Group
Class
Piece
Co
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1030
1124
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T
し
SECRET
FED 9
9/401/01
PART
274
con.*
FAR EASTERN DEPARTMENT
BEGINS
FILE TITLE
FILE PERIOD: 1954-1956
PART
FILE NUMBER
Emergency Regulation FED
کی
112
Hong Kong
INDEX HEADINGS
9/401/01
Enragency Regis Еменден
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H531
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3074/947
SW11 "orto)8/50. G.B.(1..)Ltd.51, 71.26
CLOSED
LEGISLATION HONG KONG UNTIL
1.
Mokka m
соловоль
8/
C.O.R.7.
L
I
PRECEDENTS NOTED UNDER -
RELATED FILES
વ
1951-3
(new: HKP 488/85/01
1957-59
FED 9/401/01
CROSS REFERENCED UNDER :-
:
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1A
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t
C.A. 19
200x109-10/63-48995
1e No. 2/3011/46
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
29th March, 1954.
Date
No.
490
101
Mr. Creech Jones circular Saving ram
Corky
below
of 18th July, 1946.
2 1
R!
EMERGENCY LEGISLATION
In accordance with the request in the last paragraph of the Savingram
under reference I report that no regulations have been revoked on
review, and I set out below the general position for the six months'
period from the 1st September, 1953, to 28th February, 1954.
2.
Three emergency regulations have been
enacted under the Emergency Regulations Ordinance, 1922. Of these, two
were directly concerned with the work of relief and rehabilitation
following the fire in the Shek Kip Mei area on the night of 25/26
December,
viz
3.
7- AER 1934
a) The Emergency (Immediate Resumption) Application). Regulations, 1953.
(G. N. A. 180/53).
These regulations applied the Emergency (Immediate Resumption)
Regulations, 1952, to the area affected by the fire to ebable that area
to be levelled as soon as possible for the erection of pro- visional
accommodation.
(b) The Emergency /Public Health (Sani-
tation) Ordinance (Amendment
Regulations, 1953. (G. N. A. 181/53).
These regulations permit the immediate construction of temporary public
latrines for the use of persons ren-
The new dered homeless by the fire. section which was incorporated into
the Public Health (Sanitation) Ordinance, 1935, dispenses with the
procedural requirements relating to the giving of notice and providing
opportunity for owners of property to lodge objections.
The third emergency regulation referred to in the preceding paragraph
is:-
The Emergency (Squatter Clearance) Regulations, 1953. (G. N. A.
1847753).
These regulations replace the Public Health (Sanitary Provisions)
Regulations, 1948, themselves made under the Ener-
They gency Regulations Ordinance. empower the competent authority to
remove squatters, trespassers and un- lawful structures from Crown Land,
and to require lessees and permitees to do the same on leased land and
land held on permit, and in default of action by
**^£100-10/55-40
File N
</'3011/46
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date
No.
29th March, 1954.
De/eg
-2-
the lessee or permitee to carry out the removal, charging the lessee or
permitee for the cost thereof. There is also power to take such measures
as may be necessary to prevent re-erection of unlawful structures or
re-occupation by squatters of land once cleared.
102
1
103
END
From the Secretary of State for the Colonics.
To the Officer Administering the Government of
Circular Telegram Saving.
18th July, 1946.
My circular telegram No. 164 of 9th November, 1945,
Emergency legislation.
From an examination of recent legislation in Colonial territories it
appears that a considerable body of Defence Regulations and other
emergency powers triken under the Emergency Powers (Defence) Acts
1939-45 have buen retained under powers confurred on Governors by the
Orders in Council made under the Supplies and Services (Transitional
Powers) Act and thu Emergency Laws (Transitional Provisions) Act or in
some cases by Ordinances whose duration may extend to periods of two or
five years.
It is appreciated that these powers are generally cquivalent to those
which it was considered necessary to rtain in the United Kingdom, and
that at the time they More retained they were equally considered
essential to goed government and the maintenance of law and order in
Colonial territories. I am, however, anxious that none of thes temporary
powers should be retained longer than is absolutely necessary.
I shall be grateful therefore if you will cause such powers, whether
retained by Order under the provisions of thc Orders in Council or by
special Ordinance to be kept undur regular and earful review, with the
object of ensuring that instead of being allowed to remain in existence
until it nutomatically expires, each regulation should be revoked as
soon as you are satisfied that it is no longer essential for toe special
purposes for which it was retained.
I should at the same time bu grateful if Consideration could now be
given to the question referred to in paragraph 2 of my circular sving
tulegram of the 18th of October, 1945, of publishing a consoliänted
edition
It would be or the Defence Regulations now in force. convenient if
copies of the Orders made under the Supplies and Services and the
Emergency Laws Orders in Council, authorising the continuation in force
of the Regulations, and of the Ordinances giving a limited duration to
certain regulations, could be included in the publication.
I should be glad if you would arrange to submit at intervals of six
months statements showing whether any, and if so which, regulations have
been revoked on review. It would be convenient if the first statement
could relate to the period up to the 1st September, 1946, and could be
forwarded as soon after that date as possible.
