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11 Hong Kong de Saw 126
25 JUL 1950
ị trong Kung
Lee Xes.49
25 JUL 1950
noted in Fili
にい
[
13. Hong Kong - Sec. Sang. 116-14 (1)(u)vis) su swypalis)
14 đang trong
5×149/50 (1.5) 6:9:56.
- Sec. Lesp. 26. - ref (12)4(5) - 6.9.50
- -
(13) is Hong Kong's reply to (11) in which the S. of S. agreed to the
enactment of the new regulation 116 A (Annex E to (5)) provided his
prior approval was obtained before the new regulation was brought into
operation and that when brought into operation it should only be
operative for a specified and limited time.
In (13) the 0.A.G. has made three main points:
(A) The S. of S's instructions could only be carried out after amending
section 3 of the Ordinance, or by enacting the proposed regulation at
3-monthly intervals
-
paragraph 2.
(B) He is reluctant that the regulation should be
expressed to be in force for a specified period only for the reasons
given in paragraph 4, i.e., (i) the removal of the death penalty may be
followed by a resurgence of such offences and (ii) the periodical
re-enactment of the regula- tion may give rise to Communist propaganda.
(c)
The Executive Council have advised that regula- tion 116 Ahould be
brought into operation forthwith
paragraphs 3 and 5.
-
As regards (A) and (B), the would not appear to be necessary either to
amend the Principal Ordinance or enact the regulation at, say,
three-monthly intervals. The desired result could be achieved
administratively.
/The
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|
X
The S. of S. has asked that his prior approval should be obtained before
the regulation is brought into operation. If there is difficulty in
enacting the regulation but delaying the date at which it is brought
into operation, then both stages could be done in one operation.
The regulation is already in draft and the S. of S's approval to submit
it to Legislative Council could be obtained. The Legislative Council
could then proceed as required by section 3(3) of the Ordinance.
As regards the time limit, the S. of S. when giving his approval could
say that unless the Hong Kong Government could show the necessity for
the continued operation of the regulation, say, after 6 months, the Hong
Kong Government would be expected to repeal it. It would then be for the
Hong Kong Government to satisfy the S. of S. that the continued
operation of the regula- tion is essential for the maintenance of law
and order. In fact the procedure suggested in the last sentence of
paragraph 5, except that the Governor will have to examine the necessity
for the continued operation of the regulation at regular intervals.
As regards point (C) above the 0.A.G. and Executive Council consider
that the recent increase in crimes of violence and the K.M.7. guerilla
activities mentioned in Hong Kong savingram No. 115 (copy at (127) on
14349/30/50 below) make it necessary to enact and bring into operation
the proposed regulation 116 A immediately. At (10) are the notes of the
meeting with the S. of S. and the S. of S. made it clear that the
proposed regula- tion should not be brought into operation unless his
prior approval had been obtained. These papers will therefore have to be
submitted to the S. of S., and as Sir A. Grantham will be in London from
the 18th to 21st September, it might be desirable to discuss this
subject again with Sir A. Grantham before sub- mitting the case to the
3. of S., or to arrange a further meeting between the S. of S. and Sir
A. Grantham?
I would however point out that whereas in paragraph 3 of (13) the 0.A.G.
said that when the original proposal was made at (5) the Executive
Council had intended that regulation should be brought into operation
forthwith, Sir A. Grantham, during the initial discussion at 'X' of 2 of
(9), said that it was not the intention to bring the regulation into
force immediately but only to enact and publish them to act as a
warning. I must admit that I do not entirely follow the agreement in the
last sentence of paragraph 40 of (13) that imprisonment is no deterrent
to gunmen who in their own country hold life to be cheap. Fresum- ably
this refers to life other than their own, but if such people hold life
to be cheap, will the death penalty be any greater deterrent than life
or very long terms of imprisonment?
