Ordinance. See my memo to P.M.G., copied to you, dated 9.10.62.
Regulation 34 is already covered by legislation under the Public Order
Ordinance. It's revocation was recommended as far back as 14.3.58 at a
meeting held in Defence Secretary's office. (See C.S. memo dated
20.3.58, ref. D/VP/CA).
Regulation 57 is already covered by section 12 of the Public Order
Ordinance. No area appears to have been gazetted under regulation 57,
but I would be grateful if you could check that no area has in fact been
closed under that regulation.
In view of our undertaking in paragraph ♦ of our Savingram 797 to review
the necessity to keep E.P.R.'s in operation, and the fact that I am now
preparing a Savingram setting out progress, I think it would be as well
to revoke these three regulations now: This would indicate that some
progress at least has been made. I forward, therefore, a draft order
revoking these regulations. If you agree to this could you arrange for
submission to Ex-Co as soon as possible.
5. To refer back to section 12 of the Public Order Ordinance, I note
that the fact that the Public Order (Movement of Craft) Order, 1949 (p.
177 of Vol. XI) appears to be still in existence: This order prohibits
the movement of craft from 10 p.m. to 6 a.m. throughout the whole of
Deep Bay and the greater part of Mirs No Bay, and I presume has only
been kept alive as a result of an
oversight and can now be revoked.
c.c. C.P. (Mr. Dawson
enc.
/ap
NC
A
534
DAN 8/2/63
LETTER
N
@~ Daudin
(F.S.W. Davidson) Crown Counsel
73A
0000781
00x10-5/62-B28427
CONFIDENTIAL
MEMO
О
From......... Legal Department..
To Hon. C. S. (Mr. Shephard) (2)
Ref.
Tel. No. 95219
....in...AGO 8/1250/62
Your Ref.
in.
Date 7th February, 1963.
dated..
Si
یا
C
2.
Revocation of Emergency (Principal)
Regulations, 1949
Gazetting of areas under section 12
of the Public Order Ordinance.
I refer to the subject matter of
-
A.G.'s memo to C.S. dated 5.12.62
C.S.'s memo in reply dated 9.1.63 (ref. (121) in
S.G.'s memo in reply dated 22.1.63
CR 6/3231/59 II)
In discussion with S.G., it was agreed not to revoke those E.P.R.'s
coming within category (c) of paragraph 3 of A.G.'s memo dated 6.12.62,
until the revised regulations had been set out in roof form; but that
there was obviously no reason why we should not go ahead immediately
with the revocation of those coming within category (b) of the same
paragraph.
3. It appears to me that there are only three regulations coming within
category (b)
4.
Regulations 21, 34 and 57.
Regulation 21 has been rendered obsolete by the new Telecommunication
Ordinance. See my memo to P.M.G., copied to you, dated 9.10.62.
Regulation 34 is already covered by legislation under the Public Order
Ordinance. It's revocation was recommended as far back as 14.3.58 at a
meeting held in Defence Secretary's office. (See C.S. memo dated
20.3.58, ref. D/VP/CA).
Regulation 57 is already covered by section 12 of the Public Order
Ordinance, No area appears to have been gazetted under regulation 57,
but I would be grateful if you could check that no area has in fact been
closed under that regulation.
In view of our undertaking in paragraph 4 of our Savingram 797 to review
the necessity to keep E.P.R.'s in operation, and the fact that I am now
preparing a Savingram setting out progress, I think it would be as well
to revoke these three regulations now: This would indicate that some
progress at least has been made. I forward, therefore, a draft order
revoking these regulations. If you agree to this could you arrange for
submission to Ex-Co as soon as possible.
5. To refer back to section 12 of the Public Order Ordinance, I note
that the fact that the Public Order (Movement of Craft) Order, 1949 (p.
177 of Vol. XI) appears to be still in existence: This order prohibits
the movement of craft from 10 p.m. to 6 a.m. throughout the whole of
Deep Bay and the greater part of Mirs Bay, and I presume has only been
kept alive as a result of an oversight and can now be revoked.
wewDanshi
(W.S.W. Davidson) Crown Counsel
c.c. C.P. (Mr. Dawson)
enc.
ap
E.
EMERGENCY REGULATIONS DRDINANCE
(Chapter 241)
Emergency (Principal) Regulations, 1949 (Revocation of Regulations)
Order, 1963
12%
In exercise of the powers conferred by section 2 of the
Emergency Regulations Ordinance, the Governor in Council has made
the following Order
Citation.
