fco-40-154-disturbances-1967-1968 — Page 7

National Archives 英國國家檔案館 All

1961 'idag

1961 Boy

1961 Ajor

1961 an

2961 ABIN

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+01 201 001 66 66 66 001 001 66 86 86 66 86 86 86 16

SOT FOI FOI TOT EOI FOI 201 201 201 201 201 201 201 201 201 201

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1968 XY = Ể % % & ế ế ế 2

1961 "JEW

1961 "q

48.3 109 106 106 108 113 113 112 114 110 119 119 135 140 121 119 121

101 201 201

...

201 201 201 201 201 201 201 201 201 201 201 201 201 201 201 201 251...
201 201 101 001 001 001 101 100 101 000 000 000

901 801 201 201 201 201 201 201 201 201 201 201 201 201 201 201 12

...

Section of commodity/service

I. Foodstuffs...

II. Housing

***

III. Fuel and light

...

IV. Alcoholic drink and tobacco

V. Clothing and

footwear

VI. Durable goods

+++

VII. Miscellaneous goods

VIII. Transport and vehicles

...

3.0 99 100 100

3.3 106 106 106 106 105 106 106 106 106 106 106 106 106 106 106 105

79

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IX. Services

117

80

12

6101

100.0 106 104 104 105 108 108 107 108 106 111 111 119 121 112 111 112

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All Items...

EMERGENCY REGULATIONS

MADE BETWEEN MAY AND 31ST DECEMBER 1967

(Paragraph 181)

APPENDIX V

1. The Emergency (Courts) Regulations, enacted on 23rd May, gave judges
and magistrates the power to clear their courts and the buildings if
they considered this necessary; and empowered the Police to remove from
the precincts of the courts any person whose conduct interfered with the
proper administration of justice.

2. The Emergency (Prevention of Inflammatory Speeches) Regulations,
enacted on 24th May, were designed to enable effective action to be
taken against vocal incitements by loudspeaker and other means to
violence and law-breaking, and to undermining the loyalty of the Police.

3. The Emergency (Prevention of Inflammatory Posters) Regulations,
enacted on 1st June, were directed against inflammatory posters-that is
posters containing incitement to violence or lawlessness or which spread
disaffection or attempt to under- mine the loyalty of the Police Force
or the public service or to stir up ill-will in the community. Enactment
of these regulations also enabled the Police to warn the owners of
property where these posters are displayed, as well as giving the Police
power to remove or obliterate them.

4. The Emergency (Prevention of Intimidation) Regulations, introduced on
24th June, strengthened the law relating to criminal intimidation. These
Regulations were revoked on the enactment of the Public Order Ordinance,
1967, which contains similar provisions.

5. The object of the Emergency (Closed Areas) Regulations also
introduced on 24th June, was to increase the security of certain
essential installations by making it an offence to enter or be in such
premises without permission or authority. Only three installations-the
two electricity power stations and the tramways depot-were gazetted.

6. The Emergency (Principal) Regulations (Commencement) Order, enacted
on 20th July, brought into force the Emergency (Principal) Regulations
Nos. 27, 41, 88, 92, 96, 107, 113, 127 and 129. These emergency
regulations had been on the statute book since 1949, though none of them
were in force. They were brought into force in order to meet a new phase
of terrorist activity and in particular:

(a) to legalize the use of the military to reinforce the Police
Force-regulations

96 and 113;

(b) to give power to the Governor and the Commissioner of Police to
prohibit

assemblies if this should be necessary-regulations 107 and 127;

(c) to introduce higher penalties for the sabotage of essential
services-regula-

tion 129;

(d) to impose penalties for the dissemination of false
reports-regulation 27; (e) to permit the holding of trials in camera if
necessary-regulation 88; (f) to permit the Governor to order the opening
or closing of any class of shops

or businesses-regulation 92,

81

APPENDIX V-Contd.

7. The Emergency (Public Health and Urban Services Ordinance)
(Amendment) Regulations 1967, enacted on 21st July, amended the Public
Health and Urban Services Ordinance to provide that a person having the
right to dispose of a dead body must not only make a claim to do so
within forty-eight hours of the body being received into a mortuary,

but must also remove the dead body within
forty-eight hours of making the claim. This legislation enabled the
Urban Services Department to carry out the burials of dead bodies which
were unclaimed or for which no arrangements for burial had been made by
the next-of-kin.

