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FILE NUMBER
14234/1
PART
SECRE
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FILE TITLE
1950
1EFENCE
SECRET EMERGENCY LEGISLATION
HONG KONG
PART
FILE NUMBER
14234/15
INDEX HEADINGS
3164
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FILE COPY
Rgs. fili 14.237/15/50
SUPPLEMENT NO. 2
TO THE
HONG KONG GOVERNMENT GAZETTE
Published by Authority
SUP. TO GAZETTE No. 72] FRIDAY, DECEMBER 30, 1949.
[VOL. XCI
No. A. 277.
THE EMERGENCY REGULATIONS ORDINANCE, 1922.
Regulations MADE BY THE GOVERNOR IN COUNCIL
(under section 2 of the Ordinance).
TABLE OF CONTENTS
Regulation
I-Citation.
Regulation
PART 1.
Introduction.
2-General interpretation.
3-Competent authority.
4-Authorized officers.
PART II.
Censorship and Control of Publications and means of Communication.
5-Appointment of censor and censorship.
6-Prohibited matter.
7-Prohibited publications.
8-General power of examination, etc.
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752
THE HONG KONG GOVERNMENT GAZETTE.
Regulation
-Examination, etc, of postal packets.
10-Restrictions on despatch and distribution of certain
articles.
11-Censorship on travellers.
12-Examination of consignments.
13-Newspaper permits.
14-Official communications.
15-Publication of certain matters.
16-Power to require submission of matter for censorship
before publication.
17-Censorship not to be disclosed.
18-Seizure and detention.
19--Action against printing presses, etc. responsible for
contravention.
20-Search, etc.
21-Wireless telegraphy, etc.
aa-Interference with telegraphic communications.
23-Signalling.
24-Means of secret communications,
25--Posting placards, etc.
26--Publications may be prohibited.
17-Dissemination of false reports.
28-Power to prohibit publication of names of witnesses, etc.
PART III.
Arrest, Detention, Exclusion and Deportation. 20-Arrest and power to
detain suspected persons. 30-Arrest of persons suspected of being liable
to detention. 31--Power to order detention.
32-Detained person may be ordered to leave the Colony. 33-Inhabitants of
certain areas may be ordered to leave the
Colony.
34-Declaration of special areas and duties of persons therein. 35-Use of
lethal weapons in effecting arrests.
36-Transfer of persons in custody.
37-Restriction orders.
Regulation
SUPPLEMENT No. 2, DECEMBER 28, 1949.
759
38-Special supervision.
39-Power of Governor to order dismissal and stoppage of
salary of public officer.
--Further detention after arrest UT detention under
regulation 29.
41-Power to seize weapon.
PART IV.
Control of harbours, ports and territorial waters of the Colony and
movements of vessels and aircraft. 42--General control of navigation.
43 -Control of lighthouses, etc.
44-Power to exclude British ships from particular areas.
45-Measures for safety of vessels in the waters of the Colony.
46-Control over visitors to ships.
47-Measure for safety of British ships.
48-Employment in British ships and aircraft.
49-Employment outside the Colony of agents for ships and
aircraft.
50-Entry and departure of ships and aircraft.
51-Prohibition as to supply of fuel, victuals and necessaries,
and the repair of ships and aircraft,
$2-Desertion from ships, etc.
53-Control of trade by sea.
54-Control of agreements for use or hire of, or carriage of
goods in, ships.
55-Effect of requisition, etc., on agreements for service in
ships.
56-Regulation or prohibition of the navigation of aircraft
over the Colony,
PART V.
Transport.
$7 Control of highways and territorial waters.
58-Traffic on highways.
59-Control of mechanically propelled vessels or vehicles.
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754
THE HONG KONG GOVERNMENT GAZETTE.
Regulation
60-Control of fuel, etc., required for mechanically propelled
vessels or vehicles.
61--Maintenance of highways,
62-Control of traffic within the harbours and territorial
waters of the Colony.
63-Congestion of traffic within the harbours and territorial
waters of the Colony and on railways.
64-Handling and conveyance of ammunition, etc., within the
harbours and territorial waters of the Colony,
65 Powers to stop and search vehicles including railway
vehicles and tramways.
PART VI.
Possession or control of property, undertaking or employment.
66-Taking possession of land.
67--Requisition of property other than land.
68 -Power to do work on land.
by-Use of land by His Majesty's forces and police.
