its
nade which it is preible to take emergency powro
to declare a thate of emergency,
without having formally
as would be required under the 1939 Order in Commeil.
Morcovce, in Hay Kay,
the Emergency Regulation
IWAL
enacted, verwain in operation until specifically repeated.
There are
sting
therefore
for requiring Hory Key
to key the sugich of imaging legislation under corbent
and
I kat
Har
we should
regular review
not disturb the Governor's practice of sending despatches
Suba
Wah at (13).
? Putty.
by
ใน
Ack receipt whing contents,
Mr. Harris
11/11 wh
? as in d. L. (t Skittles 100
Hong Kong Das 1887
I
118/12
B/U no
no
reply to (12)
24
KD. Clark 18
Carri
We have no
reply to (12) yet.
urgency
I think we that
are worried about
Whilst there is no
should press the Sovernor, if only he will realize that we the question
of
this
emergency regulation.
? remind us in d.h.
I think it is too early to remind yet.
B.U. in
one month.
1%
13
!
Nattame
19/4 l
میرے
the 10.81
ai
Beant inscase in mime
when
We shall keep (15) in view, receive the Sovernor's reply to (12).
branwhite put by Hattler in
House.
پر روت
1: you
sev 1855 toc
28 11.52
Ref (12) unatale to nehead Reg 116 A yet.
Mr Harris
increase in criminal cases
Botha (15) and now
(16) which replies to para 2
is that
of (12), record. involving
our
the
ese
of
arms. My feeling thunder is therefore stolen and we should bave the
matter to stand until Reg 1167 again
up for review (Afril 1953), and need not reply to (6).
COMU
Mr. Haphinson Mr. Sidebothan should ses (16). otherwise ? put by.
hallin 10/10
25
The idea
ER
he
early
goshiy the Govenor whether be your prospect of repeating BR. 116 A
originated in minutes of 11/10 and /
Sir A. Granthains reply at (16) is
no thus fik.
unexpected, particularly in view of (15) which we
recatly
? Ank, noting content.
not
noted
26
I
I vows
}
with the
адми
The
between (11) + (16),
to draw
any
uumbus
な
Sorch
But no
at the
of the change of wis.
sense
suggested.
enly 4 months have clafred not be possible
• it
may conchrive infernee from the
of crimes invaluing the
f.
comparatively short period.
doubt the position will be clearer!
wat revend.
J.z, Hap kumain
16-12-52
[A
you
shuelo a thrin see
по. 16, дари
copy & E. Reg. 116A is at
(10A) on 14237/15/51 attacher] muth-achi A purposo by his Havin's.
Minister of State
? as proposed.
4/1~
(The history of this is given in tur.
Harris's minte of 14/10/52 alive
6.9.d./
I apes. ари.
Mr Harpis
the
Dac..
ots in mine above,
کے کیے
? as in d. h.
27
Hong Kong - Sav 2075 secret
vky
17 Renter
20 DEC 1952
23-
for
(18) here to information ref
ER 116A.
Put by
KD-Club 22
%%
V7
19 ge
Am 461 sec
Sechs abbooval
Mr
25 3 5 }
to
G
contingere Reg 116 A
gole
Mr Harris (through Ar Raphenson for Raston)
At (19) the Governor requests approval for retention in force of
Emergency Regulation 116A for a further 6 months from Regulation is
given
19m
April 1953.
recent extension was
in
your min
granted.
the history of the
14/10 when Meanwhile
the most
hast
correspondence ending at (17) to explore the prospects of withdrawing
the Regulation in the foreseeable future. the covernor considers the
Regulation should
the Colony
remain in force, and his contention gains support held
arms
in
They are oft by presumed K.M.T. rupporters. (These reported wish Modern
HXP 87/92/01 - Special Branch. Gype of 45
مناعة
Z
hich is in sirculation).
In view of dir C. Jeffries minute 15/10 there, to Arnisters.
histis Wxplos- papers may have to go
λ thi
US. deny
of
State last saw
them 17/12 above.
The Minister
? In the special conditions prevailing,
all thnorhele, may approve the Sovernor's request.
even, of pilfer.
? as in d.h.
cove
28
age.
2
C
Mr. Parhia
In (19) Hong Kong seek approval for the continuance in force for a
further period of six months of Emergency Regulation 116A, on the ground
that conditions in the Colony are not yet such as to justify its repeal.
think that we should accept the Governor's view.
The history of Emergency Regulation 116A is given in my mimate of
14/10/52 and a copy of the Regulation will be found at (10A) on the 1951
file.
I
We recently asked the Governor (12) whether he saw any early prospect of
being able to recommend the repeal of E.R. 116A, but in his reply (16)
he was not hopeful. The papers were last submitted to Ministers at
that stage. (du also Six C. Jeffries miante of 15/10/52).
