Minister of State
Secretary of State
En clair or
Code
Cypher
отр
(13)
Governor
Stang ting
Urgency classification :-
Nil
Reply urgently required
Priority Immediate
Emergency
Your savingpam
390
No. 517.
Emergency Regulation 1164
I
approve
81
Savingrams only.
Your reference
Serial No.
Reciphered tent
Time and date
1900 huma 18/4/55
Security classification:
Unclassified Restricted Confidential
Secret Top Secret Guard
continuance in force of Emergung
Regulation 116A for a further period of
six
195
months for
the
1qu April 1955.
10 AM 1955
fecer
Distribution :-
NOT COPIED
Further action :-
(27001) (2) W1 27149 5593-2,500 pada 10/50 G.S.SL
Supplement No. 2
TO THE
HONG KONG GOVERNMENT GAZETTE
Published by Authority
SUP. TO GAZETTE No. 31|
FRIDAY, JULY 15, 1955.
[VOL. XCVII
No. A. 71.
15
75
EMERGENCY REGULATIONS ORDINANCE.
(Chapter 211).
EMERGENCY (Agricultural POISONS) REGULATIONS, 1955.
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, the Governor in Council has made the following
regulations-
1. These regulations may be cited as the Emergency Citation
(Agricultural Poisons) Regulations, 1955, and shall come into and com-
operation on the 15th day of July, 1955.
mencement.
2. In these regulations, unless the context otherwise Interpre-
requires-
"agricultural poison" means any poison specified in the Schedule and
includes any preparation or substance containing such poison;
"Director" means the Director of Agriculture, Fisheries and
Forestry;
tation.
76
346
(Cap. 50).
(Cap. 138).
Prohibition of acquisi- tion and use etc. of
agricultural poisons.
of posses-
sion of
THE HONG KONG GOVERNMENT GAZETTE.
"export" and "import" bear the same meanings as they are expressed to
bear in the Importation and Exportation Ordinance;
"registered", "pharmacist" and "authorized seller of poisons" bear the
same meanings as they are expressed to bear in the Pharmacy and Poisons
Ordinance.
3. (1) No person shall, after the coming into operation of these
regulations, acquire, obtain, purchase, receive, import or use any
agricultural poison.
(2) Save as is permitted by these regulations, no person shall, after
the coming into operation of these regulations, deal with, transfer,
sell, export or otherwise dispose of any agricultural poison.
(3) Any person who contravenes the provisions of this regulation
shall be guilty of an offence.
Prohibition 4. (1) The Director or any person authorized by him in that
behalf may, in his absolute discretion, issue to any person agricultural
a permit in writing to have in his possession any agricultural
poison,
poipon without
permit.
Method of disposal
(2) Every permit in writing issued under this regulation shall be given
a serial number and any such permit may contain such conditions as the
issuing authority may think necessary or expedient to impose and any
such permit may be revoked by the issuing authority at any time.
(3) No person shall, on or after the 15th day of August. 1955, have in
his possession or custody or under his control any agricultural poison
unless he is in possession of a permit issued under this regulation.
(4) Any person who contravenes the provisions of paragraph (3) of this
regulation or any condition of a permit issued under this regulation
shall be guilty of an offence.
5. (1) Any person who on the coming into operation of these regulations
has in his possession or custody or under his control any agricultural
poison shall before the 15th day of agricultural August, 1955, dispose
thereof by either-
before the appointed day of
poison in
possession
at date of
commence- ment.
(a) delivery to the Director; or
(b) direct export from the Colony to a consignee outside
the Colony.
SUPPLEMENT No. 2, JULY 16, 1955.
(2) Paragraph (1) of this regulation shall not apply to any person to
whom a permit is granted under regulation 4.
(3) Upon delivery of any agricultural poison to the Director in
accordance with paragraph (1) of this regulation the same shall be
deemed to be the property of the Crown free from the rights of any
person.
(4) Any person who contravenes the provisions of paragraph
(1) of this regulation shall be guilty of an offence.
6.
947
holders of
The holder of a permit issued under regulation 4 may Disposal by at any
time during the validity of such permit dispose of the permits.
agricultural poison to which it relates by direct export from the Colony
to a consignee outside the Colony.
