along the lines of the brief. The Attorney General vás concerned that
Hong Kong had not had copies of all the correspondence and indeed that
de Basto was .n direct communication with Lord Shepherd. However on the
substance there was agreement that a slightly more forthcoming reply
could be sent so as not to exclude the possibility of appointments from
the local bar at some time in the future. I enclose a copy of a revised
draft which was agreed here, and Lord Shepherd should be asked to sign
on his return. It was considered preferable that the letter should not
be sent to de Basto from here. the letter has been signed, copies of it
and of related correspondence should be sent to the Governor.
Public Order Ordinance Lord Shepherd has agreed to the definition of an
offensive weapon desired by the Hong Kong Government.
When
As the question of the Kai Tak extension is more urgent I shall be
sending you a telegram about this.
W.8. Carlor Roy,, KIVO,
Foreign & Commonwealth Office.
(Jolla)
?
nov.
1
Reference
24
Flay 62
Flag
Mr. Carter
keview of Emergency Legislation: Hong Kong
The attached submission on the above subject was not seen by Lord
Shepherd before he left for Hong Kong. In his minute of 27 May Sir
Arthur Galsworthy accord- ingly suggested that Kr. Moreton should take a
copy of the submission with him to Hong Kong and show it to Lord
Shepherd there. Subject to the Minister's endorse- ment of the proposals
in the submission, Sir Arthur suggested that Mr. Moreton should use the
draft letter attached to the submission as a brief for the talks
2) which Mr. Moreton planned to have with the Governor
21/€
Flag (23)
25
ing
and his advisers.
2.
We have now received from Mr. Moreton a letter in which he suggests that
the draft letter attached to
the submission should now be sent to the Governor suit- ably modified to
take account of the former's discus- sions in the Colony.
3. We have since received Hong Kong telegram No. 481 from which it is
clear that the process of dismantling emergency legislation will be
taken a considerable step further on 20 June. I have accordingly
slightly modi- fied the original draft letter, as advised by Mr.
Moreton, and a copy of the modified draft is attached. The modified
draft also takes account of Hong Kong telegram No. 481.
(A. W. Gaminara) 18 June 1969
би А. Стольнсову
ŷ
recommend
that the letter,
As suggested
a mende d
after discussion
by Mr. Noration
with the Attorney General in
23
Hong Kong (Flay()
should
how
wis
Cartier
19/6/69
ANS 7016
1
NOTHING TO BE WRITTEN IN THIS MARGIN
CONFIDENTIAL
Registry No.
SECURITY CLASSIFICATION
Confidential Revogad Unlauslied.
PRIVACY MARKING
DRAFT letter
To:-
His Excellency
Sir David Trench, G.C.M.G., M.A
Government House, HONG KONG.
Type 1 +
From
25
Sir Arthur Galsworthy
Telephone No. & Ext.
}
Department
In Confidence
L
Flag J.
Flags A + B Flag I
it is most encouraging that you felt that you could safely take this
action.
Flag
a
ANG
2016
We were, as you can imagine, very pleased indeed
to receive your telegram No. 481 about emergency legis-
lation: As we see it from here, when the steps to
repeal or discontinue such legislation (as outlined in
your Saving Despatch No. 70, in your letter of 20
February and in your telegram) have all been taken, the
only emergency legislation still in force will be the
Emergency (Deportation and Detention) Regulations
together with the related Advisory Tribunal Rules made
thereunder.
We have, as you know, raised some points on certain
of the items of emergency legislation embodied (or to
be embodied) in permanent legislation, in correspondence
on the Public Order (Amendment) Bill and the Criminal
Procedure (Amendment) (No. 2) Ordinance, 1968. There
raise with you) is one additional point
we would wish to make Jon the
proposals set out in your Saving Despatch No. 70.
concerns Regulation 96 of the Frincipal Emergency Regu-
lations requiring members of the public to identify
themselves to police officers and military personnel.
There is no difficulty about
This
No objection to coon te conferring on military
officers "acting in the course of duty" permanent powers
بة
to require people to identify themselves; the circum-
stances in which/military officer's duty would involve
him in checking a civilian's credentials are strictly
But it has beew pointed met here limited and defined. we are uuvise",
however, that for
(115281) Dd. 391599 1,500 2,69 Hw.
/ the
CONFIDENTIAL
the purposes of permanent legislation the application
to police officers of the words "acting in the course
ases Clem &
90
retter
of his duty" eee/too far.
