concerned in the day-to- day operation of the port in an emergency,
whether short term or long term, arising fron labour troubles, blockade
or baycott or in the period of hostilities, not being full-scale war
affecting this territory, as laid down in the Joint Defence Schene and
its two earlier predecessors in emergency planning. You will recall that
Hong Kong was blockaded between 1867-86 and labour unrest and a boycott
made trado and port operations difficult in 1922-26.
3.
-
The Port Executive Committee now functions in low gear, on a
monthly-meeting basis, but in an emergency is designed to drive in high
gear on a daily-mecting basis, under my chairman - ship of the Port
Working Committee which is the sane group of port working and shipping
experts. I therefore deen it essential that provision be made to
establish by Order by proclamation or otherwise, the Port Working
Committec, with similar pavers to those needed in the energency period
1945-46, or specifically, if the 1940 Defence Regulations are to
disappear, the equivalent regulations of the Emergency (Principal)
Regulations, 1949. These would be, checking from Order No.9 of 1946,
E.P.R.s 42, 50, 57, 62, 63, 70, 71, 72, 73, 96 and 97. I suggest a draft
Port Working Committee Order is all that would be required at this
stage.
I now comment on each of the 1940 Defence Regulations, which you have
copied to me with your remarks and queries :-
4.
(i) D.R. 2, 3, 4 (E.P.R. 2, 3, 4). I comment only that there appears to
be no definition of "a competent authority" and that the lerchant
Shipping Ordinance is now that of 1953.
(ii) D.R. 37 (E.P.R.42). I agree that there is no need for this D.R. to
continue in operation, as being identical with E.P.R.42. As explained in
my paragraph 3, however, I suggest that the delegation by His Excellency
of the making of navigation orders, etc., would be required. At present,
I exercise these powers save in respect of scaplanes under the Merchant
Shipping Ordinance.
CEN
REGISTRY
NC_6967 DAIL 29/x
INWARD
LETTER
(iii)/
LI.D.020/55c
- 2 -
CONFIDENTIAL.
:
Yes
(iii) D.R.39 (E.P.R.50). There appears no need for D.R.39 to romain:
it has been in my absolute discretion for some 120 years or so under
section 64 (3) of the lerchant Shipping Ordinance, 1953, whether a ship
may clear for a port in China not open to foreign trade, and in the only
control of trade measures I know of in post-var years, the necessary
powers were given by the British Minister of Transport under the Control
of Trade by Sca (China and North Korea) Order, 1953. I agree that it is
desirable to amend E.P.R.50 to include the specific powers contained in
D.R.39 (1), including the issue of a licence with conditions, in place
of the present more general permissive powers . Delegation to the Port
Working Committee would also be necessary in this case.
(iv) D.K.43 (E.P.R.s 57 and 58). I am not concerned with E.P.R.50, but
if D.R.43 is rescinded, and I agree that it should be, I would wish to
see the powers in E.P.R.57 enhanced by the inclusion of "the use of any
dock, harbour, typhoon shelter, wharf, quay or pier". I can envisage
circumstances in an emergency when certain vessels would require to be
directed to particular places and prevented from entering others within
the harbour and the waters of the Colony, Delegation to the Port Working
Committee is also necessary.
(v) D.R.46 (E.P.R.62). E.P.R.62 is more specific under sub-paragraph (1)
(a) than the D.R. on the natter, and I agree that the D.R. is not now
needed, subject to any contrary opinion of the D.C. & I., as to whether
the Defence (Bunker Coal and Oil) Order is or is not still required. I
am assuming that the Controller, Fuel Unit, has all means of ensuring an
adequate stock for shipping of marine diesel oils in all qualities, and
of lubricating oils, in accordance with the advice of the original
Petrol and Oils Advisory Committee.
(vi) D.R.47 (E.P.R.63). I confirm that there is no need to
retain this D.R.
