"Haslemere" Royal Laval boats assisting dovernant should cary a Police
officer, It has similarly boon roed that koyal laval boats when used in
aid or the Government should open fire Only in зelf defence,
3.
As
Present policy therefore makos these tegulations unnecessary and I
think you will agree that there is now no need for thea to continue in
force. Goverment therefore proposes to revoke the no regulations.
Adequate emergency powers ill be retained for the Royal Navy in the
legislation which it is pro osed to urait an hold in readiness for
immediate enactment at the outset of any enteroncy. you know these same
principles ant criteria are being applied to all the emergency
legislation. If it is not nooded, the policy is to revoke it; if it may
be needed in normal times it should be incorporated in permanent law; if
it is needed only in times of ergency then it should be held in draft in
the way described above.
Lo
ધ
You will of course be kept fully consulted on the emergency
legislation which it is proposed to hold i drett. This latter exorcise
will principally concern the Emergency (Principal) egulations 1949 a
copy of which will shortly be sent to you.
5.
If you have any comments on the proposed revocation I snall be
grateful to have them as early as possible so that the necessary lod
measures may be put in hand.
c.o. H. .L.F. (Cdr. Leonard)
Hon. A.G. (Mr. Davidson).
AJSIJW.
(A. J. Shephard)
C
ANFIDENTIAL
for Colonial Secretary
か
REGISTRY
6/13
OUTWARD
LETIT
val
G.F. 73
0000730
000x100-3/62-B28360
MEMO
From..
Colonial Secretariat
To Government Printer
Ref...
Tel. No............
(142)
95302
....
in CR.6/3231/59 II
Date 5 March, 1963,
Your Ref.
in..
dated.
2.
Emergency and Defence Regulations
Your Reference P/Gen. 90 (II) of the 6th. February, 1963.
I shall be grateful to have copies of these Regulations as carly as
possible as they are now the subject of detailed discussion with
Departments and the Armed Services.
AJS: jw.
(A. J. Shephard) for Colonial Secretary
REGISTA
CONFIDENTIAL
50
OUTWARD
G.F. 73
0000730
20.000x100-3/62-B28360
MEMO
From..
Government Printer
To Hon. C. S.
Ref..
.in
P/GEN. 90 (II)
Tel. No..
703616
Your Ref. (142)
Date 7th March, 1963.
in CR 6/3231/59 II dated... 5.3.63.
Emergency and Defence Regulations
All being well, I hope to have these available for supply
by the end of March.
SY:cck
По
(S. Young) Government Printer
CONFIDENTIAL REGISTRY
14/9
NO....
DATE.
INWARD LETTER
VU LIBUIJAJEU LEU
*
C. S. 20A
From the Governor, Hong Kong
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12/3011/46
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}
G.F. 73B (0000732)
5,000x100-10/62-B32165
}
MEMO
(145)
Commissioner of Police
From
To
Telephone
Date
34522 Ext. 251
21st March, 1963
Your Ref:
My Ref:
(19)
CONFIDENTIAL
Ilon. Attorney General
1
in AGO 8/1250/62 of 7.2.63 ...
.in...CP/CCN/95/32
Revision of Emergency Regulations
I agree there are good reasons for consolidating the Emergency (Arms and
Ammunition Ordinance 1933) (Amendment) Regulations 1952 into permanent
law, specifically to meet the case of persons (such as in the recent
K.I.5. case) found in possession of explosives for sabotage and
terrorist purposes. levertheless, on the whole, I consider the penalties
under the Arms and Ammunition Ordinance, Cap. 238, are sufficient for
such purposes.
2.
In the circumstances, I recommend that the Emergency (Arms and
Ammunition Ordinance 1933) (Amendment) Regulations 1952 should be
revoked.
3.
The question of incorporating E.P.R. 25 and 26 into the Public
Order Ordinance is under consideration and I hope to let you have my
recommendations shortly.
CJRD: ja
oc. Hon.C.S. (Mr. Shephard)
Entmist on Eubon't
bile pl.
Ais
22/7
aDawson (C.J.K. Lawson)
for Commissioner of Police
CONFIDENTIAL
NO..
NTIAL REGISTRY
1494 JATE 22/3/63 WIRD CUTIES LETTER
*
X
"
.F. 73 A
CONFIDENTIAL
Το
Hon. C.S. (r. Shephard)
From ...
Legal Department.
Telephone 95219.
Your Ref:
Date...
25th March, 1963...
My Ref:
.in.
II
jn.AGO. 8/1250/62.c.
146!
14:
Revision of Emergency and Defence Regulations.
Emergency (Arms and Anmmition Ordinance)
(Amendment) Regulations, 1952.