The O.A.G. has asked for a reply by telegram. I would, however, suggest
that as Sir A. Grantham is fully seized of the S. of S'a views on this
subject, the dashon whether the | regulation 116 A should be enacted and
brought into operation
I should be left until Sir A. Granthan has returned to Hong Kong and
considered the problem himself, taking into consideration his
discussions here.
To sum up I suggest that there is no need to amend the Ordinance
provided the Governor or 0.A.G. agree to consult the S. of 3. before
taking action to enact and bring into operation the new regulation (this
is in fact being done now) and if the necessity for the continued
operation of the Ordinance is
/examined
D
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1
examined at regular intervals. Ac regards (C), bringing the regulation
into operation forthwith, I consider a decision on this should be left
until Sir A. Granthem has returned to Hong Kong. I feel sure we do not
wish to give the impression that Hong Kong is becoming a "police states.
(14) I think we can accept the proposal in paragraphs 2 and 3. The
comments referred to in paragraph 4 were based on Mr. Dale's minute of
15/6/50, and as he returns from leave on 18th September I suggest his
commenta are then obtained. It is mostly a matter of drafting and is not
as urgent as conson. of (13).
I agree in toto. If there
HAHall.
15th September, 1950
important objections
to restricting the operation of the projected evestment
by legislative
gother
Krems clear carough
that there would be wo
in pare 5 of 3 that there
Agration
admistrative undertating to review the recessity for contining the
Regulation in mistere at well prescribed intervals.
L. L Adahan
>
15/9/20
Juanday pm.
Teas find With In Dals will kill
the The 251braft.
Kr. Paskin
I think you should see these papers at once. I have already sent Sir A.
Grantham copies of No. (14) and (13) on this file with a view to
discussion. Mr. Hall's minute gives the general picture. The O..G. has
asked for a reply by telegram and I an inclined to think that he ought
to have it as soon as possible.,
The position as regards persons carrying arms unlawfully is becoming
worse. I have unfortunately had to detach 14349/30/50 below to which Mr.
Hall refers at 'X' in his minute as it is wanted urgently by Kr. Karnham
for a J.I.C. meeting. In the meantime, however, I have noted (see slip
attached) in today's 'Telegraph' a report of a further incident of this
kind in addition to the unfortunate clash a short while ago in which two
police officers were killed by persons unlawfully carrying arts.
+
I should like Mr. Dale to see this file as quickly as possible in case
he has any further comments.
Subject to what Mr. Dale may say I feel that Mr. Hall's suggestion for
dealing with (13) provides a possible compromise if the Secretary of
State is prejured to accept it. As regards (14) this is less urgent and
Mr. Dale's views should also be sought.
I am sorry I have not had time to minate this more fully.
憾
18th September, 1950
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15
Su A fronthan
1. Hong Kong Secret • Guard Swing 115
לו
17 Hory Kong
18.
J.F Micoll"
TR No 1013
14/9/50
6/4/50
18/9/50 13/9/50.
IYA Extract from "Daily Telegraph" - Selly) - 18. 8:50.
I
|
d
(13) was discussed with Sir A. Grantham. Mr. Paskin and Kr. Sidebotham
were present.
I have attached at (16) a copy of Hong Kong savingram No. 115 about
Nationalist guerilla activities in Hong Kong, at (17) a report of a
further incident between police and armed robbers in which a Chinese
constable was killed and at (18) a letter from the 0.A.G. enclosing an
extract from the "China Mail" of the 12th September.
My minute of 15/9 suggested that there is no need to amend the Ordinance
to carry out the Secretary of State* a instructions in (11) provided the
Governor (or 0.1.6.) agrees to consult the Secretary of State before
taking action to enact and bring into operation the new regulation and
gives an undertaking to review the necessity for continuing the
regulation in existence at prescribed intervals.