1. This Order may be cited as the Emergency (Principal)
Regulations, 1949 (Revocation of Regulations) Order, 1963.
་ ་ཡ、
Revocation of
certain regulations.
2. Regulations 21, 34 and 57 of the Emergency (Principal)
Regulations, 1949 are hereby revoked.
COUNCIL CHAMBER.
Clerk of Councils
EMERGENCY REGULATIONS DRDINANCE
(Chapter 241)
Emergency (Principal) Regulations, 1949 (Revocation of Regulations)
Order, 1963
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, the Governor in Council has made
the following Order
Citation.
1. This Order may be cited as the Emergency (Principal) Regulations,
1949 (Revocation of Regulations) Order, 1963.
Revocation of certain regulations.
2. Regulations 21, 34 and 57 of the Emergency (Principal)
Regulations, 1949 are hereby revoked.
COUNCIL CHAMBER.
Clerk of Councils
آنا اور یاد اما
6/5431
1
British Forces Secretariat Headquarters British Forees HONG KONG
Tele: 35861 Ext 227
1401 SEC
Feb 63
Zu Jaio
Pase Operations Officer, HMS TAMAR Principal Air Staff Officer, Air HQ
G30 2 (Opa) HQ Land Forces
REVISION AND REVOCATION OF ALL EXISTING
EMERGENCY DEFENCE REGULATIONS
The attached copy of Secretariat Temporary Circular No 'L' 5 sets
out proposals for the revision and revocation of all existing Emergency
Defence Regulations.
2. I have been requested by the Defence Secretariat to inform the
Service Commanders and let them know in due course if HQ British Forces
wishes to make any representations concerning Wilitary interests in this
legislation.
3. Proposals contained for revoking these regulations are contained in
documents which are not held by the Services. I have accordingly
arranged with Hr AJ SHEPHERD of the Dofence Secretariat for a meeting at
1000 hrs on Friday 15th in his office when the regulations in question
and subjects involved can be seen and discussed by representatives of
the Services.
4. I would be grateful if you could represent the Service Commanders at
this meeting and let me have your agreement or otherwise to the
revocation of the regulations concerned.
JI
844
11/2
Shemma.
Commander RN
80 British Forces Secretariat
(S LEONARD)
Copy to : "Defence Secretariat (for Mr AJ SHEPHERD)
73
0000730
Jx100-3/C ́LB28360
CONFIDENTIAL.
MEMO
From Attorney General
To Hon. Colonial Secretary...
(2)
Ref.......
AGO 8/1250/62 II
.in.
95255
Tel. No...
Your Ref.
(121)
in.
Date CR6/3231/59 II
12th February, 1963.
dated...
9th January, 1963.
/mmr
EMERGENCY LEGISLATION.
12.1
As agreed by paragraph 2 of your memo under reference,
I attach a draft savingram with regard to Emergency Legislation.
atr-130'
Mama Berman
(M. Heenan)
Attorney General.
CONFIDENTIAL
NO.. OLY GATE 10/2 WZAKD LETTER
RY
*
+4
vio near tu
1
CUNF
LUNCIEN
CC Hon AG
Draft Savingram for Secretary of State
Revision of Emergency and Defence
regulations in Hong Kong.
hi Cit
5 hi
2/350/+6
1.
In accordance with the request in the last paragraph
of Mr. Greech Jones Circular savingram of 18th July, 1946, I
report below the general position for the six month period 1st
September, 1962 - 28th February, 1963:-
(a)
No new Defence or Emergency Regulations have been enacted.
(b)
(c)
A number of sets of regulations and orders made under the
Emergency Regulations Ordinance have been revoked or will be
revoked in the near future.
Enektarine
(See appendix "A" attached)
Some of the regulations of the Emergency (Principal)
Kusw.en free. He pisite
Ar
you
by
Regulations, 1949, that had been brought into operation to these
at Enchart 6.
by own
have been revoked or will be revoked in the near future.
(See-appendix "B" attached)
(a)
A number of Defence regulations and orders have been
revoked.
Echouwn C
(See appendix "G" attached)
2.
