Sir
Permt. U.S. of S.
Parly. U.S. of 5.
Minister of State
Secretary of State
Governan
Addressed to :-
Number.
Home Viong
1044
Repeated to :--
Medium:
I
En clair or
Code
Cyr
Cypher
Hong kong,
Urgency classification :-
Nil
Reply urgently required
Priority
Immediate
Emergency
1769
Savingrams only.
Your reference
Serial No.
Sand Singlin
Time and date
1930 20/10
hours
1955
Security classification :-
Unclassified
Restricted Confidential
Secret Top Secret Guard
。 (15)
Your tax savingram No. 1607
Emergency Regulations.
continuance in force
exprove
NOT COPIED
A
Distribution :-
of
20
Emergency Regulation 1169 for
в
further period of 6 months from
• October 155'5"
cancel
2. Please my telegram
No. 1037.
荨
No copies
Further action :-
(801) 2) Wt 27143-5593 2,500 pads 10,50 G.5.St.
1
SECRET
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
COPY FOR REGISTRATION
OCT
21
AXI
1955
I
H
FROM HONG KONG (Sir A. Grantham)
20
68
Cypher
D. 20th October, 1955.
(0.T.P.) R. 20th
1t
12.15 hrs.
SECRET No. 977.
(17)
(18)
Your telegram No. 1037.
Emergency Regulations 116A.
Continuance in force for further six
months was recommended in my savingram No. 1607
of 4th October despatched Schedule 43 of 5th October, received by your
10th October. Please telegraph if additional copies required.
fc.s. 40.
Colonial Secretariat file
No. 7/5011/46
SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong,
Voorh
444
67
Kalos (1)
Date
дек
March, 1956...
433-
No.
CE
Mr. Creech Jones' Circular Savingram of
18th July, 1946.
Emergency Legislation
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 September, 1955, to the 29th February, 1956.
2.
Amendment of Emergency Regulations. Existing regulations
were amended as follows -
(a) The Emergency (Squatter Clearance) Regulations, 1953,
were amended by the Emergency (Squatter Clearance) (Amendment)
Regulations, 1955, so as to place on owners of land and of buildings
thereon the onus of proving that any particular building or structure is
not illegal, that is to say that it is a building in accordance with the
terms of the Crown lease or permit under which the land is held. Failure
by the owner to supply proof which satisfies the competent authority
entitles the competent authority to treat the building as an unlawful
structure and subject to his powers under these regulations.
(b) The Emergency (Agricultural Poisons) Regulations, 1955, were amended
by the Emergency (Agricultural Poisons) (Amendment) Regulations, 1955 -
5.
(1)
by the appointment of the Director of Commerce and Industry as a
competent authority in addition to the Director of Agriculture, Forestry
and Fisheries;
(ii) by empowering a competent authority to issue
permits to import, export, use and deal with the insecticides governed
by the regulations to enable these insecticides to be shipped in transit
through the Colony and to be used within the Colony for the purposes of
research;
(iii) by the appointment of 'authorized officers' under
the Importation and Exportation Ordinance, Cap. 50, as inspectors for
the purposes of these regulations.
No new emergency regulations were made and no existing emergency
regulations were repealed during the period.
13 MAR 1958
DRAFT
Mall immell. 23/3
Mr. Ashton 34.
Mr.
Mr.
Sir
avance
FILE No...
TELEGRAM/*
121) 9/407/07
*SAVINGRAM
* The word Priority may, if necessary, be entered here.
Addressed to:
Repeated to
山
Reid Ted Beth
Permt. U.S. of S
Parly U.S. of S.
Minister of State
Medium:
En clair or
Code
Secretary of State
Distribution:-
N
eppy
65
Number. Savingrams only.
fovernor,
Hang Khung 290
Кор
Urgency classification:-
Nil
Reply urgently required
Priority
Cypher Simplex Impediate
(i)
NOT COPIED
Further action:
Bu. I wk.
(11576) L. 149816792 2,500 pada 7/53 C.&Co. 745(6)
Emergency
Your savingro
Your reference
Serial No.
Sunflex
Time and date
0130
...
hours
5.4 1956.
Security classification:-
Unclassified Restricted Confidential Secret
ཨ།
To Secret Guard
au
по 43 ј
Emergency Legislation.
Contents noted.
3 Grateful breceive your early
recommendation
Future of
Regulation 116A in good kime
Mu
SECRET
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
FROM HONG KONG (Sir A. Grantham)*
Cypher (0.T.P.)
