.in.
in AGO 1/625/61
...in...
Emergency (Royal Ravy) (Police Powers)
Romulations, 1949.
As you are aware, we have undertaken to rovoke all Emergency Rogulations
as soon as possiblo: the above rogulations confer emergency powers on
tho lavy to oxorciso the powers of police officers in enforc- ing the
Forchant Shipping Ordinance.
2.
The continuance of these powers under Emergency Regulations can no
longer be justified, and if such powers were requirod indefinite- ly
they should be in tho pormanont law.
3. In a rocent conferenco with the Cornodoro, ho expressed the viow that
the Navy no longor required those powers, in normal timos.
4. I suggest, therefore, that these regulations should be rovoked
vithout replacement so far as they rolate to Merchant Shipping; and I
would bo grateful to know whether you agree to this course.
wu Dauch
(W.S.. Davidson)
Crown Counsel
cc. Hon. C.S. (For Mr. Shophard)
AGO 5/3/1250/52.
/ar.
L
Excergency
Leg 2
As
AIS
CONFIDENTIAL
NO 1954 ATE
73
0000730
,000-3/62-B28360
6/2231/59
CONFIDENTIAL
MEMO
From...
Director of Immigration
To...
Hon. C.S. (Attn: Mr. Shephard)
Ref..
(2)
in IMM. CR.IM 24/63
Date 29th March, 1963.
Tel. No. 29511
Your Ref.
in.
dated..
Revision of Emergency
-
Defence Regulations
Emergency Royal Navy Police Powers) Regulations, 1949.
Spoken Davidson/Moore.
I have no objection to the insertion of a section in the Immigration
Ordinance, giving limited powers referred to to the Royal Navy.
JM:ml
cc: Legal Dept. (Mr. Davidson)
D.A.I.I. (Mr. Turner)
Hon. C.S. (Mr. Morgan)
(J. Moore)
Director of Immigration
CONFIDENTIAL
REGISTRY
1967
C.
30/5
WELL.M Come "
WIM ↓
*
0000780
0,000x108/62-B28360
MEMO
15
From.........
Colonlud Too
To... Chamiambil by Hi-
Ref...
(14)
in Chan fo II
Date 1st April 1976
Tel. No.
95,02
Your Ref...
in ii. 39/17/9.
dated..."
Energency (B.M.) (olier Lover) derulations
I am in general 2, reument with the view expressod.
in your Memorandum ..10/17/3 of the 26th Parch an ection is in hal to
incorporate suitable powers in the Immigration urdinance which is et
resent being re-áraïted by Mr. Pavidson.
c.o. Leyal Dopt. (Mr. Davidson)
Binctor of immigration.
AIS
(A. J. Shephard) for Colonial coretery.
ITAL_REGISTAT
1078
OUTWARD
F. 73
RESTRICTED
62-1
From
Commissioner, E.S.C.
MEMO
To
Hon. Colonial Secretary.
(Attn: A.J. Shephard, Esq.).
773789
Telephone.
Your Ref:
.in
Date 3rd April, 1963.....
My Ref:
(82).
.in..
ESC 209/55
SECRETARIAT TEMPORARY CIRCULAR NO. 'L'5
Emergency & Defence Regulations
1126
In the note to this circular, it states that Emergency and Defence
Regulations may be held in proof form so that they can be brought into
force as and when the need arises.
2.
It is presumed that where such regulations are going to be so
held, copies of the relevant proofs will be issued to this office and
others affected as it will often be necessary to base plans on the
contents of the proof.
file
Emery?" regs.
JIH:cs
mes
CONFIDENTIAL
NO....21/13 DATE..44.
REGISTR
INWARD LET
LETTER
(J.L. Allard) Acting Commissioner
Essential Services Corps.
1
G.F. 73
0000730
20,000x100-3/62-B28360
ノ
MEMO
Ref.. (25)
From Commissioner of Police.
..in..CP/CON/95/32......
Tel. No.34522 Ext. 302
Your Ref.
6/3231/59
COM TDENTIAL.
To lion... Attorney General.
Date 18th April, 1963.
in.AGO...8/1250/62...... date ...