1. (1) The Director may authorize any public officer to Inspections be
an inspector for the purposes of these regulations.
(2) Any such inspector shall, for the purpose of enforcing these
regulations, have power-
(a) at all reasonable times to enter the premises of any registered
pharmacist, any authorized seller of poisons and any person who is the
holder of a permit under regulation 4 of these regulations;
(b) at any time to enter any place or vessel in which he has reason to
suspect that an offence against these regu- lations has been committed;
(c) to make such examination and inquiry and to do such other things,
including the taking on payment therefor of samples, as may be necessary
for the purposes of inspection;
(d) to seize and detain any agricultural poison or anything which he
reasonably suspects to be an agricultural poison.
(3) Any person who wilfully resists or obstructs an inspector in the
exercise of his powers under paragraph (2) of this regula. tion, or who
refuses to allow any sample to be taken in accordance
and en- forcement.
77
78
79
349
[reg. 2.]
348
Forfeiture.
Penalty.
Vicarious liability.
Evidence. Analyst's certificate.
THE HONG KONG GOVERNMENT GAZETTE.
with the provisions thereof, or who fails without reasonable excuse to
give any information which he is duly required to give there- under,
shall be guilty of an offence.
8.
(1) A magistrate, on application made on behalf of the Crown, shall
order that any agricultural poison with respect to which any offence
against these regulations has been committed. and any agricultural
poison found in any place or vessel without any apparent owner, shall be
forfeited to the Crown, whether or
any offence. not any person has been convicted of
(2) Upon the making of an order of forfeiture under this regulation,
the agricultural poison to which such order relates shall be deemed to
be the property of the Crown free from the rights of any person.
9. Any person who commits an offence against these regulations shall be
liable to a fine of five thousand dollars and imprisonment for twelve
months and in the case of a continuing offence to a further fine of one
thousand dollars for every day subsequent to the date on which he is
convicted of the offence during which the contravention continues.
10. Wherever any person is accused of an offence against these
regulations any material fact known to an employee of the accused person
shall be deemed to have been known by the accused person and it shall
constitute no defence that an employee acted without the authority of
the accused person.
11. (1) A certificate signed by the Government Chemist, or by a person
appointed by the Governor to make analyses for the purposes of these
regulations, if it purports to relate to any agricultural poison, shall
any proceedings under these regula- tions be conclusive evidence as to
the facts stated therein.
(2) Any such certificate purporting to be signed by the Government
Chemist or person appointed by the Governor to make analyses shall,
until the contrary is proved, be deemed to have been signed by him.
SUPPLEMENT No. 2, JULY 15, 1955.
SCHEDULE.
Phosphorus compounds, the following-
Bis-dimethylaminophosphorous anhydride; Diethylparanitrophenyl
thiophosphate:
Hexaethyl tetraphosphate; Octamethyl pyrophosphoramide;
Tetraethyl pyrophosphate:
together with homologous and related compounds.
COUNCIL CHAMBER,
13th July, 1955-
D. C. C. Leppington,
Clerk of Councils.
Explanatory Note.
(This note is not part of the regulations, but is intended only to
indicate their general purport).
Certain organic phosphorous compounds which were originally produced for
war purposes have now been developed for use as insecticides and have
been recently imported into the Colony for sale to farmers. The more
common of these are known as "Folidol E. 605", "Fosfex". "Barudin" and
"Duphar". These insecticides, even when diluted, are highly dangerous to
all forms of animals life and several accidental deaths (both of human
beings and of cattle) have occurred as a result of lack of appreciation
of the extreme care necessary when using them for agricultural purposes.
2. It is therefore considered essential in the public interest to take
drastic measures to preclude the possibility of further accidental
deaths resulting from their use. These measures are contained in the
Emergency (Agricultural Poisons) Regulations, 1955, the principal
provisions of which
are
(a) the acquisition, importation and all use of these insecticides are
banned forthwith (regulation 3);
(b) possession of these insecticides is prohibited as from 15th August,
1955 (regulation 4). It will therefore be necessary for all those in
possession of stocks to dispose of them before that date in accordance
with regulation 5. That regulation provides two alternatives, the first,
intended for farmers who hold small stocks for agricultural use,
requires delivery to the Director of Agricul- ture, Fisheries &
Forestry, whilst the second, intended for persons who hold stocks for
sale, requires export from the Colony before the 15th August, 1955.