SECER.
Mr.
Littler F/4
Mr. Harris 1314 dai
Mr.
Mr.
Sir
File No. 487 3/9/22/01
Permt. U.S. of S.
L
100
Phony Hm
Parly, U.S. of 5.
Minister of State
Secretary of State
15 APR 1904
Date
DRAFT Despatch
Your Reference.....
dir
Hong Kong M. 593
(·)
Savingram
Sovernor.
FURTHER ACTION
(27886) (1) WL 27142-5592 5m pada 10,50 G551.
I have to to ack. receipt of your
No 490 of 29th March 1954, concerning Emergency Legislation, the
contents of which have been noted.
I have to
OLIVER LYTTELTON
SECRET
INWARD TELEGRAMMILARLY
TO THE SECRETARY OF STATE FOR THE COLONIES
3
R. 11th
Simplex
D. 11th May, 1954.
FROM HONG KONG (Sir A. Grantham)
98
111 MAY
11.45 hrs.
1954
SECRET No. 320.
Your telegram No. 936 of 1953.
vi
21
·4888510
Emergency Regulation 116A.
Grateful if you would approve continuance in force
of the above Regulation for a further period of six months as, by error,
the expiry of your authority has passed unnoticed.
17 2.
Reasons for request are similar to those contained in my savingram No.
1371 of 1953, and up-to- date figures follow by savingram.
3. Executive Council have been consulted and advised
continuation in force.
1
HP 319/22/01
HONG KONG
593
HO
COLONIAL OFFICE,
The Church House,
Great Smith Street,
London, S..1.
IS April, 195k.
sir.
I have the honour to saknowledge receipt of your savingram No.490 of
29th March, 1954, concerning Emergency Legislation, the contents of
which have been noted.
I have the honour to be,
Sir,
Your most obedient,
huable servant,
GOVERNOR,
OLIVER LYTTELTON
SIR ALEXANDER GRANTHAM, G.0.N.G.,
etc..
etc.,
etc.
99
Mr...
Mr.
DRAFT
Littler 12/5
J
Barton
tu minult
Hopkinson....1.2/5
FILE No.....HKP.319/22/01..
TELEGRAM/"
*SAVINGRAM
* The word Priority may, if necessary, be entered here.
Addressed to:-
Governor,
HONG KONG
Repeated to:-
Harris 13 minube
Mr.....Sidebotham 14/5
XX Sir John Martin.
Sir Charles Jeffries
Permt. U.S. of S.
Parly. U.S. of S.
Minist Minis cal
Secretary of State
לן לי
Medium :--
En-clair or
Gede
SIMPLEX
י
Urgency classification -
Nil
Reply urgently required Priority
Immediate
Emergency
Number.
353
Savingrams only.
Your reference
Serial No.-
나
97
Samplex
Time and date
1530
hours
18/57/57/195.
Security classification:-
Unclassified Restricted Confidential Secret
Top Secret Guard
(3)
Your telegram No.320.
Emergency Regulation 116A.
I approve the continuance in force of
Emergency Regulation 116A for a further period of
6 months from 19th April, 1954.
1 8 MAY 1954
In
2.
Distribution:-
нов
feel sure
.Whilst I am aware that the retention of
Emergency powers is kept under regular and careful
review in Hong Kong, I am particularly anxious that
Emergency Regulation 116A shall not come to be
regarded as a continuing part of the law of the
Colony, and that the renewal of this exceptional
measure should not be regarded as automatic.
therefore if in future you will forward a full
report before the end of each six monthly period should
you wish to recommend the further continuance in
force of this Regulation.
Grateful
1
Further action :-
227691) (2) W: 27143-5593 2,500 pada 10/50 G.S.St.
P
SECRET
OUTWARD TELEGRAM
Simplex
SECRET No. 353.
OM THE SECRETARY OF STATE FOR THE COLONIES
TO HONG KONG (Sir A. Grantham)
Sent 18th May, 1954.
HKP 319/22/01
15.30 hrs.
4
96
Your telegram No. 320.
Emergency Regulation 116A.
I approve the continuance in force of Emergency Regulation 116A for a
further period of 6 months from 19th April, 1954.
2. Whilst I feel sure that the retention of Emergency powers
is normally kept under regular and careful review in Hong Kong, I am
particularly anxious that Emergency Regulation 116A shall not come to be
regarded as a continuing part of the law of the Colony, and that the
renewal of this exceptional measure should not be regarded as automatic.
Grateful therefore if in future you will forward a full report before
the end of each six monthly period should you wish to recommend the
further continuance in force of this Regulation.
x100-10/63-48905
olonial Secretariat
SAVINGRAM
file No. 23/325MARO Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date
14th May,]
1954
No.
ៗៗៗ...
SECRET
94
24 A 154
29
157488/86/01
3
1953, and my telegram No. 320 of 11th May, 1954.
