Officer Order, 1960.
13.Compensation (Defence) Regulations
髀
Energency Powers (Exten-
sion and Amendment
Incorporation) Ord-
inance. Cap. 251.
Revoked by G.N.A. 129/62.
Provide for compensation in respect of loss and dange and will be
retained until the revocation of all substantive provisions.
14. British Military Administration
Proclamation No. 11.
15.British Military Administration
Proclamation No. 27.
Law Amendment
(Transitional
Provisions) Ord-
-5-
Enquiries have been instituted, to find out whether this proclamation is
still required.
inance. Cap. 257.
As for Item 14.
.. 73B
.100-2/61-R23092
4/3251/595
MEMO
TOP SECRET
Confidential transfer to 6/3231/59"
Hon. Colonial Seoretery
Ais
2012
131
From Director of Education
Telephone...... 30711...
To
Your Ref:
.in.
Date.
18th February, 1963
My Ref:
22.
.in.
CR6/3234/59 II
CENSÁGEN.
CR6/3231/5941
(26)
Emergency and Defense Regulations
Please refer to Secretariat Temporary Circular No. 'L' 5 of 4th
February, 1963, and to Chapter 63 of Top Secret (Civil Measures for
Defense Scheme).
2. As Chief Censor, I note that according to para. 4 of Chapter 63 the
legislative authority for the imposition of censorship in the Colony is
contained in Part II of the Emergency (Principal) Regulations, 1949,
(Regulations 5 - 28). If the office of Chief Censor is to continue,
there will presumably be a continuing need for the provisions which I
have just cited.
3. I have not yet consulted the Legal Department but by copy of this
memo to Attorney General, I shall be pleased to have the benefit of Mr.
Davidson's advice.
Cc: Hon. Attorney General
REGISTA
7555 Jine 20263
**WARK
*
1130
Bondhun
Peter Donohue
Director of Education
21/2
TOP SECRET
Conf.
a
G.F. 73B
6,000x100-2/61-B23092
Emergences Preg^s.
J
From
Legal Department
Telephone...........95249....
Date..... 10th February, 1963.
215
79/2
MEMO
613231159
& PRET
TOP POTI Confidential (132)
To
Hon. Director of Education
Your Ref: (22)
131
in CHIS/GET of 18.2.63.
My Ref:
.in
Emergency and Defence Regulations.
I agree that before the Chief Censor can act, Part II of the
Emergency (Principal) Regulations, 1949, will have to be in operation;
our ain is not to these regulations completely, but
to hold then in readiness to be enacted immediately if the situation
arises when the consor is likely to be required.
2.
of the regulations in this part, it is intended that all will be
included in the revised Emergency (Principal) Regulations to be held in
draft form, with the exception of the following :-
3.
Regulations 21 and 22 which are included in and under the
Telecommunications Ordinance; and
Regulations 25 and 26 which are to be included in the new Public Crder
urdinance.
The other regulations in Part II will be used as the basis for the
revised regulations, but I would be grateful if you would let me know of
any amendments or suggestions you may have to bring these regulations up
to date or to make them more effective.
сладений
(W. S. W. Davidson)
Crown Counsel.
c.c. Hon. C. S.
IBI
21/2/63
CONFIDENTIAL
G.F. 73
0000730
MEMO
133
20,000x100-3/62-B28360
Legal Department.
Custodian of Enemy Property.
To......
From.....
in..AGO/8/1250/62....II.
?
Tel. No. 95219....
Your Ref.
in......
Date...... 20th February, 1963. dated........
Emergency and Defence Regulations.
With reference to Secretariat Temporary Circular No. 'L' 5, dated
4.2.63, I note that one of the two E.M.A. proclamations still in force
is No. 11 dated 16.9.45 dealing with enemy property. I presume that this
proclamation is still required until the repeal of the Trading with the
Enemy Ordinance, 1914, and its replacement by the Ordinance enacted in
1957.
2.
I would be grateful therefore if you could advise me on whether any
progress has been made with the winding up of enemy property since your
annual report was published in May 1962, particularly with regard to the
property occupied by the Military at Minden Row.