These regulations were made in 1952, to provide for a maximum of life
imprisonment for all offences under the Arms and Ammunition Ordinance
Cap. 238; this includes not only the major offences, but also minor
offences such as breach of a condition of licence, failure of arms
dealer to keep accurate stock book, moving arms not properly labelled,
possession of flick-knife etc. While these minor offences carry a
maximum of life imprisonment under s.29 of Cap. 238 as amended by the
Emergency Regulations, two major offences specified in s. 30 carry a
maximum of 14 and 7 years respectively.
2.
The continuance in operation of this amendment for 11 years is an abuse
of the Emergency Regulations procedure, and makes nonsence of the whole
system of maximum penalties. If a maximum of life imprison- ment were to
be needed for any particular offence, the Ordinance should be amended to
provide this through the normal legislative channels.
3.
I have consulted C.P. on these Regulations, and after consideration by
D.C.I and Special Branch, he recommends their revocation without
replacement (C.P.'s memos copied to you dated 23.2.63 and 21.3.63
refer). I have also consulted P.C.C. in charge of criminal matters and
he agrees to their revocation.
4.
Bearing in mind that
(a) discharging a loaded firearm with intent carries life
imprisonment under s. 17 of Cap. 212;
(b) possession etc. of explosive substance with intent to
endanger life or property (the case mentioned by C.P. in his meno dated
21.3.63) carries 20 years under s. 4 of Cap. 206;
(c) possession etc. of explosive substance for any unlawful
purpose carries 14 years under s. 5 of Cap. 206;
(a) any use of a firearm or imitation firearm with intent to
resist arrest carries 14 years under s. 30 of Cap. 238,
I agree that these Emergency Regulations can now be revoked without
replacement in the permanent law.
5.
to Ex. Co.
I accordingly submit a draft revocation order for submission
WSWD anotm
au
(W. S. W. Davidson)
Crown Counsel.
/vf.
CONFIDENTIAL
CAL.
Роза 26/3
------
Citation.
EMERGENCY REGULATIONS ORDINANCE
(Chapter 241)
Emergency (Arms and Ammunition Ordinance) (Amendment) Regulations, 1952
(Revocation) arder, 1963.
In exercise of the powers conferred by section 2 of the Emergency
Regulations Ordinance, the Governor in Council has made the
following Order -
1. This Order may be cited as the Emergency (Arms and
Ammunition Ordinance) (Amendment) Regulations, 1952 (Revocation) Order,
1963.
Revocation.
(G.N.A.26/52).
2. The Emergency (Arms and Ammunition Ordinance) (Amendment)
Regulations, 1952, are hereby revoked.
COUNCIL CHAMBER,
, 1963.
Clerk of Councils.
G.F. 73
0000730
201
90-3/62-B28360
MEMO
From...
Ref.....
(120)
Goverment Printer
To...
Tel. No. 703616
Your
in R/GEN, 90 (II)
Ref....(142)
Hon. C. S. (for Mr. Shephard)
Date 26th March, 1963.
in CR 6/3231/59 IIdated.
Emergency & Defence Regulations
28 Copies of the reprint of this have today been sent to you under
sealed cover.
2.
Your 1949 copy of Hong Kong Regulations will be returned as soon as this
has been rebound.
SY:cck
CONFIDENTIAL REGISTRY
1848 21/3
NO... DATE 2
INHARD
LETTER
*
e
(S. Young)
Government Printer
LOMA.. 18:3
H.K. 10/17/3.
1
4/20181/59
lu:
THE COMMODORE-IN-CHARGE,
HONG KONG
25th March, 1963.
THE COLONIAL SECRETARY,
HONG KONG
(Copy to:- The Commander British Forces,
Headquarters British Forces,
Hong Kong.
EMERGENCY (R.N.) (POLICE PO.ERS) REGULATIONS
Reference:- The Colonial Secretary's letter No. (141) in CR.6/3231/59 II
of
5th March, 1963.
In general it is agreed that the above legislation should be revoked. No
requirements are foreseen to act under the Merchant Shipping Ordinance
1899.
2. It is however considered that if the Royal levy is to continue to
assist in the control of illegal immigration, albeit intermittantly,
some permanent legislation is required due to the likely continuation of
this problem. All that would be required is the power for H.M. Ships to
search and arrest for illegal immigration purposes only, a though for
preference, these powers would not be used they might prove invaluable.
3. The type of situation envisaged is that of H.. Ships in the normal
course of exercising in colony waters being ideally placed to give
assistance of a temporary nature on the receipt of "hot" intelligence by
the Director of Anti Illegal Operations. If the ships were required to
return to harbour to collect a police officer, the object would be lost.
4. There would be no requirement in such permanent legislation
authorising the opening of fire.
5.
This subject was discussed recently with Mr. Davidson (Ion. A.G. Dept.)
who is aware of my views.
Geope Symonds.
(G.O. SYMONDS) COMMODORE.