Should export within this time prove impracticable in any particular
case, the Director of Agriculture. Fisheries & Forestry has discretion
to issue a permit allowing possession until export proves possible.
350
THE HONG KONG GOVERNMENT GAZETTE.
tel authority is given to the Director of Agriculture, Fisheries &
Forestry to appoint inspectors for the purpose of enforcing the
regulations and to magistrates to order forfeiture of insecticides in
respect of which the law is broken (regulations 7 and 8); (d) a maximum
penalty of a fine of five thousand dollars and imprison- ment for a year
is specified for contravention of the regulations (regulation 9).
(Secretariat 2.3781-55)
PRINTED AND PUBLISHED Π THE GOVERNMENT PRINTER. HONG KONG
80
C.B. 49
200x10^-10/63;A8995
Colonial Secretariat file
Ilo. 2/5011/46
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
16
REGIST.
Date
13
September, 1955,
159
› 73
1483
No.
に
COLC.
1.
below (1)- Mr. Creech Jones' Circular Savingram of 18th July, 1946.
In accordance with the request in the last paragraph of the
savingram under reference, I report below the general position for the
six month period from 1st March, 1955, to the 51st August, 1955.
2.
Defence Regulations. The Compensation (Defence) Notice of
Claim Rules 1955 (G.N.A. 23/55) made under the Compensation (Defence)
Regulations, 1940, determined the form in which claims for compensation
in respect of the requisition of vessels should be made.
3.
Emergency Regulations.
Under the Emergency (Provisional Resettlement Areas)
Regulations, 1954 -
4.
(1)
the Governor declared two areas of Crown land to be provisional
resettlement areas; (G.II.A. 29/55 and 61/55)
(ii) the Urban Council varied the Third Schedule thereof by the
addition of a general condition requiring occupants in resettle- ment
areas to provide portable dustbins. (G.II.A. 52/55).
New Emergency Regulations. The Emergency (Agricultural
Poisons) Regulations, 1955, (G.H.A. 71/55) made under the Energency
Regula- tions Ordinance (Chapter 241) provide
(i) that certain phosphorus compounds became 'agricultural poisons';
5.
(ii)
that the acquisition or use thereof is prohibited;
(iii)
that the possession thereof without a permit is prohibited; (iv) for the
disposal of such poisons in the possession of persons at the date of the
commencement of the regulations, and
(v) for offences, penalties and forfeiture.
Amendment of Emergency Regulations. The existing
regulations were amended as follows
(a) the Emergency (Principal) Regulations, 1949 were amended by
the Emergency (Principal) (Amendment) Regulations, 1955 (G.H.A. 74/55)
(b)
(i) by the addition of a definition of "radar apparatus";
(ii) by giving to the Competent Authority power to regulate
the use of rireless transmitting, vireless receiving and radar
apparatus, instead of dividing this power between the Competent
Authority and the Governor (umier regulation 91, now rescinded) as was
formerly the case;
the Importation and Exportation Ordinance (Chapter 50) an modified by
the Emergency (Isportation and Exportation Ordinance) (Amendment)
Regulations, 1955 and 1954 (G.J.As. 99/55 and 81/54) was amended by the
Emergency (Importation and Exportation Ordinance) (Amendment)
Regulations, 1955-
+
C.B. 49
Jx107-10/53-A8N5
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date
No.
+
00
74
(i)
(ii)
(iii)
(iv)
(v)
(vi)
by the clarification of subsection (5) of section 6 relating to
unauthorised transfers of permits, certificates and licences;
by extending the powers of entry and search granted to an authorised
officer by subsection (1) of section 9 to enable him to enter and search
the premises of an applicant for a licence for the purpose of verifying
the particulars furnished by such applicant;
by increasing the fines which may be prescribed by regulations under
section 15 from $2,000 to $5,000;
by enacting a new section 14A providing a time limit of one year within
which offences against the Ordinance are to be prosecuted;
by modifying the provisions of section 15 relating to forfeiture
including the empowering of the Director of Commerce and Industry to
restore seized vehicles, vessels and articles instead of applying for
forfeiture, and the making of a certificate of the Director of Marine
conclusive evidence where it shows the tonnage of a vessel for which
for- feiture is applied to be less than 200 gross tons;
by the amendment to section 9A, consequential to the amendment referred
to in (v) above giving protection to the Director of Commerce and
Industry where he restores goods instead of applying for forfeiture.
