-
44.
#:
4:22A
H&52
HONGKONG SEPT 28
TWO BRITISH SOLDIERS,
DRIVEP JACK LAWTON, 22, OF LAWNHEAD, STAFF OPDSHIPE, AND DEIVER NORMAN
HARDMAN, 20, OF KEIGHLEY, YORKSHIRE, WERF TODAY COMMITTED FOR TRIAL ON A
CHARGE OF HOLDING UP A CHINESE TAXI DRIVER WHEN ARMED WITH A STEN GUN ON
AUGUST 4.
LAWTON WAS ALSO COMMITTED FOR TRIAL ON A CHARGE OF STEALING A STEN GUN
AND 35 ROUNDS OF AMMUNITION FROM A POYAL ARMY SERVICE CORPS CAMP IN THE
HONGKONG NEW TERRITORIES.
Ram Hut $88/0s por
MORE FD..124P
1
SOLDIERS 2 HONGKONG
THE TAXI DRIVEF, TANG MAN SANG, TOLD KOWLOON POLICE COURT THE SOLDIERS
OFDERED HIM TO DRIVE HIS TAY! OFF A MAIN ROAD AT NIGHT. HARDMAN HELD THE
GUN IN A PARCEL UNDER HIS ARMPIT.
LAWTON STFUCK HIM ON THE NECK, TANG MAN SANG CONTINUED. THE
SOLDIERS TIED HIM UP WITH A TORN TOWEL, TOOK 35 HONGKONG DOLLARS CABOUT
TWO POUNDS STEPLING) AND HIS WRIST WATCH AND PUSHED HIM INTO A CREEK.
THE SOLDIERS, WHO ARE BOTH ATTACHED TO THE EIGHTH COMPANY, ROYAL ARMY
SERVICE CORPS, DID NOT GIVE EVIDENCE.
THEY WILL BE ASKED TO PLEAD WHEN THEIR TRIAL BEGINS AT THE
NEXT HONGKONG CRIMINAL SESSIONS.
REUTEP FD 1306
45
DRAFT
Mr....
Mr.....
Littler 1879
Mr......
Harris
488/85/01
FILE No. AKP £38,
TELEGRAM/
The word Priority may, if necessary, be entered here.
Addressed to :-
волочном Hong
Kong
Repeated to :--
Number.
Savingrams only.
Your reference
Serial No.
46
Time and date
hours
195..
Sir
Permt. U.S. of S.
Medium :-
Urgency classification :-
Security, classification :-
Parly U.S. of S.
Nil
Unclassified
En cláir or
Minister of State
Secretary of State
Code
Cypher
Reply urgently required Priority
Immediate
(26)
Distribution :-
Emergency
Restricted Confidential
Secret Top Secret Guard
My Savingram No 1019 of 30m
Emergency Regulation 116A.
My para 2. Grateful for early notification if you intend further
extension.
зона дина
Juna 1953
Further action :-
W: 27143-5503 2,500 pads 10:50 G.5.St.
dear.
4328
Colonial Secretariat file No. 25/5251/50
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date
251E
September, 1953
No.
1371
+
SECRET
RECEIVED
30 SEP 1953
SOCIAL SERVICES
REGIST
CHIFF
30 SEP 1953
COLOMA OFFICE
26
June.
25
Your Secret savingran No. 1019 of 30th
Emergency Regulation 116
Figures given in my savingram No. 856 of 10th June should be
brought up to date by the deletion of the last column headed "January -
April 1953" in sections A and B and the substitution therefor of the
following :-
A-Crimes involving arms
Murder (involving firearms)
Armed robberies and attempts
Armed highway robberies
Armed robberies in British waters
Possession of arms (or explosives)
Other crimes involving arms (or
explosives)
B - Ratio of Armed and Unarmed Robberies
Armed
Unarmed
2.
January - August 1955
1
17
8
1
70
January
I
26
$5
August 1953
E
One Chinese male has been convicted and sentenced
to death under Emergency Regulation 116A, the sentence having been
carried out, during the period April - August 1953. One Police Constable
and a bystander were wounded by firearms in another incident, but the
man arrested was found not guilty at his trial.
5.
been seized:-
During the same period, the following arms have
4.
Revolvers
Automatics
Rifles/Carbines
Machine Guns
15
19
14
1
In my opinion, the above figures support the view 25 expressed in my
savingram No. 836 that there is a real need for the
continuance in force of this Regulation, and that it has a demonstrable
deterrent effect.
DRAFT
FILE No...
TELEGRAM/*
HKP
488/85701
*SAVINGRAM
* The word Priority may, if necessary, be entered here.
Sided Man 15 g Repeated to: -
Addressed to:-
Mr.
.... Attam's 14/10
Mr.
Mr.
Mr.