(vii) D.R.s 50 and 50A (E.P.R.s 72 and 73). A former competent authority
under these regulations and equivalents was the Port Executive
Committee. In particular respect of shipyards, drydocks, ship hull and
engine repairing and maintenance establishments, boatyards and slipways,
all of which are the concurn of the Assistant Director (Marine) who is
Controller, Sub-unit (ship repairs), it is essential to retain either
the Port Working Committee or myself as a competent authority to control
the prices of repairs, and of components supplied to shipping, as well
as to regulate or prohibit the carrying out of such work at particular
places, to conserve man-power.
In a similar way, the regulations of the charges for scrvices in
loading, unloading and transporting of cargo by godown, wharf,
lighterage or towing operators would be essential, and, I suggest should
be delegated to the Port Working Committee or to myself.
I agree that D.R.s 50 and 50A be rescinded, but, since these cover the
control of certain undertakings essential to the working of the port,
subject to the powers in the corresponding L.P.R.s 72 and 73 being
delegated as above,
(viii)/
11.D.020/550
- 3 -
CONFIDENTIAL.
(viii) D.R.55 (E.P.R.67). I agree that this D.R. bc rescinded in view of
its duplication in E.P.R. 67. This is one of the most important
regulations for my particular purposes since I an required to supply,
for the special duties of the Royal Navy and other forces, craft which
they do not themselves possess at present. In the first instance it is
hoped to charter these vessels but, if for political or other reasons
the local owners refuse to charter, it is essential for me to have
requisitioning powers. The Defence Secretary and Mr. Dawson are both
aware of one cventuality when an emergency in this Colony may not have
occurred or may not have been declared and the power to requisition one
or more local passenger vessels may be needed. D.R.55 may therefore need
to be retained, if there is no other way of obtaining quickly, in an
emergency affecting British subjects' lives elsewhere, the necessary
British registered vessels. In a long term emergency, the power to
requisition may be delegated to the Port Working Committee, but for more
rapid use, I suggest that it would be prudent to delegate to myself.
(ix) D.R.s 56,57.73 and 69 (E.P.R.s 70,71,96 and 97 respectively). I add
my comment on these particular regulations, so that you may know my
views, since the powers under them wore formerly, in 1946, delegated to
the Port Executive Committee. I agree that there is no need to retain in
operation these D.R.s but as E.P.R.70 covers godowns and lighterage,
E.P.R.71 covers the supply of water to shipping and to essential marine
services, both are important facets of port operations within the
responsibilities of the Port Working Committee. E.P.R. 96 is also a
regulation vital to shipping since the ordering of anti-sabotage
searches, prior to the sailing of ships should remain within my powers,
or within those of the Port Working Committee. The use of pencil
time-bombs and sabotage of machinery in ships are not unusual
clandestine operations in times of unrest, and not alone in wartime, as
the case of the "Chaksang" which blew up in this harbour on 7/8th
September, 1949, has demonstrated.
Filters
(J.P.llowitt)
Director of larine
c.c. Defence Secretary (r.Shephard)
Commissioner of Police (Mr.C.J.R.Dawson) Director of Commerce and
Industry.
JPH:aer
:
Jon A & (throlh (6.)
Soma Siston in the
arly 1/9.
2017
30/X
A
WARK
* The item uos.
You will rocall onling ny to trko up the task of roviowing
(a) thono noromey ("inciyl) copulation), 19749, at prosort in
oporation;
(b) the other morgoncy oulations still in oporation,
in accordnco with the uniortaking ivon to -^-d in evingran lo. 707 dated
17th: /il, 1962 (35 in Att. 7.C. "ilo).
¿yil,
[ or convalence acko, I have oponed a new confidential filo (also
attecka!)
into which your original instruction: hevo boon copied (at .l) em tho 4.
Oricco to the transactions boun copiat for the test.
2.
Aftor two confuronces with roprosentativos of C... (r. hopind) end C.P.