70-Power to require storing, cooling, etc., services, 71--Power to
require water and power services.
72-General control of industry.
73-Controlled undertakings.
74--Control of employment,
75-Entry and inspection of land.
76-Derelict articles,
77-Avoidance of strikes and lock-outs in essential services. 78-Special
powers as to ships and aircraft.
79-Power to permit nuisances where necessary.
So-Information as to storage facilities.
81--Application of Compensation (Defence) Regulations,
1940.
PART VII.
Miscellaneous Provisions.
82--Inquiries,
83-Publicity of orders.
Regulation
SUPPLEMENT No. 2, DECEMBER 28, 1949.
766
84--Aflixing of notices,
35-Admission of statements in evidence.
86--Trials may be in camera.
87-Disposal of articles in possession of executive authority.
88--Billeting.
8--Postal services.
go-Orders for the opening or closing of premises.
91--Power to prohibit the sale, purchase or use of wireless
receiving apparatuses.
92- Telephone service.
93-Display of certain notices by certain establishments.
94-Prohibition etc., of sale of intoxicating liquor.
95-Identification.
96--Power to obtain information.
97-False statements.
98-Identification of persons in custody.
g-Powers of entry and search of premises, places, vehicles,
vessels or aircraft,
100 -Special constables,
not-Restriction on disclosing information.
102--Licences, permits, etc.
103-Fees for licences, etc.
104-Recovery of expenses.
105--Power of Governor to order use of prisoners for certain
purposes.
106-- Powers to disperse assemblies,
107-Revocation and variations of orders, etc.
108--Powers of Governor.
PART VH1.
Special Offences and penalties.
100-Injury to property.
110-Interference with His Majesty's Force, etc.
-Misleading acts and misrepresentation.
112-Obstruction.
113-Unlawful possession of and dealing with arms, etc.,
belonging to military or police forces.
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756
THE HONG KONG GOVERNMENT GAZETTE.
Regulation
114-Escape from custody.
115-Prohibition of uniforms, emblems, etc.
116-Possession and carrying of arms, ammunition, and
explosive substance.
117- Offensive weapons.
118-Consorting with person carrying or having possession of
arms or explosives.
19-Failure to report offence of carrying or possessing arms
or explosives.
120-Consorting with or harbouring
unauthorized uniformis, etc.
persons
wearing
121-Cutrying a firearm while drunk or disorderly.
122-Fire-arms, etc.
123-Prohibition of explosive substances,
124-Certain offences in closed, protected, damaged or evacuated areas to
be punishable with life imprison.
ment.
125-Interference with and damage to communications, etc. 126-Power of
Governor in Council to proscribe organization. 127-Meetings.
128-Trespassing and loitering.
129-Sabotage.
130-Seduction from duty, disaffection and propaganda.
131--Offences by corporations.
132--Alteration and improper use of licences and permits. 133-Attempt to
commit an offence to be deemed an offence, 134--Liability for offences,
135 - -Obtaining possession, where possession an offence. 136--General
penalties.
137-Commencement,
138-Repeal.
PART IX.
PART X. Repeal.
SCHEDULE.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
757
THE EMERGENCY REGULATIONS ORDINANCE, 1921.
REGULATIONS BY THE GOVERNOR IN COUNCIL.
In exercise of the powers conferred by section of the Emergency
Regulations Ordinance, 1922, as amended by the Emergency Regulations
(Amendment) Ordinance, 1949, and by the Emergency Regulations
(Amendment) (No. 2) Ordinance, 1949, the Governor in Council hereby
makes the following regulations:-
REGULATIONS.
1. These regulations may be cited as the Emergency Citation. (Principal)
Regulations, 1949.
2.
PART 1.
Introduction.
(1) In these regulations-
General inter-
10 & 11 Goo.
5, c. 80;
"aircraft" has the sanse meaning as in any Order Pretation. in Council
for the time being in force under Part 1 of the Air Navigation Acts,
1920 to 1947+
"arms" and "ammunition" shall have the respective meanings assigned to
them by the Arms and Ammunition Ordinance, 1933;
"area" includes structure;
"Attorney General" includes Solicitor General;
"authorized guard" has the same meaning as in
the Protected Places (Safety) Ordinance, 1946;
26 Geo. 5
& 1 Edw. K.
c. 44; 1 & 2
Geo. 6, c. 33; 10 & 11 Geo. 6, c. 18.