In my savingram No. 797 dated 17th April, 1962, entitled
"The Rule of Law in Hong Kong," I referred to the action being taken
to dispense with Emergency regulations in operation in Hong Kong.
immfa la
O with
Cern
1962 timer, Recently a major revision has been undertaken of all
Emergency and
Defence regulations and of other temporary post war legislation, ant
A comparison of Appenxid "A" attached to this savingram
162
во
A
with Appendix "A"-attabbed to Savingram No. 797, and of Appendix "B"
attached to this savingram with Appendix "B" attached to Savingram No.
797 will give an indication of the progress made in the revision of
Emergency regulations.
tich
-2-
C
Appendix "g" attached indicates the progress made in revision of Defence
Regulations and other temporary post war legislation.
3.
As regards the future I propose to take the following action:-
(a)
to press ahead with all possible speed with the
incorporation into the permanent law of such Emergency regulations,
Emergency (Principal) Regulations, Defence
Regulations and other temporary post-war legislation
as are required for normal purposes in the manner
endly
to he
indicated in the various appendices; the only exception
to this is the Emergency (Deportation and Detention)
Regulations, 1962, which I propose to retain as Emergency
legislation until such time as they are no longer required;
(b) to prepare a revised set of regulations for a future full scale
emergency, based on the Emergency (Principal) Regulations, 1949, to be
set up in proof form by the
Government Printer and held in readiness; as soon as this task is
completed, the Emergency (Principal) Regu-
lations will be revoked.
onit
(c) in due course to prepare a set of regulations, designed
to meet an atomic emergency, which would again be set-up
in_proof-form-and-held in readiness.
L
}
1.
2.
3.
APPENDIX "A"
Present Position of Emergency Regulations other than the Emergency
(Principal) Regulations, 1949,
Title of Regulations.
Prevention of Cholera Regulations, 1938.
Mvileed by
IN 22/62
Emergency (Requisition) Regulations, 1949.
Before (have) all.
1207
Emergency (Royal Navy)(Police Powers) Regulations, 1949.
Comment.
Covered by other legislation so far as the Urban areas are concerned,
and will be covered for the New Territories
on commencement of the Food Business (New Territories) Regulations,
1963. A draft order has been prepared to revoke the 1938 regulations
with effect from the date of commencement of the 1963 regulations; this
is expected to be about the middle of 1963.
Revocation is held up for two reasons :-
(a)
(9)
property which is still requisitioned under regulation 3 must be
derequisitioned before
revocation.
8 out of 12 remaining orders under regulation 6 have been revoked. (see
G.N.A. 140/62);
the remaining four, which relate to ranges still in use, are to be
incorporated in the
now Defence Bill, on which work will shortly be beginning.
Since R.N. ships, when engaged on anti-illegal immigration patrols,
carry police officers on board,
it is considered that there is no reason for the retention of these
regulations, the revocation of
which is under discussion with the Commodore.
"Immiginate Bill -sex (11))
4.
Emergency (Anti-aircraft Gun Practice) Regulations, 1949.
Revoked by G.N.A. 130/62.
C
5.
Energency (Arms and Ammunition Ordinance, 1933) (Amendment)
Regulations, 1950.
Revoked by G.N.A. 130/62.
6.
7.
Emergency (Arms and Ammunition Ordinance, 1933) (Amendment)
Regulations, 1952.
Cheoke with folies.
- Je (28)
Emergency (Exportation) (Miscellaneous Provisions)
Regulations, 1951.
It is intended to revoke these in the near future.
To be incorporated into the new Importation and Exportation Bill, of
which a first draft has already been prepared.
Revoked by G.N.A. 130/62.
chuyle with
Cel
8.
Emergency (Defended Areas) Regulations, 1951.
9.
Emergency (Immediate Resumption) Regulations, 1952.
Revoked by G.H.A. 130/62.
10.
Emergency (Essential Supplies) Regulations, 1952.
11.
Baergency (Immediate Resumption) (Application) Regulations,
1953 and 1954.
Revoked by G.N.A. 130/62.
Revoked by G.N.A. 130/62.
12.
134
13.
14.
15.
Emergency (Importation and Exportation Ordinance)
(Amendment) Regulations, 1953, 1954 and 1955.
dan
And
C</
Emergency (Agricultural Poisons) Regulations, 1955.
hey lo
examine
Emergency (Deportation and Detention) Regulations, 1962.
Emergency(Deportation and Detention) (Advisory Tribunal)
Rules, 1962.
to chook.
To be incorporated into the new Importation and Exportation Bill. See
Item 7 above.
