co-537-5240-emergency-legislation-hong-kong — Page 6

National Archives 英國國家檔案館 All

possession any badge, ticket document, or any other thing whatsoever,
which

purports to have been, or which appears to have been, issued by any such
proscribed organization, whether before or after such proscrip- tion, or
which purports to be, or which appears to be, or which appears to be
intended as, evidence of membership of, or any authority from, or any
association with, any such proscribed organization shall be guilty of an
offence against these regula-

tions.

organiza-

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832

Meetings.

Trespass- ing and loitering.

THE HONG KONG GOVERNMENT GAZETTE.

(4) Any person who does any act in furtherance of the spread of sedition
or the promotion of a general strike, or ot disorder of any kind, within
the Colony shall be guilty of an offence against these regulations.

(5) It shall be lawful for any police officer to seize anything
whatsoever which may appear to belong to, or to be connected with, or to
be intended to be used for the purpose of, any proscribed organization,
and it shall be lawful for a magistrate, upon such notice (if any) as he
shall tlánk fit, to order any such thing to be forfeited. Anything so
forfeited shall be disposed of in such manner as the Commissioner of
Police may direct.

127. (1) The Commissioner of Police, if satisfied, with respect to
any area in this Colony, that the holding of any meeting or of any class
of meetings in that area would be likely to cause a disturbance of
public order or interfere with the provision or maintenance of supplies
and services essential to the life of the community, may by order
prohibit, for such period as may be specified in the order, the holding
in that area of any meeting or meetings of that class, as the case may
be.

(2) Any police officer or member of His Majesty's regular
forces or local naval, military or air force, corps or reserve may take
such steps, and use such force, as may be reasonably necessary for
securing compliance with any order made or directions given under this
regulation.

(3) Any person who organises, conducts, or takes part in any
meeting the holding of which has been prohibited by an order under this
regulation shall be guilty of an offence against these regulations.

(4) It shall not be necessary to publish in the Gazette an
order under this regulation but publication of such order shall be made
by such means as in the opinion of the Commissioner of Police will, in
the circumstances prevailing, most effectively give publicity to any
such order.

128. (1) No person shall-

(a) trespass on, or on premises in the vicinity of, any
premises to which this regulation applies; or

(b) unlawfully enter or board any vehicle, vessel or
aircraft used or appropriated for any of the purposes of His Majesty's
service or trespass on any premises in the vicinity of any such vehicle,
vessel or aircraft;

SUPPLEMENT No. 2, DECEMBER 28, 1949.

and any person acting in contravention of this regulation or being found
on any vehicle, vessel or aircraft on any occasion on which he had
entered or hoarded it in contravention of this regulation shall be
guilty of an offence against these regulations and, without prejudice to
any proceedings which might be taken against him, he may be searched by
any member of His Majesty's regular forces or any local naval, military
or air force, corps or reserve or by any police officer and may be
removed by such member of officer from the premises or from the vehicle,
vessel or aircraft, as the case may be.

(2) Any person who shall, for any purpose prejudicial to the public
interest be in, or in the vicinity of, any premises to which this
regulation applies, or any such vehicle, vessel or aircraft as
aforesaid, shall be guilty of an offence against these regulations; and
where, in any proceedings taken against a person by virtue of this
sub-regulation it is proved that at the material time he was present in,
or in the vicinity of, the premises, vehicle, vessel or aircraft
concerned, the prosecution may thereupon adduce such evidence of the
character of such person (including evidence of his having been
previously convicted of any offence) as tends to show that he was so
present for any such purpose.

(3) Any person who loiters in the vicinity of any premises to which this
regulation applies, or any such vehicle, vessel or aircraft as
aforesaid, and who continues to loiter in that vicinity after having
been requested by a member of His Majesty's regular forces or any local
naval, military or air force, corps or reserve or a police officer to
leave it, shall be guilty of an offence against these regulations, and
may be searched by any such member.

(4) Nothing in this regulation shall authorize the search of a woman
except by a woman.