CONFIDE
~TIAL
1140
*
NO. DATE 2
EGISTRY
*
i {J
LET
R
c.c. Hon. C.S. (Attn. Mr. Shephard).
ALO
wwwDanchin
(W.S.W. Davidson) Crown Counsel.
CONFIDENTIAL
TA
G.F. 73A
000x100-7/61-B23933
From...
Legal Department.
Ref.
(7).
in AGO 8/1250/52 11.
MECONFIDENTIAL
1:3
To Hon. Colonial Secretary (Mr. Shephard)
Date 20th February, 1963.....
Shaphard).
(2)
Tel. No. 95219.
Your Ref.
in
dated
2.
Revision of Emergency and Defence Regulations.
My memo dated 28.9.62 refers. (93)
I understand that you are in possession of a complete list of premises
requisitioned by the Military under
Defence Regulation 52; and
Regulation 3 of the Emergency (Requisition) Regulations, 1949.
As regards the former, under which it is probable that the majority of
requisitions were made, the legal justification for the continuance of
any requisition is tenuous in the extreme: such a requisition can only
be legally justified if it "appears to the competent authority to be
necessary and expedient for the purposes specified in section 1 of the
Supplies and Services (Transitional Powers) Act, 1945, i.e. in this case
"for the purpose of providing or securing supplies and
services required for the defence of any part of H.M.'s dominions, or
for the maintenance or restoration of peace and security in any part of
the world ...
In this connection the case of Shung Yuen Land Investment Company Ltd.
v. A.G., 0.J. Action No. 198 of 1956, and the note prepared by
Blair-Kerr, Senior Crown Counsel on the case are of interest. In that
case property held under requisition was immediately de-requisitioned,
on legal advice, as a result of action instituted in the Supreme Court
against the Government; and this at a time when I understand the
garrison in H.K. was considerably larger than now. Even under the
present law therefore, it is extremely difficult to justify the
continuance of these requisitions.
3.
As regards the future, C.S. policy decision to revoke these regulations,
and the circular which casts the onus on departments and the military
authorities to state a case for the retention of any powers
required,puts us in a stronger position, I feel, on consideration and
having discussed the matter with Mr. McRobert, that we are in a position
to insist on the revocation of D.R. 52, and the revocation of the
Emergency (Requisition) Regulations, 1949, as soon as we are able to
incorporate the ranges gazetted under regulation 6 in the D. (F.A.)
Ordinance. In any case where it is impossible to reach agreement and
where the retention of the property is necessary in the public interest,
the Crown Lands Resumption Ordinance should be used.
downgraded
and copied to BL 2/4531/46.
WTWDan Sim
(W.S.W. Davidson)
Crown Counsel.
G.F. 78A
6,090x100-7/61-B2393% CONFIDENTIAL
MEMO
4/8231753
134
From...
Director of Education
Ref. (24)..
To...
Crown Counsel
.....in...CENS/GEN (4).........
Tel. No..
330711
Your Ref.
132
Date
C
Legal Department.
21st February, 1963.....
In A608/1250/62 dated.
19th February, 1963
Emergency and Defence Regulations
Paras 1 and 2 of your memorandum of above reference are noted.
As to para 3, I have read Part II of G.N. A277 and can suggest only
minor points for consideration, i.e.-
2+
(1) p. 759.
"postal packet" ? should "aerogram" or "airletter" be specifically
mentioned ?
(ii) pp. 760 & 761. "wireless transmitting apparatus"
is any
reference to communication by wire, e.g. cable or wired
broadcasting/television systems,necessary ?
(iii) p. 776.
"balloons and kites" are referred to not flags by day and illuminated
signals by night? But perhaps 23 covers this point.
why
3.
The actual operation of censorship appears to be adequately covered as
far as my non-legal mind can judge.
I mohn M
Peter Donghué
Director of Education.
co: Hon. C.S.
1/61
22/2
G.F. 73B
6,000x100-2/61-R23092
MEMO
135,
From.
Registrar General
To
D. C. S.
Telephone. 95.343.
Your Ref:
in.
Date 20th February, 1963..
My Ref:..