(¡Y. lauso.), a .ool doul o' pro; roca has boon rado; it is now the
puposo of tida noto, howvor, to ¿d into details of what has been pro
osol, and proɛragu can be briefly stated as follows
A. All 'araleidow rude unitor the barnagy Nomlatiora Ordinero. Cez, 2/1,
oflor tha mharvey (Or Ugls) o gltdoga. 19/0
*
refer to the appendix to Saungram uo 797185
No.
tork 13 proceo ing on thoso rog·letion) vith a viou to incorpor tien in
the parmanont law, vfloro nocoscary, and ovatal revocation.
I en afraid that the statement that all these regulations, soort !' ro 3
and 17, voulů bo rovokal by the amì of the your (at paru. 2 în fi..
`nvingram) is a little optinistic in cono casou. It should bo por 20 to
revoke itung 1, 5, 7, 9, 10, eml 12 by the ou! of this yxr.
མ
4 and 15 are aɩriting policy decision, and doponding on the outcáni, ray
bo rovokod by the on of this year, or my requiro legislation 14: could
not be unacted boforo rait your.
Iton 11 probably roțidres cmondant to the Crown Lenis oour die
Ordinance, în! it is now imposible for any such amontent to ba olas this
your.
Davidson / McRobert now advise again this, Draft reg's preferable
1
B.
ང་རྩ
Iton 14 must awit the now T. on? 5. Ordinuco, which will era not be
actol this year,
I suggest that the boot corso wild bo for no to prepare a dj, Savingras
towards the and of the ywer, gotting out a table sinäler to that
included in the last ono, illustinting the pro¿rass tint her
FoSanco Kolations.
A large number of Dafonos Mogulations wero contimod in o for a mambor of
years under the Supplies and Servicos ("mnaltiori. Lavoro) Act, 1945,
until 19%, vườn those regulations vor) conturqve un'or tha Fofonco
buletiora (Contimation) Onlinnance, 37 tir still in operntion aro
containɔd in the 'chợbilo to this (Wida
inco the fofouco opulations still in operation are practicrlly alk
aplicatod in tho barney (rincipol) gilations, 1949, they oug 11t10 point
in rovioving the latter without also revieving the fert a
of the Vadors in the chobulo to this Badinenco, Item 2 on hava boon
includal in error ('reo 15 uns revoked in 1924) co E and 10 vill bu
revold by the end of to your tiron the Trot
y
Lly
irec nation 50.
16.
ani
to
faa
༡;
...../..... .....1
C.
(ar oting) Crutmanco, 1955, 13 brought into operation.
In addition it shoulé bo possible to rovoke a large mubor of the ofco
opalations by the and of this your of oerly next your, though
regulation 50 13 e ctimbling bloc!:.
I have not yet tackled the "ofonco (Finnco) "egulations, and fool that
those will
15 until a lator stage.
vo to
Me Dofence Regulations (Contimation) Ordinanca 13 due to b - fanded by
ronnlution in Log.Co. in Ceca bur.
now is. (Pripefy))) roml, tione, 18/2.
I have boon through those regulations et prosont in opvrution vitä 2.
Zophard and r. Pawion, an those fell into thiroo catoorius -
(a)
Those monitrod to be in operution partinantly, end, thoreforo, to be
inkorporatol in the pourmurant Low;
(b) Thosa elroody sorsoda? by the permanent law and, thereforo,
able to be revoked;
(c) hooo not required to be in oporation at presont, but still
required in the avant of a full-scale emorgency (this to o3ily the
largest category).
Work is procooling on ragulation in category (a) and by the end of the
your it should be possible to rovoke some of those, along with thong fou
coming in category (b). LOVKIVOR, in dociling what to do about "houe
comin within catogory (c) wo are up animit an invalisto difficulty,
which enn ori "ba runolved, then a decision is takon on the future of
the morgency (incipal) omulations themselves: it is desireule,
tharofore, to havo a decision on this question as soon as possible, and
in onlor to assist, I will attempt to cursarizo tlo position below.
3.
(a) The hory ncy (vinciel) Tamilefious, 1949, voro completed
in August, 1949, by this department, and forunudad to lion. C.". on
23.0.49. At that tim, the qulations di. not contain the prosent
regulation 37, or any mchinary for bringing in ivicul regulations into
oparition spavatoly. It van to intention at that tim that, wilo tlo
angula^iona wore to bɔ Jubittal to x.Co. for information, discussion and
'approval in principio', thay veru not to bɔ oinctul bet buld
in readiness until their auctumt was clarly reconsary.