(5) The premises to whic!, this regulation applies are premises used or
appropriated-

(a) for any of the purposes of His Majesty's

service; or

thy for the performanes of any essential service,

129. (0) No person shall do any act with intent to impair the Sabotage.
efficiency or impede the working or movement of Vessel.

any aircraft, vehicle, machinery, apparatus or other thing used or
intended to be used in His Majesty's service or in the performance of
essential services, or to impair the usefulness of any works, structure
or premises used or intended to be used as aforesaid :

838

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Seduction from duty,

disaffection and propa- ganda.

Offences by corpora- tions.

Alteration and improper use of licences and permits.

THE HONG KONG GOVERNMENT GAZETTE.

Provided that a person shall not be guilty of an offence
against this regulation by reason only of his taking part in, or
peacefully persuading any other person to take part in, a strike.

(2) The preceding provisions of this regulation shall apply in
relation to any omission on the part of a person to do anything which he
is under a duty, either to the public or to any person, to do, as they
apply in relation to the doing of any act by a person.

(3) Any person convicted on indictment of an offence against
this regulation shall be liable to a fine of ten thousand dollars and to
imprisonment for ten years.

130. (1) Any person who-

(a) endeavours to seduce from his duty any member of His
Majesty's regular forces or of any local naval, military or air force,
corps or reserve or any person engaged in the per- formance of essential
services or to cause among such persons disaffection likely to lead to
breaches of their duty;

or

(b) endeavours, whether orally or otherwise, to influence
public opinion (whether in the Colony or elsewhere) in a manner likely
to be prejudicial to the public interest; or

(c) does any act, or has any article in his possession,
with a view to making, or facilitating the making of, any such
endeavour;

shall be guilty of an offence against these regulations.

(2) A prosecution for an offence under this regulation shall
not be instituted except with the consent of the Attorney General.

131. Where a person convicted of an offence against any of these
regulations is a body corporate, every person who, at the time of the
commission of the offence, was a director or officer of the body
corporate shall be deemed to be guilty of that offence unless he proves
that the offence was committed without his knowledge, or that he
exercised all due diligence to prevent the commission of the offence.

132. If, with intent to deceive, any person alters or uses, or lends to,
or allows to be used by any other person, a licence or permit granted or
issued for the purposes of any of these re- gulations, or makes or has
in his possession any document so

SUPPLEMENT No. 2, DECEMBER 28, 1949.

closely resembling such a licence or permit as to be calculated to
deceive, he shall be guilty of an offence against these regula- tions.

835

commit an

133. A provision which constitutes or results in the con- Attempt to
stitution of an offence shall be deemed to include a provision offence
to that an attempt to commit or the doing of any act preparatory to be
deemed the commission of such offence shall itself constitute an offence
an offence. which may be dealt with and punished in like manner as if
the offence had been committed ; Provided that if any offence is
punishable with death an attempt to commit or the doing of any act
preparatory to the commission of such an offence shall not be punishable
with any greater punishment than life imprison-

ment.

134. Nothing in these regulations shall affect the liability of
Liability any person to trial and punishment for any offence otherwise
for than in accordance with these regulations:

Provided that no person shall be punished twice for the same act or
omission.

offences.

where

135. For the avoidance of doubt it is hereby declared that, Obtaining
where possession of any property or thing, or possession thereof
possession, in specified circumstances, is an offence against these
regulations, possession the obtaining of possession, or the obtaining of
possession in is an those circumstances, of that property or thing shall
also constitute that offence.

offence.

138. (1) Any person who contravenes or fails to comply with General any
of these regulations, or any order or rule made under any of penalties.
these regulations or any direction given or requirement imposed under
any of these regulations, shall be guilty of an offence against these
regulations; and, subject to any special provisions contained in these
regulations, a person guilty of an offence against any of these
regulations shall -

(a) on summary conviction, be liable to a fine of five thousand dollars
and to imprisonment for two years; or

(b) on conviction on indictment, be liable to a fine of ten thousand
dollars and to imprisonment for five years,

(2) Where any offence against these regulations shall have been
committed, whether any person shali have been con- victed in respect
thereof or not, it shall be lawful for the Court or Magistrate to order
to be forfeited to the Crown any article

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836

THE HONG KONG GOVERNMENT GAZETTE.