Your secret telegram No. 936 of 16th October,
25429
A
Emergency Regulation 116A
Figures given in my savingram No. 836 of 10th June, 1953, as
amended by my savingram No. 1371 of 25th September, 1953, should be
brought up to date by the deletion of the last column
August 1953" and the substitution therefor of the
Hi C 488/85/ headed "January
following:-
A Crimes involving arms
1953
Jan-March
1954
Murder and attempts (involving firearms)
5
Armed robberies and attempts
28
5
Armed highway robberies and attempts
12
CA
3
Armed robberies in British waters
2
1
93
21
Possession of arms (or explosives)
Other crimes involving arms (or
explosives)
4
8
B-Ratio of Armed to Unarmed Robberies
1953
Jan
March
1954
Armed
Unarmed
2.
42
62
9
18
;
These figures show that the decline in the number of
crimes involving arms since the introduction of regulation 116A in
October, 1950, continues but I do not consider that they yet show
justification for the repeal of the regulation.
3.
The figures for the possession of arms during 1953 are a clear
indication that there are still too many illicit firearms in the Colony.
Whilst many of the weapons seized were apparently designed for
'political' purposes outside the Colony, there is always the possibility
that even these may be used here if political or economic conditions
change for the worse.
4.
The following arms were seized during 1953:-
Revolvers
45
Automatics
26
Rifles
52
Machine Guns
10
Shot guns
5
Carbines
C.S. 49
200x100-10/53-A6995
SAVINGRAM
To the Secretary of State for the Colonies,
From the Governor, Hong Kong.
Date
No. ..............
2
5. Two Chinese males have recently been convicted and sentenced to death
under this regulation on 8th April, 1954. Appeals have not yet been
heard.
6.
On the advice of Executive Council
and for the reasons given above I recommend that the regulation should
continue in force for a further period of six months.
DOCL:b
95
200x100-10/81-A3995
Colonial Secretariat
file No. 3011/46
SAVINGRAM
To the Secretary of State for the Colonies. Administering the Government
From the Governor, Hong Kong.
Sex below
(1) ستل
September, 1954
Date
1501
No.
92
CE
JOSEP 1954
1946.
1.
Mr. Creech Jones' Circular Savingram of 18th July,
Emergency Legislation
In accordance with the request in the last paragraph of the
savingren under reference, I report below the general position for the
six months' period from 1st March, 1954, to 31st August, 1954.
2.
Rescission of Emergency Regulations.
The Emergency (Small Change) Regulations, 1950 (G.N.A. 195/50) were
rescinded by the Emergency (Small Change) Rescission Regulations, 1954
(G.N.A. 101/54).
5.
(a)
(b)
(c)
(a)
Amendment of Emergency Regulations,
Existing regulations were amended as follows:-
the Emergency (Special Constabulary) Regulations, 1950 (G.H.A. 270/50)
were emended by the Emergency (Special Constabulary) (Amendment)
Regulations, 1954 (G.N.A. 106/54) so as to increase the number of
instruction periods which are required for efficiency in the Special
Constabulary and to provide penalties for special constables who fail to
apply themselves in training, who do not obey orders or who fail to
report for duty when called out on active service.
The Emergency (Resettlement Areas) Regulations, 1952 (G.N.A. 6/52) were
amended by the Emergency (Resettle- ment Areas) (Amendment) Regulations,
1954 (G.N.A. 70/54). Many former squatters have been resettled in
cottages under hire-purchase arrangements. In order that the success of
type of resettlement should not be endangered by the failure of certain
settlers to pay their hire- purchase instalments, the anending
regulations give the Urban Council discretion to cancel settlers'
permits for such failure and to require payment of compensation to them
in appropriate cases.
The Emergency (Resettlement Areas) General Rules, 1952 (G.I.A. 106/52)
were amended by the Emergency (Resettlement Areas) (Amendment) General
Rules, 1954 (G.N.A. 67/54) which provide for action to be taken against
the erection or maintenance as well as the occupation of any structure
or land in any resettle- ment area, without permission of the Urban
Council.
The Importation and Exportation Ordinance (Chapter 50) as modified by
the Emergency (Importation and Exportation Ordinance) (Amendment)
Regulations, 1955 (G.N.A. 99/55) was amended by the Emergency
(Importation and Exportation Ordinance) (Amendment) Regulations, 1954
(G.N.A. 81/54) to remove doubt in interpretation.
763-A8995
I
I
SAVINGRAM
To the Secretary of State for the Colonies.
Administering it
From the Governor, Hong Kong.
Date
No.
t
1
93
4.
(a)
New Emergency Regulationa.
The following new regulations were enacted
This
The Emergency (Provisional Resettlement Areas) Regulations, 1954
(G.11.A. 53/54), which provide for control of activities within the new
resettlement area at Shek Kip Mei. resettlement area differs from other
resettle- ment areas in that Government constructs and owns the
buildings in it.
(b) The Emergency (New Territories Resettlement
Areas) Regulations, 1954 (G.N.A. 83/54). These regulations provide for
the setting up and administration of resettlement areas in the New
Territories.
GTH:b
Mr. Littler 1/10
Mr.
Mr.
Mr.
fo
mhntZE
File No. MKT 319/22/01
Permt. U.S. of S.
Parly. U.S. of S.
Minister of State
No comments yet.
Private notes are available after approval.