My
Le neemany
to submit
m 51 file.
He file to Ministers, see minutes of 2/11 + 13′′t 19"/"
Pl dft a reply to (5), noting week from par B(3) of (6) Met
regulation 116 has been rescinded & that it is proposed to repeal
by 116A & inest a rews may
116.
The legal Rdiences have teen consulted as requested in pose 9 (of 607)
their comments
y
es give in Mar Hophimens min of 23/4 & 8w 6 felons mer of 24/4 suitably
cummarised _ enteng by approring the suggested in para " of (5).
M. Bunce
? as in draft despatch h/w.
Hull
10/4
U. frosk
130/4
14
T
!
15
Enclosure 2 to (5) contains a draft regulation 116 to
-
be inserted in place of the present Regulation 116 A- copy at (10 A) on
the 1951 file which was continued in force for a further period of 6
months with effect from 19th October, 1951 see (17) on 1951 file which
fariod expired on the 19th Agint
-
So far only the possession of a grenade, bomb, etc., and the use of arms
carries the death penalty. In (11) on the 1951 file it was agreed that
should a grave emergency arise Regulation 116 A could be extended to
provide for the death penalty not only for the use, but also for the
possession of arms in serious cases, The new regulation attempts to do
this but the Legal Advisers do not like the wording of it, particularly
that of paragraph (3) see minutes of 23/4 and 24/4 above.
-
In the circumstances I suggest we reply as in the draft opposite. The
Minister of State approved (17) on 14237/15/51 see his minute of
19/11/51 and the draft o; posite proposes a further extension until a
satisfactory redraft has been prepared. ? Ministers should see it.
Halall
1. 5.1952.
Mr. Faskin.
You should see Mr. Hall's minute above, and the attached draft, the last
paragraph of which authorises the continuation in force for a further
six months of the present Regulation 116A about which there was so much
discussion earlier.
The last extension grunted expired on the 19th April (previous
extensions having been granted at (11) and (17) flagged in red on
14237/15/51 below).
We are proposing to grant this further extension in order to cover the
period required for further consideration in Hong Kong and here of the
revised draft regulation 116A submitted by the Governor in (5), which is
not regarded by our Legal Advisers as satisfactory. A copy of the
existing regulation 116A will be found flagged in red ▲, behind No.(5)
on 14237/15/50 below.
I agree with the draft, but as the previous extensions referred to above
received ministerial approval, you may wish to refer to higher
authority.
6. 5. 1952.
!
기
puniciple
Cis the extension involves no
или
I don't think that expecially
in present cucs -
Ministers need be
honved.
موا
то
14/5-
7 Home Lone Des 763 Secret
(6)
An
16
1 0 MAY 1952
Recirculated for action on (6). vide wth of 15/4
Mr. Bunce
19/5
Rist
M. Anderson and Mr. that! to see (6) and then?
put by
120). Frost 12/5
M. Bort Mh. Kelfin. Starks no doubt hvor of para: 3(c) and peus: 3(f),
respectivals, already but they may
MMA.
Здише 12/5
I thrach in should and the for how the
math of the new
mow stands
regulating new
The last sia ruouths extension granted
April 18th and wrought.
Спонилисадно
4h Leaving something
эти
from HK.
iiretly whoy on the file?
черву
测
Hong Key Decision
Seine-
sup.
1034
287452
(Decision not to pursue furths amendment of legisle)
M. Anderson
Ref. M. Sideborham's mm. ahove, (3) is answered by (8). It has been
dendal next
Reg.
tume.
to prowed with, the proposed new Every. Roy. 116 for the time being, but
it may
to reapers the matter abany necessary Menelale Reg. 116 A contienes
116 A critimes in force for see months from 19th. April.
453
Samme 15/7
This matter was discussed with the Govt. Pl. attach
extinct from record of meeting
reave.
161
侠
Extract from meeting
with foremnol Hong Kong in Colonial Office
M' Harris.
PI
17
8/7/521
min 15/7.
I attach a oft reply
to (8), noting the decisions taken therein.
/1814-17.3
J.J. Andurom
Ph.
pay Hopkinom shared on the H.K. dens im in (8).
11 HONG KONG Des 1200 Secret
Uticams
7717
11. Hong Kong, Somer, 1579, Seact.
Mr. Harris
Mr. Hopkinson
Ale Sidebotham
H. see (11).
21 JUL 1952 1
-1.10.52
Emergency Regulation 1160, flagged at (101)
on 14237/15/51, renders the unlawful use of and the possession of bombs,
grenades, etc, punishable by death.