.in
M-418
f
Proclamation No 27
Emergency Registration of China Companies
Please refer to Secretariat Temporary Circular No 'L' 126 5
of 4th February, 1963, on the subject of Emergency & Defence
Regulations.
2.
i.e.,
The above Proclamation enables China Companies incor- porated under the
laws of Hong Kong but previously registered in Shanghai to register in
Hong Kong, and is kept in force by the Law Amendment (Transitional
Provisions) Ordinance (Cap 257). Problems concerning China Companies may
arise from time to time even at this late stage. We have had occasion to
consider and in fact are still considering the validity of the
registration of a Shanghai Company (and there may well be more) which
was effected early in the post-war period was in fact not a China
Company and therefore should not have been whether that company
registered under the Proclamation. Recently, moreover, we were asked for
an opinion on the status of another Shanghai Company whether it was a
China Company or not which had neither registered under the Proclamation
nor reconstructed its records under the Companies (Reconstruction of
Records) Ordinance (Cap 249). may be other Shanghai Companies in exactly
the same position. the need to retain the Proclamation and the problem
posed by the two Shanghai Companies have been discussed with Crown
Counsel (Mr Davidson), who agreed that the Proclamation should not be
revoked but felt that consideration might be given to the incorporation
of the provisions of the Proclamation, with such amendments as may be
necessary, in the Companies Ordinance (Cap 32).
1145°
22/2
Anderent
(C. M. Stevens) p. Registrar General.
-
i.e.,
There
Both
REL/W
c.c. Hon A.G. (Mr Davidson)
•
2
G.F. 73B
From
Secretary for Chinese Affairs
MEMO
136
Hon. C.S.
To
Telephone.
445566
Your Ref:
.in.
Date...... February 26th, 1963
My Ref:
(12)
..in
SCA 1/10/1203
(126)
Emergency & Defence Regulations
Please refer to Sect. Temporary Circular No. 'L' of 4.2.63.
As far as can be seen, this department does not rely on the
Emergency (Principal) Regulations, 1949, or any B.M.A. Proclamations for
peace-time use.
2.
For emergency, it appears that the S.C.A. would need powers granted
under the following regulations of the Emergency (Principal) Regulations
:
Reg. 13-20 Control of publications
25 26
27
Inciting placards, etc.
Prohibition of inciting documents Dissemination of false news
It may also be desirable (perhaps in the Dangerous Goods (General)
Regulations now under revision) to include powers to prohibit the
discharge of fireworks altogether in an emergency.
3.
I recommend that these powers be reproduced in draft Emergency
Regulations.
cc: Hon. A.G.
BDW:aw
43.4). Wile (B.D. Wilson)
for Secretary for Chinese Affairs
2 7 FEB 1963
24/2
G.F. 73B (0000732)
-5.000×100-10/62-B32165
MEMO
6/3231/59:
13
From
District Commissioner, N.T.
To...
Hon. Colonial Secretary.
Telephone
806813
Your Ref:
Date
25th February 1963
My Ref:
(143)
N.T. 1305/578
126)
Emergency & Defence Regulations
With reference to Secretariat Temporary Circular No. 'L'
5 of the 4th February, 1963, this Administration is largely concerned
with the requisitioning powers contained in both the Emergency
(Principal) Regulations 1949 and the Emergency (Requisition) Regulations
1949.
2.
I have discussed briefly with Mr. Davidson who confirms that
similar requisitioning powers will be incorporated into the new draft
Emergency Regulations. In the meantime there are still a considerable
number of areas of land requisitioned under the Emergency (Requisition)
Regulations 1949 which are still held under requisition and it will be
necessary to provide somehow for these areas.
3+
Mr. Davidson has said that he would like a complete list of
these requisitioned areas and the Quartering Officer to whom this
memorandum is copied, is asked to send a list of all areas still held
under requisition to Mr. Davidson, to you and to this Administration.
Although I have full details of areas held under requisition by the
Army, I am not sure that my list of areas held under requisition by the
Royal Air Force is up-to-date. (Paragraph 3 of the Command Land Agents
letter of the 30th October, 1962, to the Quartering Officer refers.)