The major point for conson in (13) is the proposal that the new
regulation 116A (Annex B to (5)) should be brought into actual operation
forthwith. (16) shows that there is a heavy demand for illicit arms and
the activities of the K.M.T. guerillas is having a disturbing effect on
law and order in the Colony. Two police officers, Messrs Luscombe and
Leslie, were murdered on the 1st Sept. and a Chinese police constable on
the 17th Sept. when two British officers were saved from injury by the
use of bullet proof waistcoats. The extract from the China Mail (encl.
to (16)) shows that already this year 126 persons have been produced
before the Supreme Court, having been arrested in possession of arms,
either in connection with serious crimes or because the circumstances of
their possession caused them to be regarded as dangerous persons. The
extract also makes the point that the percentage of offenders caught is
very high but even so the tendency of criminals to use firenims
indiscriminately seems to be increas- ing. This raises the question
whether the penalties are not inadequate.
In view of the recent murders and the increase in the use of arms Sir A.
Grantham strongly supported the proposal that the new reg. 116A should
be brought into operation forthwith. I would stress that the proposed
regulation only makes the possession of a bomb, grenade or similar
apparatus, and the | USE or attempted use of arms, ammunition or
explosives subject
to the death penalty. There is the added safeguard that a prosecution
shall not be instituted except with the consent of the Attorney-General.
In view of the advice of the Co., the recent murders and increase in
crimes of violence and the fact that Sir A. Grantham alco supports the
proposal it is submitted that
a sufficiently strong case has been made out for the Secretary of State
to authorise the enactment and bringing into operation of the proposed
reg. 116h.
The Q.A.G. has asked for a reply by tel. and I submit a draft for
conson.
itthall.
DA A
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ho Park.
Ir new of first Ahchaus nimete os med not I Kink when to him again.
There is Iffcdary
for enactment of the regulation/16A.
ar w
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al me di
possible, and, as
Q.
7. grauttiom
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yooheday
anthon
the conditions proposed
withe aft affron Dafeguards.
Lo panide
глистовы
There is one point, however, which appears to me to be of importance and
that is that if any criticism arose in Parliament the Secretary of State
should be able to make it clear what conditions were in fact attached to
the enactment. It would be difficult for him to do this unless the
Legislative Council in Hong Kong had been made aware themselves that
conditions did exist. On the other nand, to let condition (ii) be known
in Hong Kong as it stands might militate against the effectiveness of
the regulation.
I took the opportunity, therefore, of mentioning this to Sir A. Grantham
this morning, and para. 2, which I have added to the draft, indicates
what he agrees should be said to the Legislature at the time of
enactment, and would enable the Secretary of State to make the position
quite clear if questioned in Parliament here.
21st September, 1950
In his savingram at No. 5 the Governor submitted various proposals to
deal with the increasing menace of armed gangsterdom which has become
rife in Hong Kong in recent months. Amongst these recommendations was
that there should be enacted a new Emergency Regulation No. 116 A, (a
draft of which is at Enclosure B to that savingrom) which, inter alia
would prescribe the penalty of death for the possession of any bomb,
grenade or similar apparatus. This proposal was discussed at a series of
meetings between the Secretary of State and Sir, A. Grantham the upshot
of which was that in our savingram at No. 11 the 0.A.G. was informed
that the Secretary of State was prepared to agree to the enact- ment of
this Regulation on the understanding that his prior approval must be
obtained before it was actually brought into operation, and that, when
it was brought into operation, it should be operative only for a
specified and limited period.
In his reply at No. 13, the 0.A.G. has explained that the submission in
the savingram at No. 5 was intended to be a submission that the
Regulation should be not merely enacted but should be immediately
brought into operation; and that the situation during the past two or
three months has deteriorated to such an extent that the case for
/ taking
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taking this action is now even stronger than it was
The case for this action is summarised in
in June.