S.
In first afproving the Regulation, the of
5. stipulated (this was not made public) that his approval should be
sought every for extension of the Regulation. The Sovernor has
written in (!!) accordingly.
Background to the question is given Mr. Paskin's minutes of 29/6/50
of 12/7/51
14237/15/51.
6 months
in
14237/15/50 and
of armes
Now, although crimes involving
have decreased, the Sovernor feels that this is
t
/in
in large
measure due to the deterrent effect of the Emergency Regulation, which
he therefore wrihu to retain for a further 6 months
draft herewith
the Regulation in 1951,
? approve
as in
There was
P.Q. om
G.
and the question of extension has been referred up to the S. of..
? Proceed as before.
on
18
previous occasions
Glattler
8/10.
I have
disuused
this
with Si S. Abrahas.
he considers
that
should only
agree with relucta
with reluctance to the continen
force of Rey 116 A.
argument but forward
The
2 of (11) is 7
if we
deterrence
Should
be
in
ий рин
Cause
very
plausible. But
demur that
accept without
logical reult is
the text, the anddy
that
as
im appears to be)
long
as
remmin ffection in
this. Luth penalty remmis
preventing cronies involving the
it will
have
fast the only
retaining it show that
to be returned
of my
In
for Landing not
warld
he evidence
to
in spite
the healt
penalty
Efese
that the game Javerinen
རང་བ Accordingly it
that "the situations
molikely
with himself consider
Germits" May 16 A C
he seferland (See Condition I at (14) an
hond
Et
micreased!
Jews
14 237/15/50), for
long trime
E
Caree
1/semis
болу
Jenny that
scron's crime.
that there has been
مسلمان
19
2
adu
vuis
the Jamoner's доминой
be well
undang
luis
will
femit
take
however to fuil aut
the mutter, it might
1
this offerturity of
when he expects the situation him to repeal Key 16 A.
བསལ་ཆབ་མིའི་ཡིན +
h th
many
на
le mefl
Co. half to decide what was
meant by this plume. As the dogs. aly
Congentul
е
of this regulation "in
شده
the engrial enactment
the recent
in Crence
crimes
of wotence involving
the
Ѣ
mus.... (see farm of (19) an
14237 (15 (50), I fuel it
that the
winter led
he repeated
Guy
Cruis
manny
have been
degulation should
this type of
Seen as
had decreased & there was
immediate expectation that it would
ent agains.
J. E. Mafiliman
11.10.52
ها
breake
In (11) Hong Kong seek approval for the
continuance in force. for a further period of 6 months from the 19th
October of Emergency Regulation 116A, which provides the death penalty
for the possession of a grenade, bomb, or similar apparatus and the use
or attempted use of arma, ammunition, or explosives. A prosecution
cannot be instituted except with the consent of the Attorney General. A
copy of the Regulation is at (10A) on the 1951 file.
2. The enactment of this Regulation was approved (arter much discussion)
in Kinisterial minutes of 22/9/50 and 16/10/50, on the conditions given
in (19) and (21) on the 1950 file.
3.
In Condition 1(ii) of (19)/1950 the S. of S. laid
/down
·
20
down that if the Regulation was "not repealed with 6 months necessity
for continuing regulation in existence will then be reviewed and my
further agreement sought to continuance.
4 So far as I can trace, Regulation 116A has only been used once since
it was enacted. The accused was hanged for shooting and wounding a man
during an attempt at robbery.
5. Previous extensions of 116A have been granted at (11)
tumbad and(17)" on 14237/15/51 and at (7) opposite:- Flags A, B, C.
The first two extensions received Ministerial approval; the third did
not.
-
6. In (11) on the 1951 file it was agreed that should a grave emergency
arise 116A could be extended to provide the death penalty not only for
the use but also for the possession of arms in serious cases.
7. The most recent extension of 116A at (7) was granted "until a
satisfactory new regulation has been drafted". In (8), however, the
proposed new regulation was shelved because H.K. could not meet our
objections to the draft.
8. In view of this, and because the general situation in Hong Kong is
potentially as dangerous as it was when 116A was first enacted I submit
that the S. of S. should approve its continuance for a further period of
6 months. Furthermore, we have only just approved a new and not wholly
unobjectionable E.R. giving the Governor wide powers of deportation, and
it would seem inconsistant to take away now the powers granted under
116A.