Ordinance No. 2 of 1933.
Ordinance No. 16 of
"closed area" means an area declared to be such 1946. under section 10
of the Public Order Ordinance, 1948;
וי
"enemy means any person or group of persons howsoever associated or
organized who or which the Governor in Council by notification in the
Gazette declares whether by a specific or general description to be an
enemy and includes any person or group of persons whether so declared or
not who or which has by any overt act manifested a seditious intention,
or who or which seeks in any way to promote internal disorder:
Ordinance
No. 59 of 1948.
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758
THE HONG KONG GOVERNMENT GAZETTE.
[ef. 1 Edw. 8 & 1 Geo. 6. c. 12, a. 23.]
Ordinance No. 5 of 1922.
Provided that a person shall not be deemed to be an enemy by reason only
of his taking part in or peacefully persuading any other person to take
part in a strike;
"essential service" means any undertaking, require- ment
of or service to the community which in the opinion of the Governor
signified by notification in the Gazette, is of public utility or
essential to the life of the community;
"explosive substance" includes all explosive and blasting
explosives, and it shall also include sodium nitrate (Chilian nitrate),
ammonium nitrate, nitro naphthalenes, nitro benzines, nitro toluenes,
nitro glycerines, nitro glucoses, nitro celluloses and nitro phenols;
of "firearm" means any lethal barrelled weapon any description from
which any shot, bullet or other missile can be discharged, and includes
any component part of any such weapon, and any accessory to any such
weapon designed or adapted to diminish the noise or flash caused by
firing the weapon;
"land" includes land of any category or tenure whether
covered by water or not and any erection, tree or other thing fixed
thereto and any shed, barn or other structure which although affixed to
land (which has been or is being requisitioned) in such a manner as to
be removable therefrom a competent authority specifies is required for
use in connection with such land;
"meeting" includes every assembly, entertainment,
gathering, celebration, service and ceremony, whether open to the public
or not, and every procession;
"newspaper" means any publication containing news,
intelligence, reports of occurrences, or any remarks, observations or
comments, in relation to such news, intelligence, or occurrences, or to
any other matter of public interest, printed for sale or free
distribution at regular or irregular intervals and includes a supplement
thereto;
"Ordinance" means the Emergency Regulations
Ordinance, 1922;
"pamphlet" means an unbound printed document of one or
more pages or parts attached together and containing an exposition on
some matter of current or topical or political interest;
HT
SUPPLEMENT No. 2, DECEMBER 28, 1949.
"periodical publication" includes every publication issued periodically
or in parts or numbers at intervals whether regular or irregular ;
**photograph" includes any photographic plate. photographic film or
other sensitized article which has been or otherwise treated so as to
record information, whether it has been developed or not;
■
759
"possession", in relation to arms, ammunition [cf.
Ordinance and explosive substance means arms, ammunition and explosive
No. 2 of substance found on the body, or in the custody or under the
1933, s. 2.] control, of any person;
"postal packet" means a letter, post-card, reply post-card, newspaper,
printed packet, pattern or sample packet or parcel, and every packet or
article transmissible by post;
"printing" includes lithography, typewriting, photo- graphy, and all
other modes of representing or reproducing words, figures, signs,
pictures, maps, designs, illustrations and other
like matter.
"printing press" includes every machine and apparatus used or intended
to be used for the printing of any newspaper, book or pamphlet or for
the printing, production or reproduction for gain or reward of any
printed matter;
"protected place" has the same meaning as in the Protected Places
(Safety) Ordinance, 1940;
Ordinance
No. 15 of
"public interest" includes the interests of defence or 1946. of the
preservation of public order, safety or health or of the provision or
maintenance of supplies and services essential to the life of the
community:
"publication" includes all written or printed matter and every thing
whether of a nature similar to printed matter or not, containing any
visible representation, or, by its form, shape, or in any manner capable
of suggesting words or ideas, and every copy and reproduction of any
publication;
communicate:
"publish" includes circulate.
disperse and
"requisition" means, in relation to any property, take possession of the
property or require the property to be placed at the disposal of the
requisitioning authority;
"safeguard" means any authorized guard when on duty as an authorized
guard or any member of His Majesty's Forces, or any member of any local
naval, military, air force or
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760
Ordinance No. 13 of 1938.