On 26.9.49. they voru nyroval in principle by the Covaring- in-Council,
who directed that t'ay wrɑ not to bɔ cactod at prosort.
On 20.12.49., hervor, on the advice of xocutive Council, the Govenor
directal that printing of the regulations should proceol with a view to
orly craetuunt, and that "some p30- vision shoul be incorporated in the
boy of the regulations enabling any or all of the regulations to be
brought into force by proclamica".
Accordingly,
plations wore oncoted on 20.12.49. ii luim egulation 137, allovin; the
coming into operetion by preclaration of separato regulations.
(b) The filos deling with this subjet contain no papos giving
detailed roenona for this stor, but cz" ir licstion of the rencom
aro,iven by a nota rašo soon aftanards by the at that timo, from which I
quoto
inco such 10 teletivo raamzodnono cond to be cost dobo in the worsening
iâmtion in Chùm on) in to instansing obility that repercuendous upon the
Colory wel to vay
...../......
Lly
3N
·red pation
.50.
•
16,
eni
to
/......
porious, the Tmorgoncy ( rimcil) Fogilation", 1949, word, in fact,
emretol and published .................
The consequonco is that e comprehensivo boy of roilations lave now been
published er onectol and cro in rodinose for izrollato uno in whole or
art.
In this way the public lavo boar ivon an oportuity to
conilor them and notice has boon savol thoroby that Covarrant has placo.
Itself in possession of loislative powers necessary to nout urgency as
it arinos to crontar or lessor de ros. Such procedure has, I baliovo,
rocoivod a most favour ble rocoption by the wall-disposed "ublic and
also, I baliovo, las had beneficial effect as a warnin or inlication of
Covant's conoral preparedness es for no the ill-18:038 aro concarnad,"
(c) In August, 1949, enuntuonto had boon made to the narconcy
Rogulations Ordinance, Cop. 241, on the A.G.'s advico, to make it clear,
that zurgency Regulations made unlar tho vrlinance could
(1)
(11)
7
inposs tho death penalty, and
altor the procedure of tricl for offoncas
apinst the ordinary law.
This provolod some ganarul criticism for >-of-ö in Jomery, 19.0, in
which he ralus the following points -
(1)
it would have boon proforable for 1.K. to have mde regulations under the
1939 Order-in-Council (a copy is to be found at p.427 of the attached
valun of lavo of the Colony of Forya); however, ho roolised that it
would be impolitic to ropeal the roulations now that they had bean
ɑractod.
(11)
ho appreciated that a stato of omorgoncy did in fact exist in.., though
not formally proclsfnod as it would be unlor the Order-in-Council
procouro,
(111) the wide powers conforred by the azindẳng Ordinance wore without
procedant in the Colonirl Epiro and should only by invoked aftor prior
consultation with S-Of-3 "
(iv) the fact tint the Ordirenco makes no rovision for declaring or
tinting a stato of carency is open to critician; and there thould at
least be provision in the regulations that hoy should continuo for a
limited period only.
(v)
there might wall bu another attack on the virus of the legislation in
fact, thuru was, but it was finally settled in favour of the Crown in
the use of LT BIN 10077 HELM
(v1)
he wild withhold the question of disallownco of the amomiing miimance.
(d) The Governor relied on 26.5.50. onclosing a noto pronared
by the A.G., Justifying the method adoptad: The explantion uns accepted
by S-of- in a further letter datal 25.7.50.
(0) Since the enactment of the relations, alergo rambor
have boon brought into oparution by proclaration, and a carlote list of
the30 is set out at 3 in the attached confi.onttal file. Cono leva boon
rʊvoltal except 116, which was transfer.od to other amorney rogulations
and 116, which was no longer retired.
In addition thorɑ havo boon over the yærs 9 coparate
....../......
[
亻
3.