Revision of Emergency Regulations
必
Further to paragraph 3 of my memorandum (19) in
CP/CON/95/32 of 21st. March 1963, I now recommend that regulations 25
and 26 be incorporated into the Public Order Ordinance.
CONFIDENTIAL REGISTRY
NO..
DATE.
19/4
+
LETTER
Prepou
(D.J. Bryan)
for Commissioner of Police
CR
an file please.
13/4
DJB:ms
c.c. Hon. 3.5. (Mr. Shephard)
AIS
G.F. 78B
6,000x100-2/61-B28092
6/3231/39=
MEMO
CONFIDENTIAL
From
Legal Department
Telephone..
95219
Your Ref:
Date 18th April, 1963...
My Ref: (34)
To Hon. C.S. (Mr. Shephard)
.in..
CR.6/3231/59 II
in AGO/8/1250/62 II C.
(146)
Revision of Emergency Regulations
2016 With reference to my memos dated 10.1.63 and 11.1.63, I now
understand that the Food Business (N.T.) Regulations are expected to go
to Ex. Co. in a few weeks time. The Prevention of Cholera Regulations
1938 (Revocation) Order of which you have a copy should go at the same
time, and an Ex. Co. memorandum is therefore needed. I am afraid that I
have no time to draft it now, but you may find that my comments in
paragraph 3 of the memo dated 10.1.63 are useful. 2. With reference to
my memo dated 25.3.63, do you intend to proceed with this revocation
now, or hold it until other items are ready for revocation?
3.
I am afraid that I have not been able to make any progress with the
drafting of Defence Legislation.
4.
All items of legislation connected with the revision of Emergency
and Defence regulations are to be taken over by Hobley, and I have left
him with full notes of matters in hand.
/es.
wtw Daudi
(W.S.W. Davidson)
Crown Counsel.
CONFIDENTIAL PEGUTRY"
NO....
DATE....
дния
18/4
INWARD LETTER
CONFIDENTIAL
-7
G.F. 73
0000730
20,000x100-3/62-B28360
6/2.159 рел
MEMO COM
I AB
18
14
From.........
Commissioner of Tolico
Ref..
(26)
.in.
Tel. No..
34522 Txt.
Your Ref.
in.
To Mer.
Date......1
dated.
༩།
12
refers,
2.
Umergency (oyal (mm) (folice Fewers) Regulations, 1942.
Your momoranduri (10) in ACC 1/625/61 of 27th March, 1965,
I agree that these rogulations shoulā be revoked without replacement so
far as they relate to the Merchant Shipping Ordinance.
DJB: ja
MBryan
(D.J. Bryan)
for Commissioner of Iolice
cc. Hon.C.S. (Atta.: "r. Shephard)
Director of Marine
COLETIVEMINTAL
file.
NFA
NO
2414
D: 20/4/63
WARD
AIS
22/4
IN
FED 9/401/01
6/323149
Saving
From the Secretary of State for the Colonies.
To the Officer Administering the Government of Date 19 July, 1963
NO......
HONG KONG
있는데 고구
From Secy of State.
1231 Saving
Serial Mo...
1731
Regd:
23/4/63
Your savingram No.588 of 22nd March 1963.
Revision of Emergency and Defence Regulations in
HONG KONG
This report indicates very satisfactory progress in the task of
revision.
2. It is noted that in Appendix B there is reference to a proposed
Public Order_Bill. It is desirable that my adviser's should be given an
opportunity to comment on this Bill in draft and before publication.
3. It is suggested that you might find it helpful if the new Emergency
(Principal) Regulations were to be forwarded here for comment before
they are set up in proof form (paragraph 3(b) of your saving refers).
22
SECER
9/401/01
6/322119
2715
Enclosure No 160
was missing when filmed.
olic Uru
iven an opportunity (nation.
- find it helpful if the new
forwarded here for
-~h 3(b) of
IN
2414
V- R]
FED 9/401/01
6/3231/9 Hurt 27!
3
Enclosure No 161 was missing when filmed.
is noted that in appone
ed Public Order Bill.
It is desirable that my
be given an opportunity to comment on this Bill in draft and
publication.
I is suggested that you might find it helpful if the new ncy (Principal)
Regulations were to be forwarded here for tun in proof form (paragraph
3(b) of
10
2414
0000730
COPY
..F. 73
‚0,000x100-1/63-B32300
From
Colonial Secretariat
Ref. (3)
in.