ONFIDENTIAL
CONFIDENTIAL REGISTRY
NO.
93 DATE 29/3.
IN YARD
ETTER
:
G.F. 73
0000730
20,000x100-3/62-B28360
MEMO
CONFIDENTIAL
150
From
Director of Marine.
Ref......
Tel. No..
(28)
444447
.in.
H.D. 020/5bc.
Date.
To Logal Department (2).
28th March, 1963.
144
Your Ref. (10)
in.
100 1/625/61. dated 27th March, 1963.
EMERG NCY (ROYAL N VY) (POLIC POJERS
REGULATION', 1949.
I entirely agree with the Commolore and have no objections to tue course
you propose.
2.
There is no conflict with subsection (1) of section 68 of the Merchant
Shipping Ordinance, 1953, which by paragraphs (e) and (d) first allow
any Naval, Army or Air Force Officer's boat to make fast to a suir under
way, but do not allow the Officer mimself actually to board witnout the
permission of the Mastor, etc. The only change will now be that nono of
these gentlemen may fire a suot across tuo ship's bows to slow it down.
I have the thought that all would be rather foolish to try to make fast
when the larger vessel was under any great speed, since they may be
overturned and all drowned, but no doubt the Officers know their own
business.
1944 29/3.
1..
c. Hon. C.S. (Mr. A.J. Shephard)
C.F.
JTH/JH
Mittenst
(J.F.Hewitt)
Director of Marine.
CONFIDENTIAL
3. The type of situation envisaged is that of H.M. Ships in the normal
1
G.F. 73A
0000731
8,000x100-5/62-B28427
Legal Department..
Ref. (9)
Tel. No..
95219
CONFIDENTIAL
CONFIDENTIALS
To Hon, C.S. (For Mr. Shephard)
.in. AGO 1/625/61
Your Ref.
in
Date 27th March, 1963
dated.
File Emergency
3) m
cc. Hon. C,S. (Mr. Morgan)
/ar.
Director of Anti-illegal Immigration (Mr. Turner) Director of
Immigration.
heg
Revision of Emergency
Defence Regulations
Emergency (Roval Navy) (Police Powers) Regulations. 1949.
As a result of my recent conference with the Commodore, I think I am in
a position to summarize the position as follows
(a) So far as the Commodore is concerned, police powers are no longer
required by the Navy for enforcing the Merchant Shipping Ordinance (I
will ask D. of M. and C.P. to confirm this).
(b) Since adequate police powers will be afforded the Navy in
the Emergency (Principal) Regulations, in time of an emer- gency, no
police powers are now required to enforce the Emergency Regulations
Ordinance.
(c) The Commodore has given instructions not to open fire when acting on
immigration duty, save in self-defence, and he is not interested in
retaining the powers to open fire set out in regulations 4 and 5.
(d) However, since it seems quite probable that the Anti-illegal
Immigration Unitwill wish to call on the Navy from time to time to
assist in their work, it is desirable in the Com- modore's view, that
the Navy should have the minimum powers necessary to enable them to
carry out this task, i.e., the powers to stop, board, search and detain
until they can hand over to the police. They may be asked to assist when
on normal naval duties, and thus when no police inspector is on board.
-
2. After hearing the Commodore's views, it seems to me that we are faced
with a clear choice either to revoke the regulations without re-
placement, in which case we cannot obviously call on the Navy to perform
duties which they are not empowered to perform: limited powers they
require in order to assist us when asked to do so.
or we can give them the
3. In view of the fact that illegal immigration is likely to be a
recurrent problem in Hong Kong, I feel that special circumstances exist
such as would justify the Navy having these powers under the permanent
law.
4. If this is accepted, I suggest that we revert to Mr. Hobley's
proposal to insert a section in the Immigration Ordinance giving those
limited powers.
ر
See Legal Dept. memo to you dated 13.10.60, to which your references are
CR LM 63/60 and CR 26/5061/49.
You will note that the main stumbling block to Mr. Hobley's 1960 draft
was the Navy's insistence on retaining the powers to open fire.
5. It seems that this obstacle has now been overcome : if it is
acceptable to all parties this draft could be used as a basis for an
addition to the first draft of the Immigration Bill.
6. I believe that the Commodore will be replying shortly to your
memo dated 5th March, 1963.
14-1
CONFIDENTIAL
www Dantu
(W.S.W. Davidson)
Crown Counsel
1955
پر کرو جو
G.F. 73B
6,000x100-2/61-B23092
From
Telephone.....
MEMO
CONFIDENTIAL
Legal Department.
..95219.
To
C
Your Ref:
Date.... 27th l'arch, 1963.
My Ref: (10)..
$9 ER 959
CONFIDENT TA L
Q
Director of Marine
Commissioner of Police
No comments yet.
Private notes are available after approval.