Repeal.

SUPPLEMENT No. 2, DECEMBER 28, 1949.

SCHEDULE.

in respect of which such offence has been committed and upon the
making of any such order of forfeiture the said article shall become the
property of the Crown free from all rights of any person. Before making
any such order the Court or Magistrate shall give to any person claiming
or appearing to the Court or Magistrate to be the owner of or otherwise
interested in soch article an opportunity of being heard :

Provided that it shall be lawful for the Governor in his
absolute discretion to give effect to any claim for relief from such
forfeiture where such claim is established to his satisfaction on
equitable, moral or other grounds.

PART IX

Commercement.

137. (1) These regulations shall not come into operation save and except
at the time and in the manner hereinafter mentioned.

(2) The Governor may by order notification of which shall be
given in the Gazelle declare that these regulations or such part or
parts thereof or such regulations or regulation as he may by such order
specify shall come into operation and upon publication of such
notification in the Gaselte die regulations or such part or parts
thereof or such regulations or regulation as may be specified shall come
into operation.

(3) It shall be lawful for the Governor in making any such
declaration as aforesaid-

(a) if the declaration relates to the whole of these
regulations to declare that any part or parts thereof or any regulation
or sub-regulation shall not come into operation; and

(b) if the declaration relates to any part or parts
thereof to declare that any regulation or sub-regulation included in
such part or parts shall not come into operation; and

(c) if the declaration relates to any regulation to
declare that any sub-regulation thereof shall not come into operation.

PART X Repeal.

138. The regulations made under section 2 of the Ordinance and
specified in the Schedule to these regulations shall be and are hereby
repealed.

ľ

Regulations made under section 2 of the Emergency Regulations Ordinance,
1922, and published in the Gazette as:

Government Notification No. 775 of the 7th October, 1938 Government
Notification No. 704 of the 12th October, 1938

Government Notification No. 798 of the 14th October, 1958 Government
Notification No. 288 of the 14th April, 1939 Government Notification No.
324 of the 21st April, 1959 Government Notification No. 622 of the 4th
August, 1939 Government Notification No. 743 of the 20th June, 1940
Government Notification No, 994 of the 6th September, 1940.

COUNCIL CHAMBER,

28th December, 1999.

D. R. HOLMES,

Acting Clerk of Councils.

EXPLANATORY NOTE.

21

1. Emergency powers are 01 present conferred by number of regulations
made under the Emergency Regulations Ordinance, 1922, and by Defence
Regulations, 1940, in force for special purposes. It is desirable to
provide more comprehen- sive emergency powers and to re-define the
purposes for which they may be used. This has been effected by the
Emergency (Principal) Regulations, 1949, which repeal a number of
similar regulations made prior to the Pacific War under the Emergency
Regulations Ordinance, 1922.

2. Special attention is invited to Part 1X of such Regulations which
provides (regulation 137) that the Regulations shall not come into
operation until the Governor by Order so declares and which,
alternatively, empowers the Governor to bring into force such of the
Regulations as may from time to time be required.

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888

THE HONG KONG GOVERNMENT GAZETTE.

3. It is also to he noted that nearly all of the Regulations are
enabling in nature ie. they do not, of themselves, impose immediate
duties or prohibitions. For this reason actual opera- tion of powers
afforded by the Regulations will, even after they are brought into
force, be dependent on the making of Orders or the exercise of
discretions by the Governor or the respective authorities named in or
appointed under the Regulations as and when necessity occurs and only to
the extent that necessity requires.

