or rule made in pursuance of them, override the provisions of any enactments which are inconsistent with them (Cap. 241, section 2(4)). The effect of sections 2(1) and 2(4) of Cap. 241 is that the Governor in Council can make emergency regulations to cover any topic in any way whether or not that topic is already dealt with in existing legislation. Provisions inconsistent with such regulations have no effect while the remain in force so that, for example, a under an inconsistent provision cannot be

regulations

prosecution

brought.

Gazetting

8.

All

have to be absence of come into Gazetting.

instruments having

legislative effect

published in the Gazette and, in the a provision specifying some other date, operation at the beginning of the day of If for any reason the Gazette cannot be published, any person may be authorized by or on behalf of the Governor to print, type or write any legislative instrument or any other document of the Government. He is then a Government Printer and any document published under that authority may be called the Gazette or

a Special Gazette or Gazette Extraordinary.

THE EMERGENCY (PRINCIPAL) REGULATIONS

9.

The Emergency (Principal)

with the following matters :

Regulations deal

(a) censorship

and

the

control

of

publications

and

the

means

of

(b)

communication (Part II);

arrest, detention and deportation (Part III);

CONFIDENTIAL