No. 10 of 1899.
THE HONG KONG GOVERNMENT GAZETTE.
police force, corps or reserve, or special police officer or special
constable posted for the purpose of protecting or preventing or
controlling access to any area or premises or for the purpose of
regulating traffic;
"scaplane" includes a flying boat and any other aircraft
designed to manoeuvre on the water;
"seditious intention", "seditious publications" and
"seditious words" have the same meanings respectively as in the Sedition
Ordinance, 1938;
"ship" and "vessel" have the same meanings Ordinance respectively as in
the Merchant Shipping Ordinance, 1899, but
shall not include a ship or vessel belonging to His Majesty:
"special police officer" has the same meaning as in the
Police Force Ordinance, 1948;
Ordinance No. 41 of 1948.
"supplies and services" includes any tangible or
intangible requirement of the community;
"telegram" means any article on which there is recorded
any message or other communication transmitted or intended for
transmission by any apparatus for transmitting messages or other
communications by means of electric signals;
"unlawful publication" means any publication in relation to
which an order under regulation 7 is in force, and any publication
containing any matter in relation to which an order under regulation 6
is in force and any copy or portion of a newspaper or of any issue or
number thereof printed or published in contravention of regulation 13 or
containing matter which does not comply with regulation 14, and any
document printed or published in contravention of regulation 15, and any
publication containing matter not submitted for censorship as required
by an order under regulation 16;
"wireless transmitting apparatus" means apparatus for
making communications by means of wireless telegraphy, wireless
telephony or wireless television, and "wireless receiving apparatus"
means apparatus for receiving communications or information made or
given by the said means.
(2) Any reference in these regulations to the doing of any act shall
include a reference to an act of commission or omission and, unless the
context otherwise requires, shall include also a reference to the making
of or failure to make any statement,
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(3) Any reference in these regulations to the master of
a vessel or the pilot of an aircraft shall be construed as including a
reference to the person for the time being in charge of the vessel or
aircraft, as the case may be.
(4) Any reference to the making, sending or receiving of communications
which is made in any of the provisions of these regulations relating to
wireless telegraphy, wireless telephony, or wireless television shall be
construed as including a reference to the giving of warning or
information or, as the case may be, to the receiving of warning or
information.
(5) (4) No special form shall be required for the exercise by the
Governor or by a competent authority of any power conferred by these
regulations: Provided that the Governor may authorize the use of any
form for the exercise of any such power and in such event such form with
such adaptations and modifica- tions as the circumstances of any
particular case may require shall be valid and sufficient.
(b) Nothing in paragraph (a) of sub-regulation (5) of this regulation
shall be deemed to imply that any power conferred by these regulations
is required to be exercised or communicated in writing.
761
No. 31 of
(6) The Interpretation Ordinance, 1911, save and except Ordinance
section 19 thereof, shall apply to the interpretation of these 1911.
regulations, and of any orders or rules made thereunder, as it applies
to the interpretation of an Ordinance.
3.
(1) A competent authority shall be the person appointed Competent
authority. by name or by office by the Governor in writing for the
purposes of all or any of the regulations or for any of the purposes of
any particular regulation in which such expression occurs, and any
person so appointed is in these regulations referred to as the competent
authority. Any such appointment may be made in respect of the whole or
any part of the Colony. Any appointment shall be deemed to extend to the
whole of the Colony unless otherwise expressed.
(2) Where the holder of a designated office has been appointed to be the
competent authority, then, unless express provision is made to the
contrary, the appointment shall be deemed to extend to the person for
the time being performing the duties of the office designated.
4. An authorized officer" means any police officer of or Authorized
above the rank of sub-inspector, and also the following persons:-
officers.
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762
Appoint-
censor and
THE HONG KONG GOVERNMENT GAZETTE.
(a) for the purposes of all or any of these regula- tions, any public
officer authorized in that behalf by the Governor; (b) for the purposes
of all or any of these regula- tions, any person, or member of a class
of persons, performing duties of a public nature, authorized in that
behalf by the Governor;
(e) a person holding a commission in any of His Majesty's
regular forces, or in any local naval, military or air force, corps or
reserve.
PART II
Censorship and Control of Publications and means of Communication,
8. (1) The Governor may appoint a censor of postal packet ment of and
telegrams and such number of assistant and deputy assistant censorship.
censors as he shall think fit, and the word "censor" in these
regulations includes any assistant censor so appointed.
