Sir D. Trench
DEPARTMENTAL DISTRIBUTION
Information Policy Dept.
Information Administration Dept.
Information Research Dept.
News Dept.
Hong Kong Dept.
Far Eastern Dept.
AAAAA
RECEIVED IN ARGINIVES No.31
1 7 FEB 1969
HICK14/201
En Clair
HONG KONG TO FOREIGN AND COMMONWEALTH OFFICE
Telno. BIS 3
14 February, 1969
เ
3
UNCLASSIFIED
15h boks a HKIL 14/22
A law to deal with acid crimes is proposed today.
If passed by Legislative Council it will make it offence for anyone
have in public place without lawful authority or reasonable excuse
corrosive fluid capable of inflicting grievous bodily harm.
Offences Against the ferson (Amendment) Bill 1969
published in Government Gazette today.
When Bill is passed Regulation 1190 (repeat 1190) of Emergency
(Principal) Reguletion which also made it offence to possess any
corrosive substance will be discontinued.
Proposed Bill is more limited in scope than Regulation
1190 as it restricts offence to possession in public place only.
Britinform.
Sir D. Trench.
DEPARTMENTAL DISTRIBUTION Information Policy Dept. News Dept. Hong Kong
Dept. Far Eastern Dept. Legel Advisers DIS. M.O.D.
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added to the fil chau
24/2
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CONFIDENTIAL
CR 6/3231/59
Dear
IV
Gothur
1.271
R&R.
GOVERNMENT HOUSE
HONG KONG
Mr. Carter
I Muick Meat sted in reported
& The Dunster
of State
28 264.
П. Слабина
Pls submit accally.
Lo February 1969
27/2
With my savingram No. 70, I sent you a
You
paper summarising our plans for dealing with various items of emergency
legislation introduced in 1967. will be glad to hear that we have now
completed a study of our remaining active emergency legislation brought
into force prior to 1967, much of it in fact in 1950, and the attached
paper sets out recommendations on this score which I have agreed to.
Executive Council will be informed, but formal submission to Council is
not necessary.
The net result will be the continuance in force of Emergency (Principal)
Regulations 37 and 40 for the time being; the repeal of E.P.R. 50, 51
and 25 (the last when similar provision has been made in our
and the discontinuance of the permanent legislation);
remaining 26 E.P.R.S.
Orders will now be made under Section 35 of the
Public Order Ordinance but there is no danger in this. They will not be
gazetted, as they are simply administrative directions, and will remain
unknown except to the officers concerned.
When all this is announced the point will be made that this wholesale
discontinuance of E.P.R.S was not possible in the past, the provision
for doing so We will of course having been introduced only in 1968.
present these decisions as part of a comprehensive study of emergency
legislation in force since 1950.
Sir
RECEIVED IN ARCHIVES No.31
2 8 FEB 1969
HKK14/20
Чип
David!"
ever
CONFIDENTIAL
sworthy, K.C.M.G.,
2712
4
See 2(1)
G.F. 121
CONFIDENTIAL
CR 6/3231/59 IV
Review of Emergency Legislation.
Second Stage
-
Emergency (Principal) Regulations in Force
Since Before 1967.
Decisions have already been taken on the disposal or continuation of
various items of Emergency Legislation brought into force in 1967 and
these have been endorsed by the Executive Council at its meeting on 4th
February. It now remains to come to a similar conclusion on the 31
Emergency (Principal) Regulations which have been in force since before
1967; a list of these is attached. The great majority of these have in
fact been in force since 1950.
2.
The Committee, under the Solicitor General's chairmanship, which was
appointed to review Emergency Legislation has now furnished its
recommendations on this second category of En.ergency Legislation, as
follows :-
(1)
(2)
(3)
(4)
Regulations 50 and 51.
These give powers to control the entry and departure of ships and
aircraft, and to detain ships, aircraft and vehicles as well as the
persons on board. Regulation 51 will be used in the event of a foreign
military aircraft landing in Hong Kong. Similar powers have since been
provided in the Public Order Ordinance (Cap. 241), Section 34 of which
allows for the control and employment of vessels and aircraft; and
Section 35 of which authorises the Governor to detain vessels and
aircraft if it is in the, interests of public order to do so. The
Committee recommends that orders should now be made under Section 35 of
the Public Order Ordinance authorising the detention of any C. P. G. or
Taiwanese military aircraft that may land without authority in Hong
Kong; Regulations 50 and 51 should then be repealed.