COPY FOR CISTRATION
PRIORITY
SECRET
No. 274.
D. 5th April, 1956.
+1 R. 5th
10.50 hrs.
Your telegram No. 290.
Emergency Legislation.
(22)
I propose to rescind Regulation 116A. Explanatory savingram
follows by bag leaving 6th April.
64
0/83-A8995
Secretariat File: 23/3231/50
SAVINGRAM
To the Secretary of State for the lonies.
From the Governor, Hong Kong,
Date
No. 6o.g
118
Z
6 April, 1956.
PRIORITY
CONFIDENTIAL
..
#5 ONICE
10A.M.906 COLMIAL OFFICE
(19)
(98)
(1) My savingram No. 1607 of 4th October, 1955
and your telegram No. 1044 of 20th October, 1955.
Regulation 116A of the Emergency (Principal) Regulations, 1949.
Statistics of offences involving arms from 1949 to 1955 are attached.
2.
The figures disclose no marked change in the annual total since 1951,
the year after the introduction of this Regulation, although there have
been increases in armed robberies. But the proportion of armed to
unarmed crime was very much smaller in 1955 than in 1950 when Regulation
116A was first introduced.
3.
While therefore there has been no significant drop of late in the
number of offences involving arms, I have felt bound to take into
account the recent vote in the House of Commons in favour of the
complete abolition of the death penalty. It has seemed to me that very
strong grounds would be required in the light of this vote, if your
approval were to be sought for the retention of a regulation providing
death for an offence where no death is caused.
4.
I should mention here that the Acting Attorney General had, before the
vote was given in the House of Commons, indicted three persons under
this regulation. After consulting me, he entered nolle prosequi in each
of these cases and proceeded on other charges punishable with life
imprisonment. This action was prompted by the possibility that
conviction under regulation 116A in these cases might have attracted
criticism and publicity in the United Kingdom, to the extent of
prejudicing con- sideration, in due course, of the death penalty for
murder in Hong Kong.
5.
I no longer therefore feel able to press for the retention of this
Regulation, and propose, with the advice of my Executive Council, to
rescind it at an early date.
6.
I should however emphasise that if the situation in the Colony were to
deteriorate at any time it might become necessary to re-introduce this
Regulation.
DWBB/OS
MEDK
MPR 1956
6/4
Have
62
J
A
Crimes involving Arms
1949
1950 1951 1952
1952 1953
1953
1954 1955
63
Murder involving firearms
5
10
7
2
5
1
4
Armed robberies and attempts 129
191
55
42
28
14
22
Armed highway robberies
32
39
15
36
12
19
45
Armed robberies in British
waters
20
24
2
4
2
3
3
Possession of arms (or
explosives)
136
170
93
69 93
62
39
Other crimes involving arms
(or explosives)
4
13
2
4
39
39
TOTALS:
326 447
172 155
144 138
152
B-
-
Ratio of Armed and Unarmed Robberies
1949 1950 1951 1952 1953 1954 1955
Armed
Unarmed
181
254 72
82 42
36
70
41
39 55
53
62
72
67
Regulation 116A was introduced in October, 1950.
*NALTY
HONGKONG APRIL 27. REUTER - THE GOVERNMENT OF HONGKONG TWAY LIFTED
AN EMERGENCY REGULATION PROVIDING THE DEATH PENALTY FOR THE UNLAWFUL
POSSESSION OF BOMES, GRENADES AND MINES.
H556
THE REGULATION WAS IMPOSED IN OCTOBER, 1950, AMID A CRIME WAVE INVOVING
THE USE OF ARMS. A GOVERNMENT SPOKESMAN SAID TODAY THE NUMBER OF ARMED
CRIMES HAD DECLINED AND THERE WAS NO LONGER SUCH A GRAVE RISK TO PUBLIC
SAFETY REUTER DJ.. 1021
53
.95
دان
61
1531
Ket
27/4
Church HouDE,
Great Smith Street, London, S.1.1.
17
PED.289/499/01
tent
SECRET AND GUARD
30th April, 1956.
58
You may recall that, in addressing the Chinese Government in
Peking and the Nationalists in Formosa about the release of the Chinese
N-tionalist aircraft and pilot, H.M. Government made it clear that if in
future it were considered that Hong Kong's facilities were being
deliberately abused, the Hong Kong Government would hold itself free to
take whatever action it deemed necessary to deal with such abune. The
question remained of how to put teeth into this declaration and in our
telegram No. 17% to Hong Kong (sent when it was expected that a public
announcement would be made about the disposal of the aircraft and pilot)
we had told the Governor that he would be addressed separately on the
question of taking emergency powers to facilitate in future the
detention of the orews of aircraft and ships as well as the vesnals
themselves.