Sir
F.LI
---------------ITËTTE
abo
Grovemar
Hồng Kông.
Number.
936
Permt. U.S. of S.
Medium:
Parly U.S. of S.
En clair or
Minister of Ste-
Secretary of State
Code
Cypher
Distribution:
BEA
1 @ OCT 1953
{} } -
2.
Urgency classification:-
Nil
Reply urgently required Priority
Inkmediate
Emergency
(28)
Your
Savingsam
I
No. 1371.
Savingrams only.
Your reference
Serial No.
42
супва отр
Time and date
10 30
16.40
- d
hours
195.
Security classification: -
Unclassified
Restricted Confidential Secret Top Secret Guard
six
approve the continuance in force of Emergency Regulation 116A for a
further period of months from 19th October 1953 .
Leer.
Further a 'ion: -
NOT COPIED
(11576) Wt. 14981/6292 2,500 pads 7/53 C &Co. 745(8)
Golenial Secretariat file No. 2/3011/46
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
t
Date 25 September, 1955
No.
+
1378
41
Carly
With reference to Mr. Creech Jones' circular savingram of
18th July, 1946, on the subject of emergenoy legislation, and in
accordance with the request in the last paragraph, I repert below the
general position for the six months' period from 1st March, 1953, to
31st August, 1955.
2.
The only Emergency Regulations enacted under the Emergency Regulations
Ordinance (Cap. 241) during the period under review are the Emergency
(Tavortation and Emortation Ordinance) (Amendment) Regulations. 1955
(G.N.A. 99/55), designed to remedy without delay certain defects which
had been discovered in the operation of the Importation and Exportation
Ordinance (Cap. 50) and to make more effective the measures necessary to
combat the ingenuity of persons minded to evade the restrictions imposed
upon imports into and exports from the Colony. In particular :-
(a)
(b)
(*)
power is given for the cancellation of import and export permits (but
with safeguards to the trader) and the fraudulent transfer of such
permits is made an offence (reg. 4);
the law relating to detention, search, seizure and forfeiture is
modified (regs. 7, 8 and 10) the modified provisions being largely
modelled upon the Customs and Excise Act, 1952. The persona authorized
to conduct searches and make arrests and seizures are more precisely
defined and now specifically include revenue officers, police officers
not below the rank of sub-inspector and commissioned officers of H.M.
Forces;
regulation 5 of the Emergency (Exportation) (Miscellaneous Provisions)
Regulations, 1951 (G.N.A. 76/51) (paña 5(a) of my despatch No. 85 of
12th September 1951 refers) is rescinded (reg. 12) and a modified
version reenacted (reg. 9).
5.
During the period under review, four units, all comprising land in the
New Territories, were requisitioned. All are retrospective
requisitioning for the Army.
4.
In the same peried a total of eight and a half units were
derequisitioned, six and a half by Government and two by the Army. The
Government derequisitioning included five uni ta of ex-enemy property
which were purchased by Government.
Mr.
Mr.
Mr.
Mr.
Sir
Littler 7/10
Harrin 9/10 at mu•
DRAFT Despatch
Hang xong
Governo.
1616
LILIJ
File No. HP 488/85/01
Permt. U.S. of S.
Parly. U.S. of S.
Minister of State
Secretary of State
Your Reference 2/3011/46
din,
Ja
40 31
OCT
Date
21./10/53
JILL+
I have ate to ack receipt of your
No. 1378 of 25th Sept 1953,
(30) despertadan savingram
the savingram No. 1378
concerning Semergency Legislation in Hong Kong,
the contents of which have been noted with interest.
I have te
FURTHER ACTION
(27808) (1) WC. 27142-5502 5m pads 10,50 G.S.50.
OLIVER LYTTEL ON
Sent Pj
1 Maytay Tal 18 diens My 3//2
M' Hall
You have already
seen
(1)
the Garr tears that the
Full Court
have occasion
may
No 5 of 1982 as numbed
to decide either that
(a) The Emergency Regs. Ord. (No 8 of 1949) is ultra vires.
or (by that E.R. 116 A is ultra vires.
*
He points out that in either event validating legislation with
retrospective effect will be necessary,
if the fast wine their
Since "the hiches with and completely upset the
menchinery of Gart
an early
"reply to (i) before 1644, ala The Gour and like - preferably before
16/1 when argument before the sapcornstull I have therefore put these
pps in red.
appeal from the Full Court to the Privy Council,
fourt takes place.
The relevant legislation is Hagged
كر
enclosed,
Reg.
JIGA is
W
is either
the 'Emergency Regs' file attached, and
aH10A)/14237/15/51.
I understand
that Mu Hopkinson is the Adviser initially concerned.
As regards the validity of Wan & the Ordinance, see
M' Dale's mins
mins 19/5/49 1mins
кый
(4).