- 4 -
sota of ananing rogilations, all prosuably on the legis
that they ware made on an occasion of sorgency or public danger"
egulations, two cajor practical difficulties cons to light-
low that we lave boom and to review the mercancy (rincipal)
(a) sxction 2(3) of the Ordinance providon that "any regulations
made uxlor the provisions of this section shall contime in force until
repooled by the Governor in Council; ONCO OLO of the relations is
brought into operation by proclaration, therefore, it must althor
contime in operation, or be revokej it cannot be simply taken out of
operation and ery regulation parnitting this would be ultra viros da
Ordimmo. This wo aro loft with a large marbor of regulations brought
into operation in 190 that cro not now required to be in operation, but
woul." still be requirəl in a full scale ones, joncy.
(b) undor 8.2 of the Oxliranes, while relation can be kept in
oporation ♫ mitoly, they can only be cracted on an occasion of
amargoncy.
ilo this might allow particular regulations
Go
to be added tñon required to post a minor morgoncy, it would dofinitaly
sex to œxclule a gunoimi rovision of the body of the relations designed
to bring the regulations up to date.
Shophard, Inwzion end bygolf voro all in a ram at that the bost courso
vould be to aim nt rovoking the morgancy (Principal) kogulations in
toto, and to have a set of regulations in roaines, parkaps already
printed, but not oractyl: the advantages of this courna would be
(a) it would solve the practical difficulty doseribed in xra. 3(a);
(b) it would orable tho ragilations to bo un'or constant roviov,
amonded at any time and without the nocassity to go back to
x.Co. each time;
(c) it would tend to avoid criticism cœnin our way, much as the
ramt criticism from Justice;
(a)
it would avoid the necanity to anund the Ordinance now, which would be
oasential if the prosont system in to bo contimed.
The fact that the rogulations would have to be formally enacted by the
Covernor 1Council when required to be brought into oparution would be no
obstaclo, ao this can be done I understand, vithout dolny and virüully
ea quicily as a Proclamation.
It wo·ld also rot affect the power to enact as a tœron ry peasure
amorgency roculations dealing with particular to ies (o.g. tio recort
anandmonta to
icila the Irmigation. 0.diranco).
If this rocaman lation is accented, then there vill bo no obstacle to
the ropaal of those corgency (Princiyl)ulations et prosont is operation,
vich are ro lo par təq dred to to in opalation but are roqul. od
novarthaloca to be in the comprehensive body of regulation desi nod for
a full scale anargency.
5. As regards the Ordinance itself, the -of-d's criticias was on three
accounts
(a) tho vy vido power to me regulations;
(b)
the lack of any nocosɛity for the formal proclamation of an Dvor poncy I
(c) the lack of any provision, limiting the duration of regulations
Ende under the Orlimaco is inst criticima osoma to love boon pertly
justified in that we have tended to uno evercancy regulations no if thay
voro purt of the permanent low, and not
...../.....
- 5-
rovision of a topovery nonnure
7.
Courver, now that tho Crdimaco in ita procent form has rocotvou tie
roluctant prowl of '-of-, I do not in ino that Governant would wish to
considor wackoning its position, by ropceling the Ordimnco and relying
on tho 1939 Order in Council, nor do I think it would be desirablo in
Hong Kong to have to proclaim a formal state of morjancy; it perms to no
to bo rozcomble to Poco nizu to fuct that thoro ray bo an anormcy,
limited to one perticilar aspect or topic, o.C., immigration or cholera,
to cope with which it would bo clumsy eri tiolitic to have to doclere a
state of marconcy. In a of the African Colonial tormitorios, Calinecos
have boen ornatel alon: tho lings of the Konya roparvation of Public
Tocurity Oreimoco, 190, Wich strikos a belanco botupan tho foral Urior
in Council procedure and the position in Tong Yong. wish to comidor the
substitution of
Again, however, I do not incino Covorment would
a nov úrlinuco for Cap. 241 at tho
provant timo, with tho likelihood that dornant ismog would be reisod
again. The criticism in Justice is not directo? against the Ordinance
and the
thod of bringing morgoney regulations in boing, but against the
continuo? use of morgency Rojuletions, in circumstances which can hardly
be describod ng an emergency.