RJCH:D:b
R
FILE No. fed 9/404/01
DRAFT TELEGRAM/
Mr. Howard Stude
Mr.
Mr.
*Mr.
Sir
'SAVINGRAM
* The word Priority may, if necessary, be entered here.
Addressed to :-
19/10 et on a
+ L
Repeated to:-
for Hong Kong,
Number.
1037
17
72
Savingrams only.
Your reference
Serial No.
Medium :-
Permt. U.S. of S.
Parly. U.S. of S.
Ea chip or
Minister of State
Secretary of State
Cypher
Samplin
(16)
Urgency classification :-
Nil
Reply urgently required Priority
Immediate
Emergency
Your saving.
Time and date
14.00
hours
19/10/055/1
Security classification -
Unclassified Restricted Confidential Secret Top Secret Guard
Nov. 1483
Emergency Regulation
Grateful &
beam whether
of heap Regulation 1167 in
Distribution-
NOT COPIED
No copies.
(14)
Further action
B.U. 2 weeks.
(Keep bums
27801) (2) W12714-5593 2,500 pads: 10:50
humake
TAZIO
Eau pus
propore
Fore for a
further period of
six months
My Fading samn) No
390 refers
telef
C.B. 49
200×100-10/55-A8096
File No. 23/3231/50
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
th
Date
October 1955..
:
No. 16.67
1890
70
100CT 1955
SECRET
(14)
FED) 9/407/01
Your telegram No.390 of 18th April 1955.
Regulation 116A of the Emergency (Principal)
Regulations, 1949.
I attach an analysis of offences from 1949 to the 12th September
1955 involving the use of arms. In the six months ending 30th June 1955
the number of such offences rose to 72, an increase of 6 over the number
for the previous six months. This increase was mainly due to the large
number of armed highway robberies that occurred in May 1955; daggers
were used in the majority of cases,
2.
Seizures of firearms in the six months ending 30th June 1955 and in
the preceding six months were as follows, showing a decided increase :-
1/7/54 - 31/12/54
1/1/55 - 30/6/55
Revolvers
Automatics
Rifles
Machine Guns
Carbines
Shotguns
Harpoon Guns
5
2
1
ANALI
2
12
ལས། སྐུ
6
5
6
3
KO LEVKO KEY RI
25
3.
No prosecution under this regulation has been undertaken in the
period since your telegram under reference.
4.
With the unanimous advice of my Executive Council, I recommend that
Regulation 116A of the Emergency (Principal) Regulations, 1949, should
remain in force for a further period of six months from the 20th October
1955.
пы
BDW/aja
FAR EASTON
11 OCT 1955
A Crimes involving arms
SECRET
71
1949 1950 1951
1952 1953 1954 1955 (to 12.9.55)
Murder (involving firearms)
5 10
7
2
תי
5
1
1
Armed Robberies and
attempts
129
191
55
42
28
14
9
Armed Highway Robberies
32
39
15
36
12
19
26
Armed robberies in British
waters
20
24
2
4
2 3
2
Possession of arms (or
explosives)
136
170
93
69 93
62
24
Other crimes involving
arms (or explosives)
4 13
2
4
39
30
Armed
Unarmed
B Ratio of Armed and Unarmed Robberies
1949 1950 1951 1952 1953
1952 1953 1954 1955 (to
12.9.55)
181
254
72
82
42
36
34
41 39
55
53
62
72
37
Regulation 116A was introduced in October, 1950.
-
DRAFT
FILE No. FED 9/401/01
TELEGRAM/*
SAVINGRAM
* The word Priority may, if necessary, be entered here.
Mr. Hemand. She..
Mr....
Mr.
Mr.
- Mr..
No comments yet.
Private notes are available after approval.