4. The regulations have been divided into parts and placed under
headings to assist reference and application of them but it has not been
possible in all cases to adhere rigidly to this principle. A list, which
is attached to this Note, should serve to assist authorities who have
duties to perform under the Regulations and the general public. It
suffices, for the purpose of this Note, to invite particular attention
only to specific provisions of the Regulations, as follows:-

PART 1-Introduction.

5. Regulation 2 contains definitions usually found in similar
regulations. Attention, however, is drawn to the definitions

of-

6.

"area";

"Attorney General";

"enemy";

"explosive substance";

"newspaper**;

"pamphlet";

"safeguard";

"supplies and services";

"unlawful publication".

PART 11-Censorship and Control of Publications

and means of Communication.

Regulation 7 empowers a competent authority to prohibit not
only the importation or exportation, or the printing or publishing of
any particular publication but also any publication of a particular kind
or character. It is of interest to note that as regards a "periodical
publication", the prohibition extends to future issues only unless the
order prohibiting the same or a subsequent order states otherwise.

SUPPLEMENT No. 2, DECEMBER 28, 1949.

7. Regulations & and 9 contain wide powers of examination of postal
packets, telegrams, printed or written matter and packages.

8. Regulations 11 and 12 provide powers for censorship on travellers and
the examination of consignments.

Ռ. Regulations 13 to 20 have been designed to provide for greater
control (necessary in emergency) of newspapers, printers, publishers and
owners of printing presses.

10. Regulations 25 to 27 contain provision designed to minimize breaches
of the peace, and the dissemination of false reports,

11. Regulation 28 is designed to prevent the intimidation of witnesses.

PART III-Arrest, Detention, Exclusion and Deportation.

12. Regulations 29 to 41 provide measures in aid of internal security of
the Colony. Regulation 31 gives the Colonial Secretary wide powers of
detention, but provides a safeguard in that a person detained may object
to a Committee of Review against the detention order made against him.

13. Regulation 33 empowers the Governor, in certain circum- stances, to
order the inhabitants of certain arcas to be detained and to leave and
remain out of the Colony. The power of expulsion, however, cannot be
exercised against a British sub- ject born in the Colony. Regulation 39
has been inserted to expedite disciplinary action against any public
officer against whom an order under this Part has been made.

14. Regulation 37 vests the Commissioner of Police with powers to impose
restrictions against persons in respect of various matters and things
and by Regulation 38 he may by order direct that a person be placed
under supervision for any period not exceeding one year.

PART IV-Control of harbours, ports and territorial

waters of the Colony etc.

In

15. Regulations 42 10 56 provide powers necessary in emer- gency in
regard to harbours, ports and territorial waters. particular Regulation
50 deals with the entry of as well as with the departure of ships and
aircraft.

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840

THE HONG KONG GOVERNMENT GAZETTE.

16. Past experience has proved that it may be necessary, in certain
circumstances, to refuse fuel, victuals or necessaries or the facility
to effect repairs to ships and aircraft whilst in the Colony, Regulation
$1 has been drafted to empower the Governor in the interest of public
order and essential services to prohibit any such ship or aircraft to
refuel, from taking in sup- plies or effecting repairs.

PART V-Transport.

17. Regulation 59 empowers the immobilisation mechanically
propelled vessels and vehicles.

PART VI-Possession or control of properly.

undertaking or employment.

of

18. Regulations 66 and 67 provide powers for the requisi- tioning
of land and chattels. With regard to the requisitioning of chattels it
should be noted that (Regulation 67) chattels other than vehicles,
vessels, excavators, cranes or agricultural machinery become, as soon as
possession is taken in pursuance of the Regulation, the property of the
Government of Hong Kong. On the other hand vehicles, vessels,
excavators, cranes or agricultural machinery remain on hire and, in
order to acquire any one of them. notice of acquisition has to be
served.

19. Under regulation 79 a competent authority may by order
sanction the commission of a nuisance and in such event a private
complainant is deprived of his ordinary legal remedies but may apply for
a variation or revocation of the order made.

PART VII-Miscellaneous Provisions.