8. The Emergency (Principal) (Amendment) Regulations, introduced on 22nd
July, were designed:

9.

(a) to give Police officers power to enter and search premises without
warrant where they suspected that arms, offensive weapons or explosives
are held -regulation 41;

(b) to make it an offence to frequent or be found in such
premises-regulation 119A. (A person charged with this offence had a good
defence if he could show that he did not know that the weapons, etc,
were on the premises.); (c) to make it an offence to be in premises
access to which is barred to Police

officers--regulation 119B;

(d) to make it an offence to be in unlawful possession of corrosive
substances,

acids, etc.-regulation 119C;

(e) to make it an offence to consort with persons possessing offensive
weapons

intending to use them unlawfully-regulations 118 and 119;

(f) to fill a gap in the present public order legislation in authorizing
the use of such force as may be necessary to implement these regulations
(regulation 100A). (Regulation 100B sets out the common law principle
that the degree of force used should not be more than is necessary to
achieve the objective.)

The Emergency (Principal) Regulations (Commencement) (No. 3) Order,
enacted on 28th July, brought into force regulations 29(1), 30 and 31,
concerning detention by the Colonial Secretary. These regulations
enabled action to be taken against persons who stimulated or encouraged
acts of violence and lawlessness but did not themselves take any part in
these acts.

10. The Emergency (Principal) (Amendment) (No. 2) Regulations, brought
into force on 1st August, enabled the District Court to impose heavier
sentences than its normal jurisdiction allowed in respect of a limited
number of offences against the Emergency (Principal) Regulations. The
maximum penalty for offences against the majority of these regulations,
set out in regulation 136 was 5 years/$10,000 on indict- ment, these
penalties being within the normal sentencing powers of the District
Court. However, regulations 117 and 118 dealing with unlawful possession
of arms, offensive weapons, explosives, etc. had as befits the
seriousness of those offences a maximum penalty of 10 years
imprisonment. This penalty could normally be imposed only by the Supreme
Court. Since it was regarded as important that persons arrested in con-
nection with arms and explosives offences should be brought before a
Court as quickly as possible, the District Courts were also given powers
to impose sentences of up to 10 years imprisonment for such offences. By
virtue of the Emergency (Legal Aid Criminal Cases) (District Court)
Regulations, brought into force on 1st September free legal aid was made
available to persons charged with such offences who were brought before
the District Courts.

APPENDIX V-Contd.

11. The possession of simulated bombs or the presence of any persons in
premises where simulated bombs were made or stored was made an offence
by the Emergency (Principal) (Amendment) (No. 3) Regulations, which were
enacted on 5th September,

12. As the gunpowder in fireworks could be used to manufacture bombs the
Emergency (Fireworks) Regulations were enacted on 8th September to
empower the Government to seize and take into safe custody all fireworks
in the possession of dealers or private individuals. All persons who
were in lawful possession of fireworks seized were entitled to
compensation.

13. The Emergency (Committee of Review) (Amendment) Rules, made on 23rd
October required the disclosure of information concerning the reason for
the arrest of any person that the Colonial Secretary had ordered to be
detained, under the powers referred to in paragraph 9 above; provided
that in the opinion of the Colonial Secretary such disclosure would not
be contrary to the public interest.

14. The Emergency (Amendment of Magistrates Ordinance) Regulations,
enacted on 24th October provided that offences under section 3 of the
Explosive Substance Ordin- ances and under sections 28 and 29 of the
Offences against the Person Ordinance could be transferred from the
Magistrates Courts to the District Courts as well as to the Supreme
Court.

15. The Emergency (Principal) (Amendment) (No. 4) Regulations, enacted
on 24th October:

(a) empowered a court to order that any case before it be held in
camera; and (b) increased the list of offences which could be dealt with
by District Courts

under the extended jurisdiction described in paragraph 10 above.

82

83

APPENDIX VI

I.