(Defence and
? Approve as in draft herewith. Legal Departments have seen and have no
comments).
I Hamis
13
(I.H. Harris)
3
Minister of State,
Hong Kong 'mergency Regulation 116A (copy at No.10A on 14237/15/51)
authorises the death penalty or conviction for
(a) carrying or possessing without lawful authority a bomb, grenade,
mine or other similar apparatus;
(b) using or attempting to use arms,
ammunition or explosive substance against any person or property even if
that use does not cause death or injury.
This is of course an exceptional provision
and,
29
Flag A
and, as you will see from the minutes ending
C
1
with those by Mr.Griffiths of the 22nd of September 1950 and the 16th of
October 1950 on 14237/15/50, the making of the regulation was approved
only with some hesitation and subject to a review by the Governor, at
intervals of six months,
of the necessity for its retention. The periodical reviews then directed
have been carried out and each time the Governor has recommended an
extension, The extension was last approved by a Minister in November
1951 - see Mr. Lennox-Boyd's minute of the 19th of that month on the
1951 file mentioned above, Subsequent extensions have been approved
Departmentally.
There
While I agree that we should allow the regulation to continue for a
further period of six months from Sunday next when it expires, I think
that the Governor should be asked to put in a full report if, at the end
of that period, he wishes to recommend its further continuance. is some
risk that these renewals will come to be regarded as automatic, and that
this exceptional regulation may come tó be regarded as a continuing part
of the law of Hong Kong. The Secretary of State can therefore reasonably
ask in October next,when it will have been in existence for three years,
that he should have a fuller appreciation by the Governor than that
given in No.19 on this file and should in particular be told
-
(a) what in the view of the Governor and his
Advisers has been the effect of the regulation; and
(b) what will be, also in their view, the
likely effect of new discontinuing it/53
I aper.
арм
Pillard
15.4.53
Capris 16
|
30
for Hong Kong
tee 1388
16453
On Littler.
(20) says Despatch follows
I
L
¡
Go
Acu 556
Report Sept 82 · Jeb' 53.
Draft despatch submitted in
13 4 53
aundance with
Sir Thomas Hoya's minute of 15 April 1983.
Recine to ack (21), noting contents with interest.
¿
Jakttamis
415.
14. 22 Hong Kay Saw 688 secret. was ÷ 75.53,,
10
Mr Harrie
23 Hong
Ref x/ of your win 175.
??
? as in d.h.
Butter 7/5
thing King Des 201 8.5.53.
نبر
J
24 kutem
27. 5
53
24 (line 18) plased here for information
ref.
ER 116 A
ка селата
5/
15 Ju ды
Aef and suppets
10.6.53
Sav
836
contiimation
J
E.K. 116 A
31
Mr. Barton-
Hr. Hopkinson Mr. Harris
Kr. Sidebothan
In accordance with Sir T. Lloyd's minute 15/4 above, we asked the
Governor at (22) for a fuller appreciation of the effect of Emergency
Regulation 116A (copy at 104, flagged 'A' on 14237/15/51) for
presentation to the Secretary of State in October, should the Governor
at that time again wish to recommend the continuance in force of the
regulation.
2. The Governor's reply, jumping the gun by some four months, is at
(25). Whilst it need not be shown to Kinisters at this stage, and we
shall probably have to ask for a supplementary report later,
nevertheless (25) is of considerable value in showing the Hong Kong
lines of argument.
This
3. The Governor's statistics of crimes involving arms (paragraph 14)
show that these types of crimes have been reduced to a considerable,
though not wholly satisfactory, extent. does not, however, in itself
provide a valid argument for abandoning the Emergency Regulation, which
may be deemed to have caused the reduction. The crucial point lies in
the table in paragraph 18 of (25), relating armed and unarmed robberies
and showing that whilst armed robberies are decreasing, unarmed
robberies are, if anything, increasing.
4 It seems reasonable to assume that, other things being equal, the
number of armed and unarmed robberies will vary in more or less direct
proportion. There are, I suggest, three factors which may influence that
proportion:-
a) Ready availability of arms, tending to an increase
in armed crime.
b) The temper of the criminal section of the population,
c) Forces of law and order.
We must, I think, accept the unfortunate situation that, in spite of
Government's efforts, arms may fairly readily be procured in Hong Kong,
though not so readily as to encourage their use in crime, As regards the
second factor I have mentioned, it is virtually impossible for us to
form an accurate assessment, We know, however, what careful precautions
the authorities have to take in respect of political disturbances, which
in Hong Kong tend very rapidly towards acts of violence. When to this
indication is added the depressed economic state of the Colony, to which
the Governor refers in his paragraph 3, we may perhaps safely say that
the decrease in armed crime since 1950 cannot with any confidence be
attributed to any possible change in the temper of the criminal
population. There remains the third factor: forces of law and order, of
which the most relevant is Regulation 116A, There we have; firstly the
strong conviction of the Governor that the Regulation is effective; and
secondly the suggestive fact that it was immediately after the
introduction of the Regulation that armed crime showed its sharpest
decrease.