20. Regulation 91 provides powers to deal with the danger to
security which can be presented by wireless broadcasting.

21. Regulation 105 enables prisoners to be employed in an
emergency in the maintenance of health and sanitary services.

PART VIII-Special offences and penalties.

22. Regulations 116, 118 and 120 provide special powers to combat
violence and terrorism. Regulation 123 is to be noted. It contains a
complete prohibition of the manufacture of explosive substance (as
defined) except under a permit granted by the Commissioner of Police.

841

SUPPLEMENT No. 2, DECEMBER 28, 1949.

AUTHORITY TO EXERCISE POWERS.

Under the PROVISIONS OF THE EMERGENCY (PRINCIPAL) REGULATIONS, 1949,

SHOWN HEREUNDER.

Governor in Council.

The Governor.

Court.

Colonial Secretary.

Attorney General.

Commissioner of Police.

Postmaster General.

Censor.

Regulations 21, 32, 33, 83, 87, 107, 108, 126.

Regulations 3. 5. 10, 13, 15, 21, 23, 31, 33.

39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 55, 56, 57, 58, 59, 60,
61, 62, 64, 69, 70, 71, 72. 73, 74, 76, 77, 80, 83, 87, 88, 89, 90, 91,
92, 94, 100, 101, 103, 105, 106, 107, 108, 111, 115,

122.

Regulations 28, 83, 86, 87, 107, 108, 136.

Regulations 30, 31, 32, 33, 36, 40, 83, 87.

107, 108.

Regulation 130.

Regulations 34. 37, 38, 76, 83. 87, 93, 107, 108, 123, 126, 127-

Regulations 5. 9. 83, 87, 107, 108.

Regulations 5. 83. 87, 107, 108.

Competent Authority.

Regulations 6, 7, 8, 13, 14, 15, 16, 17, 19, 20. 21. 23. 24, 26, 45, 52,
54.

Clerk of Councils.

Accountant-General,

Authorized Officers,

Police Officer,

Member of H.M. Forces and or Immigration Officer.

63. 66, 67, 68, 72, 73, 74, 75,

78, 79, 82, 83. 87. 88, 96, 107,

108.

Regulations 32, 33. 83. 1o8. Regulation 67.

Regulations 8, 11. 12. 18, 20, 21, 23, 41. 42. 52. 63, 68, 83, 84, 87,
99, 102, 106, 107, 108,

Regulations 29, 30, 32, 33, 34, 35, 38, 40, 65. 66, 75, 76, 83, 87, 95,
98,

102, 107, 108, 126, 127, 128.

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842

Citation.

THE HONG KONG GOVERNMENT GAZETTE.

No. A. 278.

IMMIGRANTS CONTROL ORDINANCE, 1949.

REGULATIONS BY THE GOVERNOR IN Council.

In exercise of the powers conferred upon him by section 34 of the
Immigrants Control Ordinance, 1949, and of all other powers thereunto
him enabling His Excellency the Governor in Council has made the
following regulations :-

REGULATIONS

1. These regulations may be cited as the Immigrants Control (Amendment)
(No. 2) Regulations, 1949, and shall be read as one G.N. A. 53. with the
Immigrants Control Regulations, 1949, hereinafter Gaz. Suppl. referred
to as the principal regulations.

No. 2 of

18.3.49.

Revocation

And

of

replacement

regulation

15 of the

principal regulations.

2. Regulation 15 of the principal regulations is hereby revoked and
replaced as follows :-

**Exemptions.

15. (1) Consuls de Carriere duly accredited to the Government of Hong
Kong are exempted from the provisions of sections 24 and 25 of the
Ordinance.

(2) Citizens of the Chinese Republic, if of Chinese race and if entering
or leaving the Colony from or to a destination in such Republic, are
exempted from the provisions of sections 18, 24 and 25 of the Ordinance
:

Provided that-

(4) such persons be not wholly or partially attired in uniform; and

(b) such persons are not entering or leaving the Colony from or to
Hainan or Taiwan."