Regulation 25. This makes it an offence to display placards and other
material which incite to violence. The Committee recommends that an
equivalent provision should be made in permanent legislation and
Regulation 25 then repealed.
Regulation 37. This empowers the C. P. to make an order excluding any
person from particular areas of the Colony, or requiring him, to report
his movements, etc. A Police Supervisio Order has been made in respect
of one detainee under this Regulation and it should therefore remain in
force until it is felt that such orders are not likely to be necessary.
Regulation 40. This is an ancillary power to the detention powers
conferred in Regulations 29 an 31. The Committee recommends that it
should remain in force as long as they do, and be discontinued with them
in due course.
CONFIDENTIAL
/ (5) ...
وادار
1. F. 323
(5)
CONFIDENTIAL
- 2
The remaining 26 Regulations should be discontinued, i.e. they will
remain in the Statute Book as Emergency (Principal) Regulations not in
force.
COLONIAL SECRETARIAT,
11th February, 1969.
CONFIDENTIAL
BRUITM
GP. 313
CONFIDENTIAL
ANNEX
Emergency (Principal) Regulations
Regulations in force since before 1967.
Powers
Requisitioning
68 and 69
83
Requisitioning and comniandeering of property other than land.
Application of the Defence Compensation Regulations.
Control of Communications :
50
51
52
50 and 59
66
Prohibition on ships and aircraft from entering or leaving the Colony.
Detention of vessels, aircraft, vehicles and persons therein.
Prohibition on supplying aircraft and ships.
Control and restrictions on use of territorial waters and roads.
Stopping and searching vehicles and vessels.
Control of activities by individual:
26
34
36
37
40
99
100
126
36
21
25
Prohibition on documents inciting to violence.
Declaration of special areas with consequent powers to stop and search
persons therein.
Transfer of persons in custody.
Restriction orders on movement of
persona
Detention of persons for enquiry.
Photographing and finger-printing of suspects.
Entry and search of premises, vehicles, vessels and aircraft.
Proscribing of organisations,
General power to affix notices.
Offences.
Possession of illegal wireless.
Distribution of placards etc, inciting to violence.
CONFIDENTIAL
/ 125.
I..P. 123
CONFIDENTIAL
125
117
118
119
120
124
132
133, 134, 135
and 136
- 2 -
Damage or interference with public works or communications.
Possession of offensive weapons.
Consorting with persons possessing arms ammunition etc.
Failure to report offence of carrying arms, ammunition etc.
Consorting with or harbouring persons wearing unauthorised uniforms etc.
Increased penalties for certain offences in closed or protected areas.
Offences in connection with licences and permits.
Ancillary provisions with regard to offences.
11th February, 1969.
CONFIDENTIAL
100027
C.3. 20A
SAVING DESPATCH
H
-
From the Governor, Hong Kong & Commonwealth Affairs To the Secretary
of State for *k* Gotă**&%
Repeated to:-
Repeated to:
267
7
No.
No.
No.
14
March, 1969.
17 MAR 1969
RECEIVED IN
ARCHIVES Ne 51
Reference...GR.2/3011/46.
Your Reference..
LILI---I
iUKKIN 20
Mr. Creech Jones' Circular Savingram of 18th July 1946v
Faergency Legislation
In accordance with the request in the last paragraph of the
savingram under reference, I report below the general position for the
six months period from 1st September 1968 to 28th February 1969.
2.
Defence Regulations
(1) No Defence Regulations were enacted or revoked during this
period.
(2) Enactments continued in forca
By a resolution made and passed on 18th December 1968 (L.N.
124/68), the Legislative Council extended the duration of the Defence
Regulations (Continuation) Ordinance (Chapter 309) for the term of one
year with effect from 1st January 1969.
3.
Emergency Regulationa
(1) Except as indicated in sub-paragraph (2), no new Emergency
Regulations were enacted during this period.