GR.LM. B1139/63
Tel. No.
95302
Date
8th August, 1963
MEMO
6/5831/598
216
Hon. Attorney General (Principal Crown Counsel,
To Law Revision)...
Your Ref...
in
dated
3
GRAM
Law Revision
Lighting Control Ordinance, Chapter 55,
Further to my Memorandum (2) from this file and to conversation
Botelho/Shephard, I regret that a more detailed examination of the
Emergency (Principal) Regulations 1949 has 1316 revealed that there is
no adequate provision there of the powers
conferred by the Lighting Control Ordinance. This Ordinance should
therefore not be repealed until further notice.
2. I am sending a copy of this Memorandum to the Solicitor General (Mr.
Hobley) as it has already been agreed that this type of legislation is
more appropriately covered in draft Emergency Legislation which is not
held in the permanent law but which is rather kept "on Ice" until
needed. The requirement for this particular piece of legislation will be
kept in mind during the revision of the Emergency (Principal)
Regulations which is now in hand.
c.c. Hon. A.G. (Mr. Hobley)
Allophand
(A.J. Shephard)
for Colonial Secretary.
Г.
.F. 73 A
6/3271159
CONFIDENTIA
Deputy Economic Secretary.
L/B1141/63.. ..in.../SP/20011
MEMO
From
Director of Com orce and Industry.
To
Telephone...
33042
Your Ref:
(2).
.in..
Date 5th Septa ber, 1963.
My Ref:
..(11.)...
Low Revision
Rice Ordinance, Cap. 116
At the present time the Rice Ordinance is entirely
su erfluous. Our somevduat limited powers under the Importation and
Exportation (Reserved Com dities) Regulations are suffi- cient to enable
us to control the rice truco in normal times, and the Bergency
(Principal) Regulations 1949 give us ample scope to deal with any
emergency; the powers contained therein are much wider than those in the
Rice Ordinance.
2.
I understand, however, that the hergency (Principal) Regulations 1949
will be ropoled in the course of the next year, the intention being that
they be kept in a state of readi- ness for or mulgation, in case of
need, at vay short notice.
3.
You will appreciate t'at we lave to quarú against two different types of
emergency, i.e. that resulting from
4.
(a) civil corretion, au attack on the
Colony, etc.; and
us
(b) extraneous factors, e.g. civil war or other circumstances denyin the
supply of rice from Thailand and other sources of supply in South East
Asia.
The powers we need to deal with such chergelcics are those of the
requisition, distribution and fixing of prices of rice, such as are
presently contained in Regulations 67, 67A and 72 of the Emergency
(Principal) Regulations 1949.
5.
Provided that these nowcre vi 11 ro sin availablo to us at short notice,
to deal with both types of emergency mentioned above, we have no
objection to the repeal of the Rice Ordinance.
!
!
(D.J. Farsh)
for Director of Commerce and Industry.
DJI/rd
C.C.
Défonce Secretary
(Attention: A.J. Shephard, Esq.)
5142
6/9/63)*7 ARD LETTER
CONFIDENTIAL
C. & I. 68
2700069
5,000-10/62-B29899
With the Compliments
of the
Director of Commerce and Industry
CB
Fire Brigade Building,
Hong Kong.
file (Emergency heg=).
1
From: Colonial Secretariat
Той
To: Chief of Staff, H.Q.L.F.
(Commander Leonard) (2)
Copies: Command Land Agent, H.Q.L.F.
Attorney General.
Revision of Emergency and Defence Legislation
Proposed Defence Bill
actic..
Part I
SCR 27/1476/59 1
Notes on a meeting held in the Defence Branch
of the Secretariat on the 6th September.
Present:
Commander Leonard, H.Q.L.F,
Lt. Col. Dean, G.S.0.1. Opé. H.Q.L.F. Mr. Steers, Command Land Agent.
Captain Cowley, G.S.0.3./H.Q.L.F. Assistant D.S.
$.0.3
The meeting dealt with Legal Department's memorand 3 in A.G.0.
31/12/50/62 of the 8th August, point by point.
(a) Paras 1 and 2.
2.