CONFRONTATION STATISTICS

AS AT 31ST DECEMBER 1967

(Paragraph 194)

CASUALTIES

(a) Killed

Police

Military

Fire Service Others

(1) Police

Killed by explosion Killed by stabbing Killed by shooting

(ii) Military

Killed by explosion.

(iii) Fire Service

Killed by explosion.

(iv) Others

Killed by explosion

Shot by Police

Killed by incendiary attack

10

1

1

39

FI

51

NNW

10

10

Found dead, or found seriously injured and subsequently

died...

---

Died in the course of riots but not through Police action

Died whilst in Police custody

1

1

1

12

17

202

2.

PERSONS CONVICTED

(i) Riot

(ii) Unlawful Assembly (iii) Breach of curfew

FIL

(iv) Possession of bombs (real)...

(v) Possession of bombs (simulated)

(vi) Explosive offences

(vii) Possession of inflammatory posters

(viii) Inflammatory Speech

(ix) Intimidating Assembly

(x) Other offences

3. DAMAGE TO PROPERTY

(a) Buildings

Post Offices

...

Resettlement Estate Offices...

Police Stations/Posts Rural Committee Offices Banks

Cinemas/Theatres

Other buildings

(b) Vehicles

Government

Buses

Trams...

Taxis

Public cars

APPENDIX VI-Contd.

Total

:

318

465

SA

232

40

45

33 209

1\

81

185

328

1,936

Sakwau 00

24

6

W

23

38

7

24

6

66

253

8,074

1,167

146

164

564

Other vehicles

2151

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39

4.

BOMBS

51

Uncontrolled Explosions

Suspected bombs dealt with by bomb disposal teams No. of genuine bombs

Bombs discovered as a result of Police action before

planting

Sticks of gelignite seized

Sticks of dynamite seized

212

29

5.

CURFEWS

4

2

Kowloon

585

Hong Kong Island

832

6.

New Territories (border area)

POLICE RAIDS ON SUSPECTED PREMISES

Grand Total

NOTE 'Others' killed by explosion include 4 persons in possession of

bombs which exploded.

(b) Injured

Police

Armed Forces

Fire Brigade

Hawker Control Force

Others

84

&

85

5

3

1

1,281

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DRAWN BY CROWN LANDS & SURVEY OFFICE, HONG KONG 1948.

SPBE

Printed by the Government Printer

4

CS. 40

2600079

20,000-2/68-859873

(CONFIDENTIAL

No. SCR 68/3371/67

COLONIAL SECRETARIAT,

LOWER ALBERT ROAD. HONG KONG,

3rd January, 1969.

Dear Gaminera,

deld in 16271

Here are twelve copies of a report

on the 1967 Disturbances in Hong Kong for such distribution as you think
necessary in London.

Copies have been distributed locally within Government and to
Unofficial Members here as well as to the Services. In addition it has
been sent to those listed at Annexe.

Yours sincerel Hollan

(J. A. Harrison)

A. W. Gaminara, Esq., C. M. G.,

Foreign and Commonwealth

Office,

Whitehall,

London S. W.1

Encls.

--

RECEIVED IN ARCHIVES No.31

i 4 JAN 1969

HICK 1/18

CONFIDENTIAL

SCR 68/3371/67

Secretary of State

P. A. Singapore JIC(FE)

Chancery Washington

1!

Peking

Bangkok

Saigon

Pnompenh

Manila

ti

#t

Seoul

1:

Tokyo

Vientiane

H. C. Kuala Lumpur

Singapore

11

Canberra

CONFIDENTIAL

ANNEXE

DISTRIBUTION

#t

Wellington

Ottawa

British Consulate General Tamsui British Trade Commissioner H. K.
Australian Trade Commissioner H. K. New Zealand Commissioner H. K.
Cnadian Trade Commissioner H. K.

Trade Development Council H. K. (for Mr. Cater) U.S. Consulate General,
H. K.

CONFIDENTIAL

CONFIDENTIAL

Hong Kong Department

HKK 1/18

27 January, 1969

12

Thank you for your letter

SCR 68/3371/67 of the 3rd January, 1969

and for the copies of the Report on the 1967 disturbances.

We consider that this Report will be a very useful reference
document, apart from the fact that it presents a comprehensive account
of the disturbances. We are arranging distribution accordingly.

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