COUNCIL CHAMBER,

28th December, 1949.

D. R. HOLMES,

Acting Clerk of Councils.

SUPPLEMENT No. 2, DECEMBER 30, 1949.

Explanatory Note.

Regulation 15 of the Immigrants Control Regulations, 1949, provided for
exemptions from the provisions of sections 4, 18, 24, 25 and 28 of the
Immigrants Control Ordinance in regard to citizens of the Chinese
Republic of Chinese race, entering or leaving the Colony, from or to a
destination in such Republic or in Macau.

2. The above regulations amend regulation 15 so as to make section. of
the Ordinance relating to points of entry to the Colony applicable to
all persons and to make all the provisions of the Ordinance applicable
to Chinese seamen and Chinese attired wholly or partially in uniform and
also to persons entering or leaving the Colony, from or to Hainan or
Taiwan.

No. A. 279.

843

DEPARTMENT OF Supplies & DistriBUTION.

In exercise of the powers conferred upon me as a competent authority
under Defence Regulation 50 of the Defence Regulations. 1940, KENNETH
MYER ARTHUR BARNETT, Director of Supplies & Distribution, hereby add the
following items to the schedule to the Price Control Order, 1946,
published as Government Notification No. 237 of 12th July, 1946.

FOODSTUFFS.

MEAT CANNED.

Corned Beef--Hellaby's Brand

MOTOR VEHICLE INDICATORS.

(a) Ordinary size, any make, including normal exterior fitting with
bracket and switch

(b) Supplying only. Ordinary size, any

make, with bracket and switch

(c) Large size for commercial vehicles, any make, including normal
exterior fitting with bracket and switch (d) Supplying only. Large size
for commercial vehicles, any make, with bracket and switch

Maximum Retail Price.

$ 160 per 12 oz tin

(0.00

40.00

$0.00

60.00

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THE HONG KONG GOVERNMENT GAZETTE.

AND amend the said schedule by deleting the following:-

FOODSTUFFS.

JAM.

Seville Orange Marmalade-Shirriff Brand

MARGARINE.

Harvest Brand

AND by substituting the following :-

Maximum Retail Price.

---

$ 7.00 per 4 lbs. tin

+++

1.35 per lb. sold loose

FOODSTUFFS.

MARGARINE.

Harvest Brand

++

1.25 per lb. sold loose

GIVEN under my hand at HONG KONG this 28th day of December, 1949.

K. M. A. BARNETT,

Director of Supplies & Distribution.

ERRATUM-The headings from pages 753 to 841 of this Supplement to read
"December

30, 1949" instead of "December 28, 1949",

PRINTED AND Published By NORONHA & CO., LTD., GOVERNMENT PRINTERS &
PUBLISHEM.

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Secretariat file No. 2/3011/46.

?.

va

No. 38

Sir,

GOVERNMENT HOUSE,

HONG KONG.

17th March, 1950.

14237/15/50

I have the honour to refer to your Savingram of 18th July, 1946, and to
my despatch No.171 of 21st September, 1949, on the subject of emergency
legislation, and to inform you that during the period 1st September,
1949 to 28th February, 1950, inclusive, the action for the
requisitioning of premises formerly taken under Defence Regulations is
now being taken under the Emergency (Requisition) Regulations, 1949,
made under the Emergency Regulations Ordinance, 1922. A short report on
the general position for the six months' period is contained in the
following paragraphs.

The comprehensive emergency regulations referred to in paragraph 3 of my
despatch No.171 of 21st September, 1949, were enacted on 28th December,
1949, and styled the Emergency (Principal) Regulations, 1949, but they
have not yet been put into force. Under regulation 137, the Governor has
power to bring these regulations into force by an order, notification of
which shall be given in the Gazette, declaring that the regulations, or
such part or parts thereof, or such regulation or regulations, shall
come into operation. A number of orders and rules, etc. have been
prepared under the said Regulations, and are being held in readiness.

2.