It confers a much wider
power than is normal, e.g. in this country where it is
confined to the performance of a police officer's duty
to prevent and detect crime. I understand that during
his recent visit to Hong Kong, John Moreton discussed
this point with Denys Roberts and that the latter
disky thinylt that
red that the powers of police officers in this con-
text could without difficulty be modified accordingly.
probleme
We hope therefore that this particular difficulty has
But
you should feel that
been resolved. However, if there are special circum-
which
would
stances in Hong Kong that in your view justify the con-
ferment in permanent legislation of a wider power on
I am sure you would let me kuaj.
police officers, we eneuld be glad to know what these
it would be very helpful if you could are. In the event there would be
advantage, I feel
let us see
pure, in our seeing your proposed legislation in draft.
NOTHING TO BE WRITTEN IN THIS MARGIN
لح
CONFIDENTIAL
Sent
23rd June, 1969.
DO.
We were, as you can imagine, very pleased indeed to receive your
telegram No, 481 about emergency legislation: it is most encouraging
that you felt that you could safely take this action.
As we see it from here, when the steps to repeal or discontinue such
legislation (as outlined in your Saving Despatch No, 70, in your letter
of 20th February and in your telegram) have all been taken, the only
emergency legislation still in force will be the Emergency (Deportation
and Detention) Regulations together with the related Advisory Tribunal
Rules made thereunder.
почет
2.
We have, as you know, raised some points on certain of the items of
emergency legislation embodied (or to be embodied) in permanent
legislation, in correspondence on the Public Order (Amendment) Bill and
the Criminal Procedure (Amendment) (No. 2) Ordinance, 1968. There is one
additional point we would wish to raise with you on the proposals set
out in your Saving Despatch No. 70. This concems Regulation 96 of the
Principal Emergency Regulations requiring members of the public to
identify themselves to police officers and military personnel.
3. There is no difficulty about conferring on military officers "acting
in the course of duty" permanent powers to require people to identify
themselves: the circumstances in which a military officer's duty would
involve him in checking a civilian's credentials are strictly limited
and defined. But it has been pointed out here that for the purposes of
permanent legislation the application to police officers of the words
"acting in the course of his duty" does seem to go rather too far. It
confers a much wider power than is normal, e.g. in this country where it
is confined to the performance of a police officer's duty to prevent and
detect crime. I understand that during his recent visit to
Ou 15.7.69
(rejse)
Amo
مینا
15/7/0
1$8.69
24,6,
Sir David Trench, GCMG., MC.
CONFIDENTIAL
(2
28
Hong
*!..
CANDIDENTIAL
(0) (0)
Hong Kong, John Moreton discussed this point with Denys Roberts and that
the latter thought that the powers of police officers in this context
could without difficulty be modified accordingly, We hope therefore that
this particular problem has been resolved. But if you should feel that
there are special circumstances in Hong Kong which would justify the
conferment in perman ent legislation of a wider power on police
officers, I am sure you would let me know. In that event it would be
very helpful if you could let us see your proposed legislation in draft,
`i·
(A,N. Galsworthy)
CONFIDENTIAL
Vitor
༦༽ས་
J
अ
HONG KONG GOVERNMENT
NFORMATION SERVICES
DAILY INFORMATION BULLETIN
SUPPLEMENT
Thursday, June 19, 1969
SINJENCY REGULATIONS DISCONTINUED
Twelve more emergency regulations are to be discontinued.
26
They include
Regulation 31 which empowers the Colonial Secretary to detain people for
periods
of up to one year.
The Order to be published in the Government Gazette tomorrow (Friday)
affects the following Regulations :-
Regulation
=
11
=
=
41
=
3- Appointment of competent authority
4
-
Definition of "authorised" officer
29(1)- Arrest and Power to detain suspected persons
30
31
-
-
Arrest of persons suspected of being liable to detention
Power to order detention
40 Further detention after arrest or detention under
Regulation 29
=
10
66
Power to stop and search vehicles etc.
85 - Publicity of orders
=
100 A
Use of Force in exercise of powers
100 B
Degree of Force
H
110
-
Injury to Property
:
131
-
Offences by corporations
Commenting on the Order a Government spokesman said, "This action has
been taken following a review which has been carried out over the past
year to
ensure that none of the Emergency Regulations are kept in force longer
than is
NeceABANY
"lowever, the discontinued regulations could be brought into force
again, should the need arise?" he added.