(2) Amendmenta
By the Emergency (Principal) (Amendment) Regulations 1969 (L.N. 16/69),
the Emergency (Principal) Regulations were amended by the addition of
four new regulations, 127, 127A, 127B and 1270C, dealing with
inflammatory posters and speeches. These new regulations incorporated
into the principal regulations in revised form the provisions of the
Emergency (Prevention of Inflammatory Speeches) Regulations 1967 (L.N.
80/67) and the Emergency (Prevention of Inflammatory Posters)
Regulations 1967 (L.N. 83/67) both of which were consequentially
repealed.
The new regulations 127, 127A, 127B and 1270 have not been brought into
operat-
ion.
The Emergency (Principal) Regulations were further amended by the repeal
of regulations 88 and 101 thereof. (se
see sub-paragraph (4)(a)
below.)
1
(3) Discontimmance of Operation
By the Emergency (Principal) Regulations (Discontinuance) Order
1969 (L.N. 9/69), the operation of the regulations of the Emergency
(Principal) Regulations specified in the following Table
was discontinued:
TABLE.
Regulation
27
41
129
Subject matter
Dissemination of false reports.
Power to seize weapons.
Sabotage.
(4) Repeals
(a) By the Emergency Regulations (Repeal) (No. 2) Order 1968
(L.N. 102/68), the following regulations were repealed
-
(1) Regulations 88 and 101 of the Emergency (Principal) Regulations.
Regulation 88 contained provisions relating to the holding of criminal
proceedings in camera and these provisions have been incorporated into
the Criminal Procedure Ordinance (Chapter 221). Regulation 101 contained
provisions relating to special constables and this regulation was
repealed because adequate provisions relating to special constables are
now contained in the Public Order Ordinance (Chapter 245).
(ii) The Emergency (Courts) Regulations 1967 (L.N. 79/67) the provisions
of which have been incorporated in the Criminal Procedure Ordinance
(Chapter 221).
(iii) The Emergency (Legal Aid in Criminal Cases) (District Court)
Regulations 1967 (L.N. 138/67). These regulations were repealed in
consequence of the discontinuance of operation of regulation 136▲ of the
Emergency (Principal) Regulations (which increased District Court's
power of sentence for certain offences).
These
(b) By the Emergency (Firework) (Repeal) Order 1968 (L.N. 120/68),
the Emergency (Firework) Regulations were repealed. Regulations were
enacted in 1967 mainly for the purpose of enabling the Authorities to
exercise the necessary control of fireworks so as to deprive those who
made terrorist bomba of the material with which to make them. It was
considered that adequate control could be exercised in relation to
fireworks under the Dangerous Goods Ordinance (Chapter 295) and
regulations made thereunder. Accordingly, the Dangerous Goods (General)
Regulations (which inter alia provided for exemption from certain
prohibitions in relation to the conveyance and storage of quantities of
fireworks of less than 50 lb.) were, concurrently with the repeal of the
Emergency (Firework) Regulations, amended by removing such exemption and
thereby subjecting any quantity of fireworks whatsoever to control.
Since adequate control of fireworks could be effected under the
Dangerous Goods Ordinance, the Emergency (Firework) Regulations were no
longer required and were therefore repealed.
i
- 3
-
(c) By the Emergency Regulations (Repeal) Order 1969 (L.N. 17/69),
the following were repealed -
(1) The Emergency (Prevention of Inflammatow Speeches) Regulations 1967
(L.N. 80/67) and the Emergency (Prevention of Inflammatory Posters)
Regulations 1967 (L.N. 83/67), the provisions of which have been
incorporated into the Emergency (Principal) Regulations though, as has
been mentioned in paragraph 3(2) above, they have not been brought into
operation.
(ii) The Emergency (Closed Areas) Regulations 1967 (L.N. 99/67) These
have been repealed because adequate provisions are contained in the
Public Order Ordinance (Chapter 245).
(iii) The Emergency (General Holiday) Regulations 1967 (L.N. 180/67)
which were concerned with devaluation and have had their effect.
(a) In consequence of the repeal of the Emergency (Closed Areas)
Regulations 1967, the following Orders which were made in 1967 under the
Regulations have lapsed
(i) the Emergency (Closed Areas) (North Point Power Station) Order 1967
(L. N. 100/67);
(ii) the Emergency (Closed Areas) (Hok Yuen Power Station) Order 1967
(L.N. 101/67); and
(iii) the Emergency (Closed Areas) (Hong Kong Tramways Limited Depot,
Workshops and Welfare Centre) Order 1967 (L.N. 107/67).