Unless you wuld liko no to consider changes in the structwo of the
Guimarco, I am not, thoroforo, proposing to do so.
ود
It coons to no that hon the nor oney (vincial) suletions, 1949, were
crectal, it uns probably not mvisaged that they should ranin poranently
auctals thoy voru unnacted because at tlat Two there was reco nizol to
bo an onɑrgency, nni Long Yong; we thought to be in imminent dangor.
Since thon, howevor, the tondancy sox to have boon to regard tion as
permanent.
The only cltamativo to the proposals at para. 4 would be to carry the
prevent taloncy to its logical conclusion and em.nd the välice along the
following linos
(a) to amblo rog:lation: erected by the Governor-in-Council to bo
brought into and out of oporation by Covornor's Crior (timus potting
over the difficulty montioned in parc. 3(a)).
(b) to omble rogulations to be rado at any tina, but only to be
brought into operation in en onmorguney; this would partly gat over the
difficulty multioned in para. 3(b) by cm bling anondpants to by nada to
regulations onnetod but not in oporation, in order to bring the
ropulations up to dato. This method ncitos the Governor the sola arbiter
than thoVO is en omorgon.cy; but this is practically the po-ition at
prosont since the Governor my bring into operation any of the morgency
(Principal) .ogulations, without rosort to Council.
7.
This proposal wuld, at least, love the zerits of -
(c) regularizing the prosont position;
(b) making it more offectivo.
and
I do not imagino, Lowever, that 'his alternative would bo accontablo to
the S-ofmi.
I would be glad to discuss this with you at your convenierco.
(3.6.". Favidson) Crown Counsal.
30.10.62.
T
100-7/61-B23938
613231159
MEMO
ADF7
CONFIDENTIA J.
id
From.....
Ref....
Local Department.
(22)
Tel. No. 95219
in AGO 0/1250/62
Director of lerino.
To....
Date. 31. 10. 02
Your Ref. (24)
in
1.D 020/55C. dated
26.10.02.
Rovision of Defence Regulations.
--
I have the follaring; comments on your recont pelo dated 26th October,
1962 :-
Fara ra h 3.
If the Port Working Committee is required to function as an executive
rather than consultative body in an emergency, perhaps the bost ansvar
would be
V
(a) to have a regulation in Part IV of the E.P.R's
enabling the Governor to establish a Port Working Committee by Order;
ana
(b) to have a draft order, establishing the Corrittce
(along the lines of the Fort Executive Committee Order 1946), and
appointing it to act as 'capotent authority' for such regulations as are
required.
If the Committee is required to be a consultative boly only, the
ostablishment and terms of reference could be by way of Gazette Notifi-
cation with the Director of larine appointed as Competant Authority.
Perhaps wo could discuss together with Ir. Shephard what is required, at
your convɑnience.
Paragraph 4 (1).
។
"Capetont Authority" is defined in E.P.R. 3(1). The term "person"
appoaring in this regulation would include, by virtue of its definition
in the Intarprotation Ordinance an unincorporated body such as the Part
Working Comittee.
I believe there is already in cristence a draft list of 'Competent
Authoritics' to be appointed undor 4.F.R's to which additions and
substitution can be made by lion. C.S. at any time.
Paragraph (ii).
Perhaps the term 'Carotent Authority' could be substituted for 'the
Governor' in E.P.R. 42, and the Director of Marine or Fort Working
Comittco noted as potential corpotont authority.
Paragraph 4 (iii).
The corresponding E.F.R. should be 53, not 50 - this was an
This E.F.R. docs contain the specific powers sot out
error on my part. in DR.39.
Paragraph 4(viii).
DR.55 is covered not only by E.P.R. 67 but also by Regulation 4 of the
Energency (Roquisition) Regulations, 1949, both of which are in
operation. Perhaps vo can discuss what is required hore with Ir.