It was agreed that the revision of this legislation should proceed as
quickly as possible, subject to the comments below.
(b) Para 3.
3.
4.
The Proposed Defence Bill
It was agreed that a more appropriate title would possibly be Defense
(Lands) Bill. A.D.S. agreed to take this up with Principal Crown
Counsel. All agreed that there was no objection to consolidating in this
one Bill the provisions relating to Firing Areas as well as provisions
relating to Closed Areas and Frotected Areas.
It was noted that requisitioning powers would probably also be included.
(c) Para 4.
Stonecutters Island Ordinance.
1
(
5.
It was agreed that provided adequate provision for thr special position
of Stonecutters Island was included in the new consolidated Bill, then
there was no objection to revoking this Ordinance.
(a) Para 5.
6.
Security Areas Bill.
There was general agreement with Principal Crown Counsel's proposal to
incorporate much simpler general provisions for "Frohibited Places and
Closed Areas" in the proposed new Defence (Lands) Bill. The former would
conform with practice in Great Britain while the "Closed Area" would be
a special concession to the circumstances of the Colony.
(d) Para 5. (contd)
7:
8.
9.
Page 2.
G.S.0.1. drew attention to the proposal that authorised guards, who at
present have the right to discharge fire arms under the Protected Places
Ordinance, would lose that power by the proposed conformity with legal
cover in Great Britain, and the revocation of the Protected Places
(Safety) Ordinance (Cap 260 "Laws of Hong Kong")
Lt. Col. Dean thought that he should hot confirm the Army's agreement on
this point until C.B.F. had been consulted. The A.D.S. pointed out that
the normal practice was to have this type of power not in permanent
legislation but in emergency legislation, which would not be brought
into force except in circumstances of civil unrest etc. The meeting
considered the powers granted in this respect under Emergency
(Principal) Regulation No.35 which gives such emergency powers though
confining them to four specific offences against the Emergency
(Principal) Regulations. It was considered that this regulation might
have to be given a wider application if the present power to open fire
in Protected Places/were to be done away.
It was agreed that subject to further examination of this particular
point, the proposed new provision for the security of Military Areas
would be satisfactory.
(e) Para 6.
10.
11.
12.
13.
Firing Areas.
A.D.S. regretted that by an oversight copies of the draft provisions to
be included in the proposed Defence (Lands) Bill in relation to Firing
Areas had not been copied to the Military Authorities. The meeting
proceeded further to examine the draft clauses (a copy has now been sent
to all addressees).
The draft clauses/were agreed subject to the following comments :
I. Section 5 (i Time Limit on Claims for Compensation.
The Command Land Agent suggested a compromise between the two months and
the twelve months suggested by D.C.N.T. All agreed that six months would
be a fair limit.
II. It was agreed in respect of the same sub section that claims should
be made by giving notice in writing, not to C.B.F., put to Claims
Commission, which is empowered to deal with claims on behalf of all
three services.
(f) Para 8.
14.
Requisition of Land.
The Command Land Agent confirmed that he thought the period of two years
grace which the Military Authorities would have to seek alternative
forms of tenure for the lands and buildings held by them under the
various Requisition Regulations, which it was now intended to revoke,
was acceptable. As far as he could foresee, the only "difficult" piece
of property would be Taipo Camp. The meeting expressed general
appreciation of and agreement with the need to dispense with the
military occupation of land and premises under emergency requisitioning
powers.
Fage 3.
+
A
EL
2/4941/54
(g) Para 9.
15.
16.
Enemy Properties
The Command Land Agent confirmed that the last of the Japanese property
occupied by the Services (i.e. Minden Row) had been relinguished.
It was pointed out, however, that cover for requisitioning under the
present Emergency (Principal) Regulations 1949 used the words "in the
public interest" as the justification for requisitioning. The Command
Land Agent suggested and the meeting agreed that special consideration
be given to Military transit needs which might not necessarily be in the
"public interest", if by that is meant merely the public interest of the
Colony. The A.D.S. agreed to bring this to the notice of the Principal
Crown Counsel, and it was suggested that it might be necessary to add
"and the interest of the Crown". Part II
17. Immediately following the meeting referred to in Part I of this
memorandum, the observations of the meeting were discussed with
No comments yet.
Private notes are available after approval.