CYPHER/CAT A
PRIORITY HONG KONG
TELECRAN NUMBER 481
CONFIDENTIAL
CONFIDENTIAL
TO FOREIGN AND COMMONWEALTH OFFICE
14 JUNE 1969
ADDRESSED F C O TELO 481 OF 14 JUNER FI PEKING
EMERGENCY LEGISLATION.
A FURTHER REVIEW OF EMERGENCY LEGISLATION STILL IN FORCE HAS
BEEN CARRIED CUT. AT THE PRESENT TIME ONLY THE FOLLOWING ITEMS
OF THE EMERGENCY (PRINCIPAL) REGULATIONS REMAIN IN FORCE:-
REGULATIONS 2,3,4,25, 29(1),30,31,37,49,66,85,96, 105A, 1006,
10,113,134, AND 136. THE MOST CONTROVERSIAL OF THESE ARE
REGULATIOUS 29(1),38,31 AND 42 WHICH RELATE TO THE DETENTION
OF PERSONS UNDER AN ORDER MADE BY THE COLONIAL SECRETARY.
YOU ARE ALREADY AWARE THAT NO PERSONS ARE NOW DETAINED UNDER
REGULATION 31.
3.
I INTEND TO TAKE ACTION ON THE ABOVE AS FOLLOWS:-
(A) REGULATIONS 29(1), 30, 31 AND 43 WILL BE DISCONTINUED BY
AN ORDER TO BE PUBLISHED IN THE GOVERNMENT GAZETTE ON FRIDAY,
29TH JUNE. AN EXAMINATION TO SEE WHETHER IN DUE COURSE ANY
AMENDMENT OF THE SUBSTANCE OF THESE REGULATIONS SHOULD BE MADE,
AND IF SO AT WHAT STAGE IT SHOULD BE ENACTED, IS IN HAND.,
(B) REGULATIONS 66 AND 110 WILL BE SIMILARLY DEALT WITH AT THE
SAME TIME
/(c)
RECEIVED IN
.
RUSTRY Nɔ.51
114. JUN 1969
HILIL14/20
CONFIDENTIAL
+
:
:
схо
CONFIDENTIAL
-
2
(C) REGULATIONS 3,4,85,170A, 1200 AND 131 WHICH MAKE GENERAL AND
PROCEDURAL PROVISIONS APPLICABLE TO OTHER REGULATICHS WILL
SIMILARLY AND SIMULTANEOUSLY BE DISCONTINUED.
(D) THE INTENTION IS THAT REGULATIONS 25,96 AND 113 SHOULD BE
INCORPORATED IN DUE COURSE IN PERMANENT LEGISLATION AND
THEY WILL THEREFORE FOR THE TIME BEING BE RETAINED IN FORCE.
REGULATION 37 WHICH PROVIDES FOR RESTRICTION ON MOVEMENT,
RESIDENCE, ETC. OF INDIVIDUALS IS STILL REQUIRED FOR THE TIME
CLE AS ORDERS MADE UNDER THIS REGULAT 101 AGAINST A LIITED
SAYER OF LAIVIDUALS STILL DU. SIST.
F) REGULATION 2 PICH IS PURELY INTERPRETATIVE WILL REMAIN IN FORCE.
(G) REGULATION 136 HIGH IS A GENERAL PENALTY CLAUSE IS
REQUIRED UNTIL REGULATIONS 25, 37,96 AND 113 ARE NO LONGER IN FORCE.
F.C.O. PLEASE PASS PRIORITY TO PEKING,
SIR D. TRENCH
[REPEATED AS REQUESTED]
DEFARTMENTAL DISTRIBUTION
HONG KONG DEPT.
F.E.D.
LEGAL ADVISERS
NEWS DEPT.
O.P.A.
M.O.D. (INTERNAL)
FFFFF
CONFIDENTIAL
NOTHING TO BE WRITTEN IN THIS MARGIN
Registry No. HKK 14/20 HKK14/20 thing long best,
DEPARTMENT
SECURITY CLASSIFICATION
Top-SECTET Secret
Confidential Restricted
Unclassifed
PRIORITY MARKINGS
Flash-
Immediate Priorly Routine
(Date)....