Mr. Hall's minute of the 20th September
•
It is
The O.A.G. has also pointed out objections to the Secretary of State's
stipulation that the Regulation should be made operative only for a
limited period. however thought, after discussion with Sir A. Granthan
(who agrees) that the Secretary of State's object could be equally well
secured by the alternative condition that, the Regulation having been
brought into operation, the Governor should submit six monthly reports
as to the necessity for its being continued in operation.
It is proposed in the draft submitted herewith that the O.A.G. should be
authorised to bring this Regulation into operation subject to this and
to other conditions.
میں
Recuie'd sent
19.
8.9.
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sk
22nd Sept. 1950.
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that the O. A. G. han make
agree
and a
commiining case for the спитните
enactment
condition
a Ry.
166 A on
the
specified in the draft
6.8.822/9
I apee to be draft
HK
19A Hong Kong Deh 103
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Tele 1468 Secret
CONS
22.9.50
49
Ref 17/41./06 22
Ich more spaces
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Mr Dale.
(14) is H.Ks reply to (12) which
on the draft Capital Panichart Regs.
Para 2 + 3 of (14) may, I think, be accepted. Pass
4 bones comments
a peres 3 & 4 f (12) which were
laved on pase 2 of your minute of 15/6/50.
Peronally I doubt
ray
much whether
any person who proposed comantting any of the offences
under comom would take the trouble to emvalt the resent legislation
first in breasse he would hgan to get away with it & (6) because he
probably would not read them anyway & (2) if he could read he probably
would sub be alle te wnderstood the
The proposed is that the legislation is only to remain in force
for a limited period pases 21 3-4 that when they are heruight
-
into question thy will be explained in detail in the press &
all pomble publicity will be given.
In new of this do you still wish to
the "form" of the res?
I stree
• press for a charge in
Lokall 2575
unconvinced, & adhere to my
I am afraid I am
antarily
puroris veews. To confus fust that it is scarcely practicable" to
emmenak the offences bey want to
parish the death penalty, second that this relatin wire have to be
interpreted Hexplained by a purs
новый, са
confession Jamathes that the bas edin
has within ban thought out
سقا
now is intelligibe.
J
team stated témat the accused at his time (an
after the offence for when the Cangers them CoR down to it)
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will have
committed!
see what offence he has
I tumis we showed upeal
Gachonns mighty and th
(red).
27.9.
Mi Hot
We spoke. d.k.
J.J. Ankrom.
3/x
Wall
3/60-
20. Hong Kong Tel 1124 Sum Secrct - ref 19 -
I have held ups
3:10
this file to deal with (20) or the 0.A.G.
intends that the purposed new
to the leg to a 11h Out.
hig 1161 should be sunbathed
Pase 2 of the til at (19) was added by the Sidele then septer discussion
with Iis A farther ride monate of 21/4.
Pame 2 of (20) shows that the 0.1.6, our sma
carrying
difficulty in out there instructions but the opening contener showe
that "effect will be given to them! In the cives I
bond we can agree to action being taken as propond in plast 3 of (20).
I culmit a dft for comer.
comin after it has gone
of the diff
He file should go to Mr. Dals for further comen
despatch in unser to (14).
The Beertory of
10.
Not handed
apperowd 119
Irgen
1
Tape but this will ?agine. ministered antiinty and
4/1
Than addeda
248
4/1
thether thinks this choos
Esallall 3/10
and in any case the Governor must realisi that the foy & may ha
Ih more replicit miturting The in taches on the thing
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T
minister of State
19 and 20
20 show the
present positim.
We can
accept the O.A.G'O view
as to.. how
how much
and should
neid
be said to
the Leg. Co. ?
Jo H.K.
6.8.8.4/10/50.
tel. 1513- 4/10..
Mr. Sidebotham
An answer to (14) is still to be considered. The 0.A.G. has accepted the
conditions in (12) these are set out in the draft reply with one small
proviso that although he would prefer to consult the Secretary of State
before the regulations are brought into operation but if a grave
situation were to develop suddenly he asks for discretion to take steps
to bring the regulations into force without prior approval. I think we
may accept this on the understanding that if this does occur the
Secretary of State would nevertheless wish to be informed as soon as
possible of such action.