3.

For the same period under review, three other Emergency Regulations have
been enacted under the Emergency Regulations Ordinance, 1922, and they
are -

449

(1) The Emergency (Control of Ships and Aircraft) Regulations, 1949.
These regulations empower the Governor (or person acting on his behalf),
ir it appears to be necessary so to do in the public interest (as
defined) to give direction prohibiting the entry or departure or the
supply or repair of ships and aircraft.

(2) The Emergency (Royal Navy) Police Powers Regulations, 1949. The
object of these regulations is to confer upon a Commissioned officer of
the Royal Navy and of certain other naval forces or upon a midshipman if
he is in command of the vessel, the powers vested by law in an
Immigration Control Officer and in an Inspector of Police. As the
exercise of these powers may render it necessary to stop and search
vessels which may prove unwilling to comply an officer in command of a
warship is authorized to fire at a vessel which fails to stop when
lawfully required so to do.

(3) The Emergency (Anti-aircraft Gun Practice) Regulations, 1949. These
regulations enable the Commander, i.e. the officer for the time being
commanding the Royal Artillery, to order practice over the whole or any
part of the Colony: Provided that when any person, vessel or aircraft is
endangered by such practice all firing shall

cease.

THE RIGHT HONOURABLE

JAMES GRIFFITHS, M.P.

L

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2

4.

The Emergency (Principal) Regulations, 1949, which are not yet in force
contain most of the provisions of the other emergency regulations
mentioned in paragraphs 1 and 3 of this report and most of these
regulations will have to be revoked on the coming into operation of the
Emergency (Principal) Regulations, 1949. (They were enacted before the
Emergency (Principal) Regulations, 1949).

5.

In the early part of this period there was a considerable amount
of requisitioning for the Army. Requisitioning had however almost ceased
by the middle of November, and since that date has been confined to land
in the New Territories, with the exception of two buildings
requisitioned for the Royal Air Force. The total number of units
requisitioned during the period was 105, divided as follows:

Army: R.A.F.:

87 16

H.K. Government: 2 (Ex-Japanese property).

6.

In the same period 29 units were derequisitioned

23 of which

had been occupied by the Army and 6 by the R.A.F.

7.

Requisitioning of land in the New Territories is likely to
continue on a small scale, but it is not anticipated that any more
requisitioning of buildings will be needed unless the garrison receives
further reinforcements.

I have the honour to be,

Sir,

Your most obedient, humble servant,

GOVERNOR.

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Saving.

1,237/15/50

From the Secretary of State for the Colonies.

To the Officer Administering the Government of.... HONG KONG

Date

17 Hay........1950.............

494 Saving.

My despatch No. 5 of 9th January, 1950.

Emergency Regulations (Amendment) (No. 2) Ordinance, 1949.

Grateful for reply.

SECER.

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Secretariat File

No. D/ER II

No:- 15

SECRET.

Sir,

1

41227/15

GOVERNMENT HOUSE,

HONG KONG.

26 May, 1950.

4

15 1949

I have the honour to refer to Mr. Creech Jones' despatch No. 5 of 9th
January, 1950 on the subject of the Emergency Regulations (Amendment)
(No. 2) Ordinance 1949 and to forward herewith a memorandum dated 18th
May, 1950 Encl. I with enclosures prepared by the Attorney General on
the

points raised. I am in agreement with the views expressed in this
memorandum and shall be grateful if after fur ther consideration you
will agree to advise His Majesty that this Ordinance should not be
disallowed.

With particular reference to paragraph 10 of the Attorney General's
memorandum, Attorney General's memorandum, the draft regulations and
explanatory memoranda referred to are attached as annexures B, B.1, B.2,
B.3, C and C.1, to the memorandum of 18th May, 1950.

3.

I regret the delay in replying to the despatch under

reference.

The Right Honourable

James Griffiths, M.P.

I have the honour to be,

Sir,

Your most obedient, humble servant,

Mhantami

GOVE

GOVERNOR

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