2. The Governor already has the necessary power to detain aircraft under
regulation 50 (copy enclosed) of the Emergency (Principal) Regulations,
1949, but no power to detain pilots. Even regulation 50 does not
specifically authorise detention of a ship or aircraft, but under
paragrapha 1 (a) and (3) a ship or aircraft my be prohibited from
leaving Hong Kong and steps my be taken to enforce compliance. The
practical effect is therefore that of detention.
3. It is now necessary to advise the Governor on how best to provide in
the Emergency Regulations for the detention of crews and passengers
also. In section 2(1) of the Emergency Regulations Ordinance, 1922,
which empoweza the Governor in Council, on any occasion which he may
consider to be an cocasion of emergency or publio dan ̈er, to make any
regulations atsoever
/which
C. T. CROWE, ESQ.
I
59
which he my consider desirable in the public interest, it would seen
that he has the power to do so. The best course would probably be for
the Governor to make a new regulation, covering the detention of
warships, military aircraft, and military vehicles, and of their crews
and passengers, when entering the jurisdiction of the Colony during
journeys for warlike purposes. ▲ comprehensive regulation of this kind
would enable the Governor to avoid using regulation 50, which is
imperfect for this purpose, as explained in paragraph 2 above. It
appears that such a regulation might still be contrary to international
law, in that it would involve the detention of people and machines
involved in hostilities in respect of which H.M. Government do not
recognise a state of belligerency. This difficulty was however not
overlooked when the case of the disposal of the Chinese Nationalist
aircraft and pilot was under consideration and the fair warning, quoted
in paragraph 1 above, which has been given to the Coumundats and
Nationalists, could be held to be sufficient justification for the
measures to which we are now committed if that warning is to be more
than an empty threat.
We should also advise the Governor whether he should make the emergency
In our view there regulation now or only when it is required for
immediate use. is everything to be said for making it now. Thin would be
an intelligible. step in succession to the warnings given to the
Communista and Nationalists and, if the Governor ever had to invoke the
regulation to make detentions, it would be much better for him to be
doing so under a regulation which had been in foros before the incident
occurred than for him to make a regulation to meet the circumstances of
the incident after it had occurred; the latter method might appear
underhand to public opinion.
5. We should be glad to have in the near future any Foreign Office view
on the contents of the regulation which the Governor should be advised
to make and on its timing.
6.
It would be convenient for us to advise the Governor at the same tima on
the procedure for dealing with warships and military aircraft calling at
Hong Kong for refuelling or repairs. He sought our advise on this in his
telegram No. 121 of 15th February 1955 and Harris of this office wrote
to Murray about it on 21st February 1955; reminders were sent on 9th
March,
/4th May
60
4th May, 18th June, and 4th November of that year, but we have no reonzi
of any reply! In the light of our recent experience with the Nationalist
aircraft and the warning mentioned in paragraph ↑ above, we now think
that the Governor should consult the Secretary of State by telegras in
sech osat, before deciding whether to give service to and release the
ship or sizuraft or to detain it in socordance with the mergency powers
now under diaqussia An empeption to this procedure would be American
ships or planes; subject to your views, it is inconseivable that service
should be denied then, that the drews sỹould be forbidden to land, or
that the machine or the men should be detained. The Governor might be
advised to give any acoessary help to the Americans (as he evidently
envisaged doing) and to tell the Secretary of State as quickly as
possible afterwards. At the same time he might be told whether the
Foreign Office would propose, either now or in the next period of
emergency in that area, to advise the United States Government or the
Nationalists in the sense of parag aph 2 of telegram No. 121 of 1955
from Hong Kong. Perhaps we could have your comments on this also.
(J. B. Johnston)
SECRET AND GUARD
SAVING
で
27!
FED 604/499/01
56
From the Secretary of State for the Colonies
To the Officer Administering the Government of HONG KONG
Date 19 No. 1202 Saving
July, 1956
SECRET AND GUARD
t
Control of Movements of Aircraft, Ships and Vehicles, and their
Crews and Passengers.
