1941-01-21 — Page 15

NANCY

OH, BOY!-A DOLLAR

JUST FOR

MINDING HIM!

YES...BUT ONLY IF HE KEEPS HIS NEW

SUIT CLEAN/

Tuesday,

HONGKONG TELEGRAPH

January 21, 1941.

By Ernie Bushmiller

ONE HOUR LATER..

THREE HOURS LATER.

FOUR HOURS LATER...

WELL. HE'S STILL SPOTLESS

HE BEHAVED

VERY WELL!

YEP..

LET'S GIVE HIM A

LI'L TREAT ON D'

WAY HOME!?

72525252525

Jel. 28151.

WINTER SALE

L-NOW PROCEEDING_

BARGAINS IN THE JEWELLERY SECTION

a

41

EVACUATION TEST CASE:

(Continued from Page 2.)

that in

CASE:

of a

DKC-4

-ORNIE BUSHMILA, LE JA

TEXT OF JUDGMENT

TEXT

and others liberty of the subject. They did 802 X.. 649 to E, H. Jones Machine Wrenbury, however, appears to

01:

The

the 4321

the

to net. Honest mistakea might called upon to say how the war that the regulation, must be renson-house in a special area' and in which

ably capable of securing the public ja munition worker is living." a competent authority prohibiting the easily be made and if they were should be carried on.

The Judgments of the learned I have considered as carefully as safety and the defence of the realm. plaint from entering or residing in honestly made the consequences met

There is considerable, authority in Judges who constituted the Divisional defined area in Britain in which be borne as one of the consequences I can of the reported cases in which area lay his home and his business, of a lamentable war, and Serulton Defence of the Realm Regulations or decisions of Judges of this Division Court have been so much referred to

have Regulations

been and the Court of Appeal that there in argument that I feel I must cite They are Rex v. Denison ex parte L. 3. characteristically, said the courts Defence. Nagute (1918), 85 LJ.K.D. 1744, and were always anxious to protect the challenged as ultra vires, from in the may be such a limitation on the from them freely. Darling 3. said: Ronnfeldt

Petition of Right (1015) pawers of the King in Counell. Lord "It is objected that the regulation is v. Phillips

think

bad because it forbids any person, (1010) 35 T.L.R. 16.

both in the interests of the subject 3 In neither of these cases was the and in the interests of the State. In Tools Limited v Farrell and Muir that provided the honesty of the without the consent of the Minister of

toptantive taken

Munitions, to

to take or cause to be validity of the regulation under time of war there must be some smith (Times Newspaper 3rd August, authority to which

any proceedings to recover which action purported to be taken modifications in the interests of the 1940) and from that examination power is delegated is not

of bis own house, and the regulation is intended to be possealun challenged. In the earlier case it State. It had been said that a war certain principles clearly appear.

Act, or to

tenant elect

from it. of could not be conducted wan hek!

the absence of!

There is presumption in favour made for the purposes of the Act. of principles the Seimo evidence that the military authority

of reasonableness and honesty, and there is no other limit on the power where the tenant is employed in certain work connected with war case the honesty of did not honestly suspect the person Mount. It might also be said that air this

the to issue regulations under the Act. It must This view seems to agree with the material. I found my Judgment on to whom the order was directed the war could not be carried on accrd-Executive is not challenged. It court wild not interfere to protecting to the principles of Magna Carta. not be assumed that the powers con- passage from Lord Farker's judge the passage in ftex. Halliday stich person, and that it could not

ferred

upon the Executive by Statutement in The Zamora (1915) 8 A.C. where Lord Finlay says that Parlia Executive's Wide Powers

adopt in 1977 at page 107.): "Those who are ment may entrust great powers to will be abused. enquire whether the ground upon which

the military authorities |

J responsible for the national security Majesty in Council, feeling cer entirely the Very wide powers had been given

the statement of Greer

sonably suspected such person were reason to the Executive to act on suspicion (as he then was) in Hudson's Bay must be the sole judges of what the talu that such powers will be reu- und, further, on exercised; these words Lord

of Atkinson in the able

in matters affecting the interests of Co. v. MacLay (1920) 30 T.L.R. 109 national security requires." In the latter case Bankes L. J. said the State. The

Judges And Security

by some ense: "it

follows, no ineng responsibility for 475 ani 470.

Limits Assigned no doubt the appellant feit very giving these powers resied not with!

"What are the boundaries or limits As applied to the present case however, that if on the face acutely the position in which he had the Judges but with the representa-

regulation it

fr enjoined to be done which been placed by the arder. It was ver of the people in Parliament. of his legislative territory, thus these words construed strictly, seem something to be

the King in Council not in any reasonable not dimrisit to eloquent about The power was given not to the assigned to the King in Council? (1) to mean that

wax

way public suffered by hardships

a man who Judges but to the naval and milltary They must continue only during the is entrusted with the duty of making securing the safety and

(2) regulations for the national security defence of the realm it would not be had been

was upon them and continuance of the present war. prevented for all this time authorities and

enter into the from entering the locality where his not

the upon

Judges that

ultra vires und vold. It is not neces- the They must be exereised honestly with the Judges camol

the regulations business was, but these

onssary to decide this precise point on not responsibility for the exercise of that the intention of securing the public question whether were ordinary times. In a time of grave power rested. Looking at the words safety and defence of the realm (see issued for that purpose have or have the present occasion, but I desire to national peril it was necessary that of the regulation it was plain that the Lord Wrenbury in Rex v. Halliday not any tendency to promote the hold myself free to deal with it when the competent military authorities authorities had very wide power, and 1917 A.C. 260). It is argued that public safety and defence of the it arise should be clothed with wide powers he protested against the Judges' being there is a third Imitation, namely realm.