-
The O.A.G. has, however, raised objections (paragraph 4 of (14) to
revising the "form" of the regulations (paragraph 3 of (12)). The form
of the draft was criticised by Mr. Dale in his minute of 15/6. He has
again seen these papers and considera we should repeat our objections
minute of 27/9.
-
his
The draft reply opposite has been seen by Mr. Dale and I do not think it
is necessary to trouble Ministers with it.
? As in draft.
well.
6. 10. 50.
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Mr. Paskin
You will recollect that the Secretary of State himself approved the
draft at (12) on this file with the final stipulation in the concluding
words of paragraph 2 of that
The Acting Governor now asks for a modification of that stipulation to
enable him to act without prior approval in the event of a grave
situation developing.
draft.
I think, myself, that this is not unreasonable, but if we are to agree
to it you may consider that the Secretary of State's further authority
should be sought. We further
agreed the view expressed in paragraph 2 of the draft which was
substantially modified by Mr. Dale, and has now been 'faired'
|
7. 10. 50.
13/x
6.8
14/10
و.
I agree tot abre
же
лі два киле
乃
to
M
|
16/10
22
2 Hung
Hung Kung
Kung Desp
59
Secret
78 OCT 1950
231 Hạng trong
G
(23) Pak & Wall
19/10
atmos
tel 1170 sec
16.10.
бо
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x (21)m 94085/7/50 Barue
1
In par
2 f
Sunt the OA.G.
HK Savergram No 13 sunt
95 f
stated that it is prepped to bring into force hg 7 + to
make orders thereunder against a number of communist pamphlets
crculating in HK & that hegs 6,13,14,159 16
might also be lonight into queration at some
The Legs
future date.
me No A 277 in Sup No 2 to the H.K. Gazette of
& wen unulated around the Co. in March
30/12/1849, & wex
His
year,
vide minutes from 16/2-17/4, & these were no
comments on the particular legs
nas urder casn,
Reg 7 - which it is peopred to bring into fone - concems the
exportation, exportation, printing or publishing of any kind of
publication which would be Whaly to te prejudicial to the
public interest,
Reg 6 amcenes the publishing in publications of " pagudicial matter".
"13 requiens newspapers to obtain permits before they can be
punted a published
14 requires mensproques to publish official ammunications if
so directed
" 15′′ ques authority to prevent the publication of certain mutters
16 ques withrity to require sulmumon of matter for censorship's
before publication.
I would be gratiful to know of the Repts concemed see any objection to
the H.K. fat buiging the legs into force.
Mr Basti sld are as this is his file the
Mo Morgan shot are from the "consorships" aqut
Bang Tohum stel see
2
newspaper & puss legislation" expert
& the thuismen sld see in can these is any I.R. Dyst aspect.
buysman oldu
You
will me t'm) (19),(20), (21) +(23) that
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H.K. lave muntly wasted by 116A (bron 15 to (51)
interduring the death penalty for the poression of bombs or the war of
firiams. I mention this to show that conditions in Hong Kong
are for from normal at the moment.
Walall
17/10.
L
I
I honder that Regulations as there
Wow not brought in when the
ти
emer Cine
ん
in Hong Kong began,
live nothing in
those
Citect in the prerons menati
to which
in the beams leices
Of thong thong we can obzech. I 2. But, ref: Regulation 3 (1)
and the references
Regulations under
a
bi
thi
dir cursion
6718
competent authorby" I
do not think that the
frowers should be
in their entirety by
held...
any
one person, however competi
be permalley
he
he Madhy My Experiina Elsewhere I am prettig sure that the in the
Covernor
poren are
in Council, and their
I thinth they should reside
No comments yet.
Private notes are available after approval.