(J.K. Heywood )
for District Commissioner, N.T.
a.o Hon. A.G. (Atta. Mr. W. Davidson)
Quartering Officer.
JRH/mrh
انادا
36/2
G.F. 73
0000730
200x100-3/62-B28860
From..
Commissioner of Police
Ref.
(18)
in
CF/CON/95/32
Tel. No. 34522 Fxt. 251
Your Ref.
MEMO
6/3231/59
138
CONFIDENTIAL
To. Ion. Attorney General
Date.. 23rd February, 1963
in AGO 8/1250/62 dated 17.12.62
Revision of Fmergency Legislation
The question of deciding whether the Emergency (Arms and Ammunition
Ordinance 1933) (Amendments) Regulation, 1952, could be revoked or
incorporated into the permanent law is under active consideration by the
Director of Criminal Investigation and the Director of Special Branch.
I regret the delay in this matter, and will let you have my
comments as soon as possible.
2.
deuson. (C.J.k. Dawson)
for Commissioner of Police
CJRD: ja
cc. Hon.C.S. (Mr. Shephard)
CONFIDENTIAL
DENTIA
J...
1253 26/2
ATE...202
PY
*
G.F. 73B (0000732)
5,000x100-10/62-B32165
MEMO
6/3231/59
From
Telephone
Director of Public Works
95-390
To...
Hon. C. S.
Your Ref:
.in.
Date
28th February, 1963.
My Ref: (161)
PWD 6101/50
RESTRICTED
126
SECRETARIAT TEMPORARY CIRCULAR NO. 'L' 5
Emergency & Defence Regulations
Emergency (Immediate Resumption) Regulations 1952 together with the two
Amendment Regulations of the same year appearing under G/N A 5/52 A
17/52 and A 85/52 were used in taking back land required for re-
development in connection with Shek Kip Mei. For similar reasons it is
considered necessary to retain similar provisions in the draft Emergency
Regulations.
2. I have no suggestions for improving the Emergency 'Principal'
Regulations which would assist in their revision.
3.
None of the Emergency Regulations and British Military
Administration Proclamations which affect this department require
incorporation into the permanent law.
c.c. Attorney General
B/15
Jan
(J.S. Don)
for Director of Public Works
- 1 MER 1903
1335
1/3/63
+
139
6/3081/57
i k
G.F. 73
0000730
20,000x100-8/62-B28360
MEMO
141
From.........
Commissioner of Prisons.
Hon. Colonial Secretary.
To..
Ref............
(15)
P.D. 1/651/56
.in.
Date.
28th February, 1963.
ск
Tel. No.
21287
Your Ref.
in..
dated.
126
Secretariat Temporary Circular No. *L* 5 of 4.2.63.
Emergency & Defence Regulations.
On the assumption that Emergency Regulations to implement Paragraphs 4 -
6 of Chapter 14 of the C.M.D. Scheme are held ready to be brought into
force if and when the need arises, I can see no continuing need for the
provisions of Emergency Regulations and Proclamations other than the
Deportation and Detention Regulations
1962.
*
1358
2/3/63
PEGISTRY
ETTER
c.c. Hon. Attorney General.
GRP: usk
Seloman
(C.J. Norman) Commissioner of Prisons.
G.F. 73B
6,000x100-2/61-B23092
CONFIMENTIAL
Colonial Secretariat
From..
To
office of the Commodore-In-Charge.
to cars foster)
95302
Telephone
Your Ref:
.in..
5 March, 1965.
Date..
My Ref:
(141)
.in.
CR.6/5231/59 II
Emergency e, ulations Order 1922
Emergency (Royal Navy) .olice Jowors Regulations
1947.
A co y of these was sent to you on the lita, January and the
possibilit o. revoking them was briefly discussed at a meetin, of
Service Represent .tives at the Assistant Defence Secretary on the 15th.
February.
2.
Taking this up now in rather more detail, you will see that policy now
varies comiderably from the olicy described in the explanatory note at
the foot of the Regul: tions. It was necined for example, th t in
No comments yet.
Private notes are available after approval.