Release Time: 6 p.m.
R.
+
1
MOON
who
"
نا
U Pe. Bauj
вас
Cha
Emergy
веро
fute & p.b.
27)
then Extract "HK Plandard Salivida__ 21 June 196
A Colony back to nernal
нк
THE need for Emergency Regulation 31, we hope, will never arise again,
just as we hope that Hongkong will never have a repetition of the 1967
disturbances. The , repeal of the controversial, highly unsopular
regulation, which empowers detention without trial, is confirmation that
Hongkong is back to normal.
Tunic will tell whether the Government's belated but wise decision to
remove the blot on the Colony's mage will lead to any drastic change for
the better in relations with China, but there is this prospect now that
all the detainces are released..
Perhaps the visit of Bitam's Lord Shepherd did some good after all. The
repeal of the regulation, coming so soon after the British Minister's
visit, gives reason to suspect that Lordd Shepherd had something to do
with it.
There is also the possibility that the protests by the Reform Club in
December 1967 through Labour M.P. John Rankin in the House of Commons,
and the fierce attacks on the regulation by the Hongkong Branch of
Justice which presented a report for the Minister of Commonwealth and
Foreign Affairs, prepared the way for the repeal.
Hongkong did not have a more unwelcome regulation which virtually made
every peace-loving citizen of Hongkong a potentul criminal. It is true
that because the security of the Colony was threatened, the regulation
was necessary. But what rankled many minds was the thought that even
when no further threat to security existed, the regulation still
existed,
As the chairman of the Bar Association, Mr. Gerald de Basto has said,
his first reaction to the repeal WAS il sense of relief. If unfortunate
exceptional circumstances force another sel of emergency regulations,
legislature should provide safeguards against
of judgment errors
part of the administration.
on
the
Mr. Lee described the men?" he asked. world as "bi polar" world in which
only
two powers, the United States and Russia, had the capacity to destroy
each other and the rest of mankind.
"It is a problem that has arisen as a result of man's inventivehess and
ingenious creative capacity, and leaves the lesser nations with a great
problem.
Chango
"It would be togʻlish for us living in the Paci fie not to recognise
that moods change.
"The mood of the USA is of global interest with
complete confi- dence. 1has the wealth and technology to in- fuenge the
rest of the world.
"But what if the pen- 'dulum swung the other
And this was a m in which Russia/wi increasing its rajfge c nuclear
weapony.
"I would like t believe that Ketween th competing forces of th major
powers, Singa pore, pyfhaps in consor with its neighbours an Australia
and New Zei land, and maybe Japan cựổ find some area i Which there could
b relative security withou being fully committe at the drop of the fir
Bomb," he said.
Whis is what an national government e any tion must ton about."
Mr. Ley said ever age has its set of pr blems but "qur generi tion is
having more tha its fair share of trial and tribulations.
"Historians will te us there were very
The plight of UK's immigrants
THOUSANDS OF Britain's immigrant families are crammed Into single rooms
often with eight families to a house, according to a recent British
govern- ment survey.
But
increasing number of Immigrants, i anxious to merge into
the British way of life, are buying their own homes, promoting their OWN
businesses rising to positions of responsibility in their jobs.
or
The survey is based on a semiple 10 per cent of immigrants from the
"old" Com,
monwealth countries Australia, Canada and New Zealand and Tram the "new
Commonwealth which takes in the rest. including the main sources of
coloured inmmigrants. India, Pakistan and the West Indies.
The findings are published Aree years after the investigation,
A governmen spokesman explained
"The reason for theṚ time lag is that they things take such a long time
to prepare art evaluate. Obviously
can only be a guide- line."
The
survey show's there were $53,000 "new" Commonwealth Immigrants 125,986
of the "old" heré in 1966,
and
The Census dis- closed
Central London is the most popular place to live preferred b 45 per cent
of "new" Comungay Inimi-
grants,"
Criche, koverage family has three children or tinder. Only 11,500
*270,000 have
gir amore.
HET MY 20 14/20
Eighty-five per cen the "new" Com monwealth
Jully
employed
only three per-cen were supported by th country.
Many more Indian than Pakistanis West Indians are "whit collar" workers.
West Indians, on the whole, like to work ot buses and trains, mail
deliveries.
Pakistanis plek tex Hes: 10,000 in the mills compared with only 5,000
Indians and 2,000 West Indians Engineering is popula with all three.