-

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.

think, however, that is stating the powers granted to the King in Coun-

of 3 required

ald in

could

the

Securing Public Safety

Here I think it does at last arise;

to

In

(2

it.

el rather more widely than the and 1 ask myself whether it is statute Justifies. I do not think thatcessary, or even a reasonable, way valid merely because to aid in securing the publle safety regulation It is issued by the King in Council and the deferice of the realm to give eune of the regulations under the person to Minister to forbid any Institute any proceedings 1914. But Defence of the Realin Act Fit 30 recover possession of a house so I doubt whether the further

long as a worker is living

a war tion is quite correctly stated in the The main question to be decided is form in which it was put in argument whether the occupant is a

a workman In my judgment u regulations employed; and the regulation might which, upon the face of it, could not have been so framed as to make this possibly ald in stearing the public good answer to the application for Fafety or the defence of the realm possession, still

question leaving that be outside the legislative ter-to be decided by a court would

of law. ritory assigned by the Act to the But the regulation as framed forbids King in Council. Lord Atkinson in the owner of the property nécess to Rex v. Halliday suggests, without del legal tribunals in regard to this elding, some such Imitation.

He matter. This might, of course, legal- mays at page 272 "Two conditions are, ty be done by Act of Parliament; but however, imposed. First, regulations think this extreme disability can can only be issued during the war be inflicted only by direct enactment and, second, whatever they purport of the to do must be done for the purpose grave an invasion of

the Legislature itself, and that so the rights of of securing the public safety and the all subjects was not intended by the defence of the realm. It by no Legislature to be accomplished by a means follows, however, that if on dep

on departmental order. It to be ob the face of regulation enfoined or served that this regulation not only required something to be done which deprives the subject of his ordinary could not in any reasonable way aid right to seek justice in the Courts In securing the pubile safety and the of Law, but provides that merely defence of the realm it would not be to resort there without

the per- ultra vires-and-vold. It is not necer-mission-of-the-Minister Muni- sary to decide this precise point on tions first hud and obtained, shall the

present occasion."

of itself be a summary offence, and 50 render the secker

after

Limitation of Powers

In my judgment some such limita- Justice liable to imprisonment and tion of the powers as suggested by ne. I allow that in stress of war we Lord Allinson dues properly arise may rightly be obliged, as we should be ready, to forgo much of our out of the description of the delegated powers ns powers to make regulations Fiery, but I hold that this elemental for securing the public safety and the right of the subjects of the British defence of the realm. If a regulation from them.".

Crown cannot be thus easily taken

Is such that it cannot, on the face of it, conceivably aid in scettring the

re

not

Original Purpose

safety of the public and the defence Avory J. puts the position thus: The purpose in view when the of the realm, it is not, in

in my opinion, within the legislative powers which regulation was mude, namely, to are conferred during the war on His prevent the disturbance of munition workers in their dwellings, may, Majesty in Counell. The third limi- without doubt, be sald to be reason- tation may be stated as follows: Re-able; and a regulation designed to gulations which, on the face of them, prevent such disturbance, providing show that they cannot afford any that no order for ejertinent should be assistance in securing the public made except under conditions safely and the defence of the realm prescribed, would probably be held

within the powers conferred

To be intra vires the statute; but the by the legislature on the King in objection which is made to the regu- Council."

lation as it stands is that it deprives The real foundation

Mr the King's subjects of their right of d'Almada's argument on behalf of the access to the Courts of Justice and plaintiff is Chester v. Bateson 1020 renders them able to punishment if 1 K.B. 829. The regulation in ques- they have the

ask for temerity to tion in the case provided that "no justice in any of the King's Courts, person shall without the consent of In my opinion there is not to be found the Minister of Munitions take any in the statute anything to authorise proceeding for the purpose of obtain-For justify a regulation having that ing an order or decree for the re-result; and nothing less than express covery of possession of, or for the TURN to Back Pago, Column 3 ejectment of a tenant of, any dwelling

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The House of Quality & Service

R. A GRAND CONCERT A.

will be held on

23rd January, 1941 Commencing at 2.30 p.m.

in the

LECTURE ROOM,

STONECUTTERS

(By the Courtesy of the managing director.

Shoum's Circus)

ADMISSION 50 CENTS

In aid of the S.C.M. Post War Fund BRITISH TROOPS ONLY

Stage director-Mr J. W.. Dickinson,

PRESIDENT LINER

Sailings

TO SAN FRANCISCO AND LOS ANGELES Via Shanghai, Kobe, Yokohama & Honolulu.

SS "President Claveland"

SS "President Coolidge"

·

SS "President Pierce"

To NEW YORK AND BOSTON

FEB.

FEB. 22

MAR. &

5

Via Manila, Singapore, Penang, Colombo, Bombay & Capetow,

SS. "President Monroe" SS "President Grant" SS "President Jackson"

FED.

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MAR, 23 MAR. 23

TO MANILA

SS President Cleveland" SS "President Coolidge" SS "President Pierce"

20

JAN. FEB. 13 FEB. 20

·* * AMERICAN ⋆ *

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Tol. 26379..

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