The use of these agricultural poisons within the Colony is adequately
covered by the Pharmacy and Poisons Ordinance, but the regulations are
still required to control importation.
It is proposed that these regulations should be replaced by regulations
made under the new Importation and Exportation Bill. See Item 7.
These two enactments have replaced the Emergecny (Detention Orders)
Regulations, 1956, and
the Emergency (Review of Detention Orders) Rules, 1956: the purpose of
the new Regulations
and Rules is fully explained in paragraph 3 of my savingram No. 797
dated 17th April, 1962.
It is intended that these regulations and rules should remain as
Emergency legislation and
not be incorporated into the permanent law of the Colony.
189
16.
Emergency (Immigration (Control and Offences) Ordinance,
1958) (Amendment) Regulations, 1962.
chade
whit
Iam etc.
Enacted following the Immigration crisis in the middle of 1962, to
increase the maximun penalties
for assisting illegal immigrants to enter the Colony. These regulations
will be revoked on the
enactment of the new Immigration Bill, a first draft of which has now
been completed.
APPENDIX "B"
Present Position of Emergency (Principal) Regulations in Operation.
Regulations of
year of coming
Emergency (Principal) Regulations 1949.
into operation.
Regulation 21.
1950
To be revoked, in
ear-future.
jce
Regulation 25.
1950
Regulation 26.
1950
Comments.
check.wik
It is proposed to incorporate these two regulations in the proposed
Public Order Bill.
{dise - see p. Bil
Regulation 34.
1950
To be revoked in near future.
check wit Pabei
Regulation 36.
Ah chade.
1950
Regulation 37.-
1950
To be revoked then new Emergency Regulations are ready in proof form.
Regulation 40%
1950
Regulation 50.
1950
To be incorporated in the proposed Public Order Bill.
Regulation 50A.
1958
Regulation 51
1950
To be revoked when new Emergency Regulations are ready in proof form.
check lasing
Kuz an
QP 1972.
Regulation 57.
1950
To be revoked in near future.
Covered b Pollin
Orde
sa.
Regulation 58.
1950
Regulation 67.
1951
Regulation 67A.
1950
Regulation 109.
1950
407
Regulation 117.
1950
Regulation 118.
1950
Regulation 119.
1950
Regulation 120.
1950
JMC
Regulation 124.
1950
Cop
Regulation 125.
1950
Regulation 126.
1950
Footnote:
To be revoked when new Emergency Regulations are ready in proof form.
the following regulations are also in operations - 2,3,4,65,81,83,
84,98,99,131,132,133,134,
135, 136, and 138. However all these regulations contain ancillary
provisions only, and
need to be retained until all substantive regulations have been revoked.
Enactment
1. Defence Regulations, 1940.
APPENDIX "C"
Present Position of Defence Regulations and Other Temporary Post-War
Legislation.
Kept in opera-
tion br
Defence Regulations
(Continuation)Ordinance,
1958.
Comment.
Regulations 37,39,43,46,47,50,54,55,56,57, and 73 revoked by G.N.A.
129/62.
The only substantive regulations still in operation are:-
Regulation 50, which is required until the revocation of the Import
Control Order, 1947
and Export Control Order, 1950 (see below items 8 and 11); and
Regulation 52, which is required until all existing requisitions are
ended.
2. Defence (Finance) Regulations,
Defence Regulations
1940.
(Continuation) Ordinance,
Consideration is now being given to the best method of incorparting the
provisions
still required into the permanent law.
3. Defence (Bunker Coal and 011)
1958.
Order, 1940.
Revoked by G.N.A. 129/62
4. Port Executive Committee Order, 1946
Revoked by G.N.A. 129/62.
5. Order made in 1946 relating to
requisitions.
6. Prohibited Exports Order, 1946.
Revoked by G.N.A. 129/62.
Revoked by G.N.A. 129/62.
7. Marketing of Fish Order, 1946.
龄
Revoked by G.N.A. 129/62.
8. Import Control Order, 1947.
9. Declaration of Essential Services
Order, 1948.
10. Marketing (Marine Fish) Order, 1950.
11.Export Control Order, 1950.
Still required to control importation of various commodities into the
Colony, until
replaced by regulations to be made under the new Importation and
Exportation Bill of which
a first draft has been prepared.
An ancillary provision only.
Η
Revoked by G.N.A. 129/62
#
As for item 8 in relation to exports.
12.Marketing(Marine Fish) Authorized
No comments yet.
Private notes are available after approval.