X
See alsof (6)
*
(7)
M
14237/15/49 3/6/49 1hid;
in 1423
that file
which express the view See alsog') this which giver
From that the Ordinance is intra vires in the the ang
paulits.
sentence of
2 of (1) para
it wit seem that the Gar' is
merely taking precautionary measures, in seeking an advice,
but perhaps
M' Hopkinson ed
(a) Whether there seem
say
good grands for acquing that the full Const will rule the Ordinance wtro
vires.
(b) whether the introduction of
validating ordinance is
the only / best way of dealing with the situation that
will then write.
(c) whether difficulties wit be likely to result from the
passage of a
validating ordinance kap while the matter was still sub judice. i.e.
before the Privy Council had
given judgement.
А.А.Андельш
8/1
ļ
::
4
Pleas
Lux May wh
your advice
no (1). A lief history
is
Soun
in the Anderson's mine of 8/1.
H.K. mnt
essly
anner asce end of last pass.
Wall
8/1
i N. 5 of 1922 (attached)
Sir L. Gibson
Please see (197mm Anderson's minute of 8.1 galove.
3(12) with regard to question (A) in pona 1 of (1) :-
он
It is not explained vires of the "Ordinance so I have not attempted to
question.
But in view
the rough examination
at (7)
on
is
what grounds the beeing challenged,
comicher thing Что завед
f
vay
of
the whole quartian,
14227/15/1949, it seems
faily
certain that the didinance is inter vies.
But, in view of your
Knowledge
of
of your fist hand
the whole problem
no doubt be able to advise
question
afinisan.
1
you will
this
(I hope) to confirm In Dale's premens
(1) with regard to quarkan (B) :-
quick
From
the Dulinance it
b
me
lash at feet 2 (1) of
mat molly
that the Coumb would declare Reg 116 A
ultra vines,
A
became of the absence
recital of envergency.
of
Sut 2 (1) does not require that such
be made.
i a recital should
moreover it is so dufted that the
5
фотов
for
ва
Cont cannet enquire into the grounds
the governes-in-Concil's belief Mich
долиновой bed to the making of the regulations,
perhaps, the long fides of the
milers,
Journer in Cancil is challenged. But this necessitate definite
affirmative
должен would
& the absence
of
a
evilucę
recital of emergency
is clearly not sufficient preof, by itself. 3. If purchase, the Comt did
hold that the didinante
Regulation
vives,
I
imagine that
a
way
ulka
validating Ordinance
with retrospective affect would be the
best
& most convenient with the situation.
4. But if this
Seem
the
the
were
way of dealing
done, it would to affect to;
quite unecesary think Hong Kong I
T
Privy Council, should be bold so.
J. E. Hofkumain
9.1.52
Mr. Hopkinson,
As regards ground A, I think it is pretty clear that the point involved
is that considered by Mr. Dale in his minutes of 19.5.49. and 3.6.49. in
14237/15/49. I agree with the views expressed by Mr. Dale.
2.
As regards ground B, I agree with you that it seems almost inconceivable
that the Court should hold the Regulation to be ultra vires for the
reason stated. The Regulations containing Article 116A purport to be
made in exercise of the powers conferred by the Ordinances and it must
surely be assumed, at least until the contrary be shown, that the
Governor in Council was satisfied as to the existence of the emergency.
Liversidge v. Anderson and Greene v. the Secretary of State which are
cited in 1942 Appeal Cases, deal with executive and not legislative acts
but may assist the Attorney-General.
13.
3.
In the event of the Full Court allowing the appeal on either ground, I
agree that validating legislation by Ordinance would be necessary. If
ground B succeeded, the form of the legislation would rather depend on
whether the Court's decision was of general application or was concerned
only with the case of the Emergency Regulations Ordinance. If the
decision was a general application it would probably be desirable to
enact a provision of general application (possibly in the Interpretation
Ordinance) dispensing with the necessity for recitals in these
cases.
4.
I agree that validating legislation ought not to deprive a successful
appellant of the fruits of his victory.
5.
If the appeal to the Full Court succeeds it would presumably be
desirable to enact the validating legislation at once because of the
likeli- hood of further cases arising. Once the validating legislation
was enacted there would presumably be no point in proceeding with any
appeal to the Privy Council.
(Sir Leslie Gibson) 9th January, 1952.
Now Hall
Pleas
see Sir R. Gibson's minute alove.
J. z. Hoblemain
9.1.52
Mr Hopfeiern, we spoken & I have attempted a draft on the basis of
the mins alone. I home not attempted to shorten it as the A.G.
would probably scheme as full a
siply as possible,
ним
10/1
I have deleted the front of fave 2. taken
from on the
lung
based
my
minute
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