Shephard and Ir. Darsan, before any action is taken.
Paragraph 4 (ix).
2.
The equivalent provision for DR. 69 is E.P.R. 82 and not 97.
As soon as time pernita vo will be undertaking a complete rovision of
the E.P.R's, and this would be a convenient opportunity for you to
consider any anondments or additions you may require to these Energency
powers.
c.c. llan. C.3. (IT. Shohar
C.P. (IT. Davaon)
* 7042 DATR..
31/
LITTER
Director of Conorce & In'untry.
hew Dauth-
(W. S. W. Davidson)
Cram Camsol.
/61-B23933
CONFIDENTIAL
MEMO
दिस
From.
Ref... (23)
Legal Department.
Postmaster General.
To...
.in.
AGO/8/1250/62
Date
31st October, 1962.
Tel. No..
95219
Your Ref.
in
dated.
Revision of Defence Regulations.
At present I an engaged on a revision of Defence Regulations retained in
operation after the end of the War with a view to revocation of those no
longer in use.
Those still in operation are listed in the Schedule to
the Defence Regulations (Continuation) Ordinance No. 37 of 1958.
2.
One of the Defence Regulations retained in operation is Regulation 73,
which reads as follows
"Power to obtain in- formation.
-
73. (1) Without prejudice to any special provisions contained in these
regulations, any person shall, on being requested by or on behalf of a
competent authority so to do, furnish ar produce to such authority or
person as may be specified in the request any such information or
article in his possession as may be so specified, being information or
an article which the competent authority considers it necessary or
expedient for the purposes set out in Article 2 of the Emergency Powers
(Extension) Proclamation to obtain or examine; and if any person fails
to furnish or produce any information or article in his possession in
pursuance of a request duly made to him under this regulation he shall
be guilty of an offence against this regulation.
(2) A competent authority, any person authorized by hin in that behalf,
and any person having the custody of an article produced for examination
in accordance with the provisions of paragraph (1), may for the purposes
of such examination open any vessel, box, crate, wrapper or other
container in which the article may be: Provided that, where practicable,
a container so opened shall be closed again after such exanimation and a
mark shall be fixed thereto denoting that it has been opened for
examination
(3) A prosecution in respect of an offence against this regulation shall
not be instituted except by, or with the consent of, the Attorney
Gonoral."
By virtue of G.II. 746 of 39, you are one of the Competent Authorities
under this regulation.
3.
re-
This regulation is enacted in virtually identical terus in regulation 96
of the Emergency (Principal) Regulations, which will cone into operation
in Encrgency. I should be grateful to know therefore whether you have
any objection to the revocation of Defence Regulation 73.
4.
I am available for consultation at any time, if you wish to discuss the
matter.
c.c. Hon. C.S. (Lir. Shephard)
/vf.
C.P. (tr. Davaon)
GwDard?
(W. S. W. Davidson)
Crom Counsel.
CENERENTIAL
KUSTRY
•
Me 2045 BATE 1/11/62
WAR
LETTER
:
23092
103
MEMO
CONFIDENTAAL.
(Attn. Ir.W.S.W.Davidson)
Loral Departnent
193
From
Director of Tarino
To
Telephone.
(22)
ACC 8/1250/62
Your Ref:
.in..
Date.
1st November, 1962
My Ref:
(26)
.in.
I.D.020/55c
levision of Defonc. Regulations.
101
Thank you for your rtun coment in your Lenorandum of 51st October, 1962.
I do not have, as yet, the facility of finding my way with case amongst
these Regulations, and your remarks and corrections are most helpful.
2.
In ny vic, the Port Working Committee is required to function as an
executive body in energency, and I an in agreement with your proposed
solution. I am available for discussions at any time convenient to all
partics.
Filtenis
(J.P.Howitt) Director of Marine
c.c. Hon. C.S. (Ir.A.J.Shephard) ✔
C. of P. (Iir.C.J.R.Dawson)
D.C.& I.
MESTAY
437949
DATL
AWARD
༠* ..
LETTER
(104) in CR.6/ 3231/59 II
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