* Date and time (G.M.T.) telegram should
reach addressee(s)....
Despatched
PRIVACY MARKING
In Confidence
"In Clair. Code Cypher
Draft Telegram 6:-
Gov. Hay King
завь 1
No.
(Dale) 16 June
And to:-
Repeat to:--
Saving to:-
Distribution:-
Files.
H. K.D.
[Security classification]
[
-if any
Privacy marking 1
-if any
[Codeword-if any]
Addressed to
telegram No....
And to
J.-J
767
1646
CYPHER
lecafidential
Gormar Hong Kong..
repeated for information to...
Saving to
(date)
Your telegram No. 181. [Emergency Legistation. ]
It is possible that position regarding emergency
regulations may
by raised by supplementary
SORENSEN'S
question when reply is gevin to Lord Sovensen's
Parliamenting Question
belegans No. 456 refers). If repeat this
Lappens
on 19 June (your
reparatio
Minister cones
intention to discontinue
it would be helpful if
F.ED. Copies to:-
Say
that it is
16/6.
your
Certain emergency regulations, including Regulation 31, on 20 June (your
parapath 3 (A)} } refers). Gratiful to learn earliest whether
you
world
/ see
See any Rjection to this informations
here
being disclosed on the day before you intend to descontine the
Regulations
iap
It would not
concerned.
be disclosed unless matter were
Specifically
raised in supplementaries.
(8430) Dd.033246 600m 9/66 G.W.B.Ltd, Gp.863
(зеле
ANS
16.6.69.
NOTHING TO BE WRITTEN IN THIS MARGIN
C
CYPHER/CAT A
CONFIDENTIAL
σ
IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TELEGRAM NUMBER 396
CONFIDENTIAL.
YOUR TELNO 481: EMERGENCY LEGISLATION.
TO HONG KONG
16 JUNE 1969 (H.K.D.)
HKK 14/20
IT IS POSSIBLE THAT POSITION REGARDING EMERGENCY REGULATIONS MAY BE
RAISED BY SUPPLEMENTARY QUESTION WHEN REPLY IS GIVEN TO LORD SORENSEN'S
PARLIAMENTARY QUESTION ON 19 JUNE (YOUR TELNO 456 REFERS). IF THIS
HAPPENS IT WOULD BE HELPFUL IF MINISTER COULD SAY THAT IT IS YOUR
INTENTION TO DISCONTINUE CERTAIN EMERGENCY REGULATIONS, INCLUDING
REGULATION 31, ON 20 JUNE (YOUR PARAGRAPH 3(A) REFERS), GRATEFUL TO
LEARN EARLIEST WHETHER YOU WOULD SEE ANY OBJECTION TO THIS INFORMATION
BEING DISCLOSED HERE ON THE DAY BEFORE YOU INTEND TO DISCONTINUE THE
REGULATIONS CONCERNED. IT WOULD NOT BE DISCLOSED UNLESS
MATTER WERE SPECIFICALLY RAISED IN SUPPLEMENTARIES,
STEWART
FILES
HONG KONG DEPT.
FAR EASTERN DEPT.
NNNNN
CONFIDENTIAL
100
10
IMMEDIATE HONG KONG
TO
CONFIDENTIAL
TO FOREIGN AND COMMONWEALTH OFFICE
TELEGRAM NUMBER 486
17 JUNE 1969.
CONFIDENTIAL
PY
YOUR TELEGRAM 396 : EMERGENCY LEGISLATION,
29TH JUNE IS MERELY THE DATE OF PUBLICATION IN THE GAZETTE AND HAS
NO PARTICULAR SIGNIFICANCE. IN ORDER TO AVOID LOCAL PRESS, ETC. FIRST
HEARING OF THIS FROM LONDON, WE WILL ANNOUNCE OUR INTENTION ON 19TH
JUNE AND INFORMATION CAN THEN BE USED FREELY.
2. I HOPE NO IMPRESSION WILL BE GIVEN THAT THESE DECISIONS WERE TAKEN
AS A RESULT OF LORD SHEPHERD'S VISIT. AS YOU ARE AWARE, THIS IS NOT
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Private notes are available after approval.