9. I have sympathy with Mr. Hopkinson's reluctance to agree to the
continuance of 116A, and I agree that paragraph 2 of (11) does not
disclose a state of crime as serious as that in which Regulation 116A
was approved soe (19). Nevertheless, for
1950
-
the reasons given in paragraph 8 above, I think that the Regulation
should be continued; and I doubt whether the Governor would be prepared
to hazard a guess as to when the situation will permit a repeal. I see
no objection to his being asked, however.
W
tiff. eubmitter
| as grandadh.
Jst Stanis
Precisely anything might happen in
ん
Amy Jagree thank
Yera
14, 10, 12
innabout
7
but a few hours havin tok 116A must contimes
in fore. Avon Barton
and I but I think
14.-10.52
уте
would wish brea
14/10
16/x
-
و
I agree. This wire however have to go up to Miuntur next time,
21
in the light of whatever the Eow.
iney say
ん
in two wr
om
зними
915710 atrace
18/11 Hong Kong SAV 1712 Secret. Lons
1
***
K
!
вк
ļ
2.
میرے
H.4
Repent
Derp 1700
megs.
Manch. August 195
the cire saving
Fill attached
" Please attach a copy of the
mentioned in pare. (1) of (13) _ or the file -
and recire.
Ale. Harris
Matthin 57/1
(13) is the current edition of a 6-monthly
statement of the position
ad
ор
re
J
Emergency Regulations, required by Circular of 18th July 1946 at (4.9
14237/c (1) attached.
Whilst I see nothing worthy of comment in that previous statements
surprised that previou have not been shown to Legal Advisers. (dee
(13)
می
as
(6), -(5) M(15) on the '51 file, -eta.)
3.
However,
Mr. Barton
? put by.
Shuttler 4/11
Mr. Hopkinom.
Reference (13) and for 2qM Littler's minute whook, the request for a six
monthly review of Emergency Legislation quered by M'Acheron in his
minute of 15/17 14237/146 uttered
9 thish
but My Creach Jones decided to ask for suck wew. ff is hear from the
minutes of 14237 | C146 Hab the review was
This
1
Yes,
Yes this is so. We who wat generally
look at Sulvidiung
legalndians (of 6.149(2) which
St.
required
What promising for adminishalive (political)
VCA 199
And I
22
don't whether Legal Advisers need be troubled with despatches suchas
(13) opposite unless there s
Tome special print
legal opinim
is required.
? by
Partly.
8
The Bana
To
to you see a thing for as m
asm B
B). I
|
Malaya
Ao not?
(. I dukhove the Ech Whige of all malaze
in thenga Emerging Reghs.)
Axe Bart
9
бола
naching forms.
10.11
2. But the cruular on 14237/c/1/1946 does verb ask for statements of
this hand of emergency legislations (a wafueng teros). This concerned
with defense Regulators mode during the last were, and keption force by
The UK. Supplies & Services & Energency Jaws Acts, which are dealt with
on the successer files to 14237/4/1/1946. Buverstin
use in local emergencies
for
quite separate.
обише
нови
comment. but it
of carnet
The distinction
be useful to lie statements like of this
made by 2mm Bunu is
nevertheles
revisning
loral
emergency
Legislation, seeming
what
white howers
available under
the
it would
b
they need not be
Emerging Bagulation's Calviance, 1982
Y
brity to tetto Hay Kong!
Js Hobyllimon
& I fel
made in butine?
арке По
23
M.. Sideko Ham.
Please
Mr. Hophins is minute of 11/11.
רי
Milt
that the Cirector on
six
monthly
14237/4/1/1946 review of
9 egoce
it may be strictly time to attached did not call expressly for
losed emergency legislation of the type found in Hory Kay,
qustim for
with Mr. Hopkure that there should be mo alloway Haykay to discretinue
reading regular reviens such as that at (13) oppuite.
2.
A
you
know
1
the Emergency Powers Order in Commisl
Rewa to My Sitter to
Lith
with represe 6/11 and M. Hopkinson's
To his minute q
marginal note of "/".
but never published in Hay
21939 was extended to but
Kay, which is in the unmoned and fortunate portion of
Emergency Regulations Ordinance, 1922,
Larig
No comments yet.
Private notes are available after approval.