You will recall that, in addressing the Chinese Government in Peking and
the Nationalists in Formosa about the release of the Chinese Nationalist
aircraft and pilot, Her Majesty's Government made it clear that, if in
future it were considered that facilities in Hong Kong were being
deliberately abused, the Hong Kong Government would hold itself free to
take whatever action it deemed necessary to deal with such abuso. The
question remained of the powers necessary to give effect to that
declaration and in paragraph 6 of my telegram No. 174 (sent when it was
expected that a public announcement would be made about the disposal of
the aircraft and pilot) I said that I would address you separately on
the question of taking emergency powers to facilitate in future the
detention of the crews of aircraft and ships as well as the vessels
themselves.
2. As pointed out in paragraphs 7 and 8 of your telegram No. 90, you
already have the necessary power to detain aircraft under Regulation 50
of the Emergency (Principal) Regulations, 1949, but no power to detain
pilots. Even Regulation 50 however does not specifically authorise the
detention as such of a ship or aircraft but under paragraphs 1(a) and 3
a ship or aircraft may be prohibited from leaving Hong Kong and steps
may be taken to enforce complianco. The practical effect is therefore
that of detention.
3. It seems desirable however that steps should now be taken to provide
for the detention of crews and passengers also, and it appears that
Section 2(1) of the Emergency Regulations Ordinance, 1922, contains the
necessary legal authority for doing so. I should be glad therefore if
you would consider making a comprehensive regulation covering the
detention of ships, aircraft,
vehicles, and of their crows and passengers, whenever it appeared to you
"to be necessary or expedient in the public interest" to take that
action. This should enable you to avoid using Regulation 50, which as
indicated in paragraph 2 above, is imperfect for the purposes in mind.
Li
In theory at least it would be possible for the now regulation to be
applied in a manner inconsistent with international law. That risk has
been reduced by giving to the Comunista and Nationalists the fair
warning quoted in paragraph 1 above, but it remains desirable that the
regulation should only bo used in casus in which its application could
reasonably bo defended, either by roference to that warning or in other
terms. Because public controversy might arise about the justification
for such action, I should be grateful if you would consult me on each
occasion before making use of the regulation.
5. There would seem to bo advantage in making the regulation in the near
future, rather than on an occasion when it was roquired for immediate
use. To make it now would be an intelligible step in succession to the
warnings given to the Commists and the Nationalists and, if it ever had
to be used, the action of the Hong Kong Government could be more easily
justified to public opinion than if the regulation had boun made to meet
the circumstances of a current incident in which it was to be used.
/6.
57
I
1
6. I take this opportunity to refer also to the procedure for dealing
with warships and military aircraft callin, at Hong Kong for refuelling
or repairs. This was the subject of your telegram No. 121 of 15th
February, 1955, and I greatly regrot that you have not, had earlier
comments. In the light of recent experience with the Nationalist
aircraft and of the warning muntioned in paragraph 1 above, and in view
of the political repercussions of those decisions, I should be grateful
if (save in emergency circumstances which preclude it) you would consult
mo by telegram in each case not only before deciding whether to detain a
ship, aircraft, or vehicle, in accordance with the regulation now under
discussion, but also before deciding whether to give service to the ship
or aircraft and release it. An exception to this procedure ..ould be
ships or aircraft of the United States Government. I do not consider
that service should be denied them, that their crews or passengers
should be forbidden to land, or that ships, aircraft or men should be
detained. I therefore agree that, as you proposed, you should give any
necessary help to the Americans but should be grateful if you would
inform me by tologram at the time.
7. With reference to paragraph 2 of your telegram No. 121, it is not at
present proposed to issue any warnings to the Chinese Nationalists or
the United States Government to ensure that warships of their respective
navies which are damaged in fighting do not go to Hong Kong for repairs
unless they are in distress, but, if the situation again became very
serious in the Formosa Straits and warships or aircraft were involved in
hostilities, the desirability of doing so would reconsidered.
SECER.
For Executive Council Minutes
on
Regulation 1161 of the Emergency (Principal) Regulations, 1949
55
See
Volume of Ex Co Minutes
for half year
ended 30th June'sz
XCC 23
of 27.3.56. refers
(Hold in Library)
لا
C.B. 49
200x100-10/53-ABPOS
Colonial Secretariat file No. 2/3011/46
SAVINGRAM
To the Secretary of State for the Colonies.
Office Administering the Government
From the Governor, Hong Kong.
Date
1
No. 1565.
September, 1956
H531
CHIEF REGISTRAR'S OFFICE 13 SEP 1956 COLONIAL OFFICE)
2.
54
FAR EASTERN
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