5. The above reasoning is inevitably somewhat conjectural. Nevertheless
it has the appearance of validity, and it is impossible to avoid the
conclusion that Emergency Regulation 1164
/ig
|
:
32
is at least the major cause, if not the sole cause, of the welcome
decrease in armed, relatively to unarmed robberies. It seems probable,
therefore, that any relaxation of the Regulation at the present time
would have the effect of, at least partially, recreating the undesirable
proportion of armed and unarmed crime which prevailed in 1950; and
whilst we might hope that the actual numbers of cases involved would not
reach 1950 levels, I consider that a grave risk would be incurred,
rendered the more grave by the particular dangers of any resurgence of
violence in the overcrowded Colony with its serious latent political
dangers.
6. Ky impression is, therefore, that the Governor has a cogent case for
recommending the continuance in force of Emergency Regulation 116A. We
are not required to pass judgment at the present time, and I suggest we
should acknowledge (25) as in draft herewith, and then await
developments.
? as proposed.
Laque o Bastion 22/6
From
20%
1
The figures which the Governor gives certainly seem to confirm the view
expressed at paragraph 2(a) of (25).
2. On the other hand with regard to (b) of paragraph 3 of Sir T. Lloyd's
minute of 15/4/53, the Governor states at paragraph 3 that a sharp
increase in the number of crimes involving the use of arms is likely to
be expected during the present economic state of the Colony. If this is
accepted, it would seem that the regulation may have to be kept in force
for quite a long time yet, and this appears to be borne out by paragraph
5 of (25).
3. At the end of last year the Governor stated that the number of cases
involving the use of arms had recently increased, and the figures for
the whole of 1952 at Table B in fact show that there was a small
increase over 1951. The figures for the first four months of 1953
however suggest that there has been a fair decrease since then, and it
will be interesting to see whether the new low level remains constant
when the Governor next reports.
J. E. Holikensoin
23rd June, 1953.
There is certainly
A
danger
Hat this cuptimal
regulation will
4 15/4,
李
Sir T. Lloyd said in his minute
to be
LEMME
regarded
the law of Hong Kory.
a continuing post. Hong Kong may year
the consequences in the regulation is
allowed
but they will have to
make the experiment
to Lapee
some time
1
باا
I doubt, however, whether we press ofor this at present.
should be wil
t.
33
Meanwhile ?
? us in dragt.
23/1
Mr. Paskin.
You will see the informatio furnished in (25) in which the Governor says
that he sees no prospect of being able to recommend the discontinuance
in force of Regulation 116A at prosent.
It is proposed to ask him to bring this information up-to-date as in
draft herewith during September next to conform with the request
contained in No. (22) Sir T. Lloyd's minute of 15/4, as subsequently
approved on the 16th April.
-
see
I agree that we need not trouble Ministers further at this stage. There
is no need for the Secretary of State to commit himself to any further
extension yet.
? draft may issue.
JBS
23. 6. 1953.
၄၃.
E892616
atuse.
2.G
thong
ong
Saw 1019 Beret
30.6.53
30.6.52
27 Reuter
(21) placed there reference ĥKIILA
Fur hu
KA.Clawh
¡
W
3
34
? an
achein
mefab yel
ab yel past.
.. སཾཟོ་གག་མཝིཚིག
Bring up 2 weeks if still no reply to (26).
Shelter. 1419
Blu
us abone
ky. Clark 28
Mr Harris
In view of para 2 of (26), I think short telegram to the Governor would
be
desirable.
The Govenor
I think we
? As in d. C.
28/9
Shitter 287
has been tola what is required of him and
should wait..
B.U. im
كذا
27 A Reuters
يا وجيه
10 days.
Witami
26/9 alum
Z-P
9-53
·25·7-53
E.R. LIGA Mhould
theat
Sau 1371 See
Awww.20
continue in fance.
28
you
Mr. Hopkinom.
please see
Х
Tikes we
as before.
References previous minutes on this file
I don't
Hat Thi
Framite Govenors view is
(28). much further
and for
He
Ak
الساقطة
have
Fir T. Lloyd's minute of 15/4,
the S.ys.
to decide, bearing in mind is whether the time is rife for He Governor
to take the plunge
This Regulation. My Imolitine are
to press
and day continue
mm opinine is that
not yet sufficiently settled for
experiment of this kind';
Hing King to make
and that the S.AS. should approve the unti namuse | in force of ER 116A
for
muntis.
oh my.
મ
further period of six I should be grateful for your
Ham's
1/10:
Tom Harris
35
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