GLENN GOODIY
CONFIDENTIAL
LACT
REF
NEXT
CR 12/3231/69
MR. W. S. Copter
2
ReR
28
GOVERNMENT HOUSE
HONG KONG
3077
9th July 1969
(25)
Dear Arthur
Thank you for your letter of 23rd June,
1969, about emergency legislation.
The point you make in your paragraph 3 is a valid one, and, as Denys
Roberts recently told John Moreton, I see no difficulty in accepting
your proposal to modify, for the purposes of incorporation in permanent
legislation, the emergency powers of Police officers under Regulation
96, whereby they may require members of the public to identify
themselves.
The overall position is not quite as described in your paragraph 1, but
may be set out as follows:-
(a)
Repealed
AN 39/70
Sub Fili
RECEIVED IN REGISTRY No. 51 31 JUL 1969
HKK 14/20
(b)
(c)
Rable, Order Cod.
Emergency (Principal) Regulations
incorp Sutter Wordin (i) Regulations 25, 96 and 113 are still
at present in force pending incorpora- tion into permanent legislation,
when they will be revoked.
(ii) Regulation 37 is still in force. pending revocation of the above
regulations, when it will be dis- continued but not revoked.
Cap 205
Discontinued
LN #2/70
(iii) Regulation 136 is still in force
pending revocation of Regulations troued
25, 96 and 113 and discontinuance of Regulation 37, when it will be
discontinued.
LN 53/70
(iv) Regulation 2, which is purely inter-
pretative, remains and will still remain in force.
Emergency (Deportation & Detention Regulations and the related Advisory
Tribunal Rules and Forms Order remain in force.
Covered by Pharmacy Vibians (Ag. Parsons) Res 1970
Emergency (Agricultural Poisons) Regulations; Emergency (Exportation
)(Miscellaneous
Provisions) Regulations;
Repealed
IN
Emergency (Royal Navy) Police Powers Regulations; and
Emergency(Requisition) Regulations
all remain in force for the time being, pending
Sir Arthur Galsworthy, KCMG,
Foreign & Commonwealth Office.
1
F
2.
the completion of various pieces of permanent legislation, the enactment
of which, while covering many other matters, would also make such
provisions as would enable these regulations to be revoked. Of these,
the Emergency (Agricultural Poisons) Regulations are likely to be
replaced and revoked quite soon: revocation of the remainder may take
some time.
I hope this now makes the full position
Yers ever
David.
clear.
I
|
5.8.69.
I
:
Reference
with (28)
(28)
does not require
reply.
пр
to No. Gammara
of next week @
The
зоря.
Should
be brought
Lú
the const
2.
St-
world
Seem
that
worting
من
we did
at (25)
we overlooked the
minor emergency regulations
al- (c) -
which
were not wichuated in
The
Governor's schedules of emergency
tegulation in force ?
A.5. Carter
31/7/69
2600027 C.S. ZOA
SAVING RACE DESPATCH
From the Governor, Hong Kong To the Secretary of State for the
Foreign & Commonwealth Affairs
Repeated to:-
Repeated to:-
Date
September, 1969.
My Reference.
GR 2/3011/46
Your Reference...
29
No.
1026
No.
No.
Mr. Creech Jones Circular Savingram of 18th July 1946.
Emergency 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 March 1969 to 31st August 1969.
2.
period.
3.
Defence Regulations
No Defence Regulations were enacted or revoked during this
Emergency Regulations
(1) No new Emergency Regulations were enacted during this period.
(2) Amendments
By the Emergency (Principal) (Amendment) (No. 2) Regulations
1969 (L.N. 44/69), the Emergency (Principal) Regulations were amended by
inserting in regulation 119A a new paragraph (4) to afford a defence to
a person charged with an offence in connexion with a simulated bomb. The
provision was contained in regulation 119E which was repealed in
consequence of the repeal of regulation 119D.
$4.67
Sab
(3) Discontinuance of Operation
(a) By the Emergency (Principal) Regulations (Discontinuance)
(No. 2) Order 1969 (L.N. 43/69), the operation of the regula- tions of
the Emergency (Principal) Regulations specified in the following Table
was discontinued:
This does not effect the position as stated
in (28)
DIN
551 12 SEP 1969
WKK 14/20
PA.
17.9
69
No comments yet.
Private notes are available after approval.