Prohibited matter.
(2) The Governor may by warrant under his hand authorize the
Postmaster General and any person in charge of cable and radio stations
to detain and produce to the censor all postal packets and telegrams
coming into their possession either for transmission or delivery.
(3) The censor, or any person authorized by him, may open,
examine, censor or detain either permanently or for so long a period as
he may deem necessary any postal packet or telegram of any description
whatsoever which may be in course of, or intended for, transmission to,
from or through the Colony.
(4) Any person who without lawful authority transmils any telegram at
any place in the Colony or on any vessel or air- craft within the
territorial waters thereof unless such telegram has first been passed
for transmission by the censor is guilty of an offence against these
regulations.
6. (1) A competent authority may by order prohibit generally or
specially the publishing in publications of matter the publishing of
which, in his opinion, would be, or be likely to be or become,
prejudicial to the public interest.
(2) Any person who publishes any matter in contravens tion of an order
under this regulation and the proprietor and editor of the publication
in which it is published and the person who wrote, printed, drew or
designed, the matter shall be guilty of an offence against these
regulations.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
763
7. (1) A competent authority may by order prohibit the Prahibited
importation or exportation, or the printing or publishing of any tians.
publicat-
particular publication or of any publication of a particular kind [es or
character, the importation, exportation, printing or publish- No. 14 of
Ordinance
ing of which, in his opinion, would be, or would be likely to 1938.] be
or become, prejudicial to the public interest, Such prohibi- tion shall
be deemed to extend to any copy or portion of such publication.
(2) Whenever the publication affected by an order made under
sub-regulation (1) of this regulation is a periodical publication the
order shall be deemed to extend to any future issue of such publication
but shall not unless the same or a sub- sequent order so provides be
deemed to extend to any past issue of such publication.
(3) Any person who contravenes any order under this regulation and the
proprietor and editor of the publication in relation to which the
contravention occurs, and any person (unless in the opinion of the Court
he ought fairly to be excused) who has in his possession or control or
in premises of which he is the occupier, any publication prohibited
under this re- gulation or who posts, delivers or receives any such
publication, shall be guilty of an offence against these regulations.
8.
A competent authority shall have power to detain, open General and
examine or to direct the detention, opening and examination power of of-
(a) all postal packers and telegrams; and
(b) all printed or written matter and all packages, articles and things
subject to examination by the postal or customs authorities which may
contain any printed or written matter, and to withhold from delivery or
destroy any postal packet or telegram or any printed or written matter
which con- tains anything which the competent authority considers to be,
or to be likely to be or become, prejudicial to the public interest and
the competent authority and any authorized officer acting by general or
special arrangement with him, shall have all such powers as are
necessary or appropriate for the carrying out of all such measures.
examina- tion, etc.
9. (1) Any officer authorized generally or specially in that Examina-
behalf by or on behalf of the Postmaster General may require tion, etc.
of postal the sender of a postal packet, at the time of submitting the
packets. packet to a
of the post office,
expose the
to
contents
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764
THE HONG KONG GOVERNMENT GAZETTE.
Restric- tions on
despatch
and
distribution of certain articles,
packet to such officer and, after the contents have been examined to
close the packet in the presence of such offieer and hand it over to
such officer forthwith.
(2) Any person who contravenes any such requirements shall be guilty of
an offence against these regulations, and, in addition, the officer may
refuse to accept the postal packet for posting.
(3) The Postmaster General or any officer authorized generally or
specially in that behalf by him or on his behalf may direct that a
postal packet shall not be accepted for posting if he is of opinion that
the acceptance of the packet night en- danger life or property.
10. (1) The Governor, or any person to whom the Governor has
under sub-regulation (3) of this regulation given authority to exercise
any of his functions under this regulation, may make provision by order
that postal packets of any such description as may be specified in the
order shall not be despatched by post from the Colony to any destination
outside the Colony, or distributed in the Colony where such postal
packets are received in the Colony, except in accordance with the order;
and in par- ticular, but without prejudice to the generality of the
preceding provisions of this sub-regulation, any such order may, in
relation to any description of postal packets, direct that no postal
packet of that description shall be so despatched or distributed as
afore- said otherwise than under the authority and in accordance with
the terms of a permit granted by such authority or person as may be
specified in the order.
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