Frincipal Crown Counsel, Mr. Hopley. following additional points arose:
(a) Firing Areas Ordinance.
The
18. I. D.C.N.T. should be asked for a list of Chinese Festivals
affecting the ranges.
19. II. The List of Authorities to be notified of firing practice at
present omits the Commissioner of Cooperative Development and Fisheries,
who should obviously be included. At the same time, a decision was
required on the continuafice of notice to the Royal Hong Kong Yacht
Club. It is for consideration whether the other Yacht Clubs now in
existance should also be informed of firing practice.
Possibly, as the Director of Marine is informed in any case, it
should be left to him to inform all the Yacht Clubs of firing practices,
in which case there was no need to specify individual notice to the
Royal Hong Kong Yacht Club.
20. III. Is the definition of "Ammunition" in Section 6 (ii)
sufficiently comprehensive in other words, should we include Grenades
and other weapons, Missiles, etc., by specific referencs
21.
I shall be grateful for the early comments of addressees on specific
points awaiting resolution, particularly from H.Q.L.F. on the powers of
authorised guards.
AJS/jph
9:9:1963:
HI Chepha
(A.J. Shephard)
for Colonial Secretary
is
Date:
COPY OF A SAVINGRAM FROM THE GOVERNOR,H.K. TO THE SECRETARY OF STATE FOR
THE COLONIES
4th September, 1963.
My Reference: CR 2/3011/16
No. 1996
Mr. Creech Jones' Circuler Savingram of
18th July, 1946.
ڑا
Emergency Legislation
In accordance with the request in the last paragraph
of the savirgram under reference, I report below the general position
for the six months period from 1st March, 1963 to 31st August, 1967.
Defonna Dem-latinna
No Defenna Regula atione TIANA omoctoa AM potrokeA
Auntno thie neniod.
3.
(a)
(b)
Emergency Regulations
No Emergency Regulations were enacted or revoked during this period.
Amendment
The Emergency (Deportation and Detention) (Amendment) Regulations, 1963
(L.N. 81 of 1963) revoked end replaced regulation 3 of the Emergency
(Deportation and Detention) Regulations 1962 (G.N. A.50/62) so as to
enable a Deportation and Detention Advisory Tribunal to consist either
of a President sitting alone or of a President and additional members
selected by the President from a panel. provision enabling a President
to sit alone has been made owing to the difficulty at times of obtaining
members from the panel.
The
}
COPY OF A SAVINGRAM FROM THE GOVERNOR HK TO THE SECRETAR OF STATE FOR
THE COLONIES
Date: 11th March, 1961.
My Reference GR 2/3011/6
No. 71,3
Mr. Creech Jones' Circular Savingram of 18th July, 1946.
Emergency Legislation
In accordance with the request in the last paragraph of the savingram
under reference, I report below the general position for the six months
period from 1st September, 1963 to 29th February, 1964.
2.
3.
Defence Regulations
(a) No Defence Regulations were enacted or revoked during
this period.
(b) Enactment continued in force
By a resolution made and passed on 18th December, 1963
(L.N.163/63), the Legislative Council extended the duration of the
Defence Regulations (Continuation) Ordinance, 1958 (No. 37 of 1958) for
the term of one year with effect from 1st January, 196!.
Emergency Regulations
No Emergency Regulations were enacted or revoked during this period.
!
11
COPY OF A SAVINGRAM FROM THE GOVERNOR H.K. TO THE SECRETARY OF STATE FOR
THE COLONIES
167
Date: 10th September, 1961.
My Reference GR 2/3011/6
No. 2300
Mr. Creech Jones' Circuler Savingram of 18th July, 1946.
Emergency Legislation
In accordance with the request in the last paragraph of the savingram
under reference, I report below the general position for the six months
period from 1st March, 1964 to 31st August, 1964.
2.
Defence Regulations
No Defence Regulations were eracted or revoked during this
period.
3.
Emergency Regulations
(a) No new Emergency Regulations were enacted during
this period.
(b) Revocation
By the Prevention of Cholera Regulations, 1938 (Revocation) Order, 1964
(LN. 72/64), the Prevention of Cholera Regulations, 1938 (G.N.430/38)
were revoked.
The provisions of these Regulations are now contained, with
modifications, in the Food Business By-laws, 1960 (G.N.A. 109/60) made
under the Public Health and Urban Services Ordinance, 1960 (No. 30 of
1960).
2600027 C.S. 20 A
X SAI
09109395 stoags
этая
XM
From the Governor, Hong Kong
To the Secretary of State for the Colonies
Repeated to:-
Repeated to
to 15
Date....
March, 1965
My Reference....
GR 2/3011/46
SAVINGRAM
Your Reference..
CR
No.
556
168
No.
No.
Mr. Creech Jones' Circular Savingram of 18th July, 1946.
Emergency Lexislation
In accordance with the request in the last paragraph of the savingram
under reference, I report below the general position for the six months
period from 1st September, 1964 to 28th February, 1965.
E
2.
(a)
(b)
c.c.
3.
(a)
(b)
Defence Regulations
No Defence Regulations were enacted or revoked during this period.
Enactments continued in force
By a resolution made and passed on 23rd December, 1964 (L.N.186/64), the
Legislative Council extended the duration of the Defence Regulations
(Continuation) Ordinance 1958 (No.37 of 1958) for the term of one year
with effect from 1st January, 1965.
Emergency Rezulations
New Regulations enacted
During this period, the Emergency (Bank Control) Regulations 1965 (L.N.
20/65) and the Emergency (Bank Control) (Amendment) Regulations 1965
(L.N. 21/65) were enacted in order to control the circulation of bank
notes. The former Regulations provided for a limitation on payments by
banks in cash and for the circulation in the Colony of notes issued by
the Bank of England. The latter Regulations modified the former by
adding thereto a new provision empowering the Commissioner of "anking to
require the return of cash held by banks to note-issuing banks.
These regulations were subsequently, a week after their enactment,
further modified by the Emergency (Bank Control) (Amendment) (No. 2)
Regulations 1965 (L.N. 29/65) whereby the provisions relating to the
limitation of payment in cash and the return of cash to note-issuing
banks were revoked. The provisions relating to the circulation of notes
issued by the Bank of England remained in operation.
During this period, no Emergency Regulations were revoked.
SCR 6/3231/5911
New CR
Jave
18
A
2600027 C.S. 20A
From the Governor, Hong Kong
To the Secretary of State for the Colonies
Repeated to:-
Repeated to:-
Date....... 3
My Reference.....
COPY
SAVINGRAM
September, 1965.
GR 2/3011/46
Your Reference...
No.
2110
No.
No.
169
Mr. Creech Jones' Circular Savingram of 18th July, 1946.
Emergency Legislation
In accordance with the request in the last paragraph of
the savingram under reference, I report below the general position for
the six months period from 1st March, 1965 to 31st August, 1965.
2.
period.
3.
(a)
(b)
Defence Regulations
No Defence Regulations were enacted or revoked during this
Emergency Regulations
No new Emergency Regulations were enacted during this period.
Revocation
During this period, the remaining provisions of the Emergency (Bank
Control) Regulations 1965 (L.N. 20/65), which provided for the
circulation in the Colony of notes issued by the Bank of England were
revoked by the Emergency (Bank Control) (Revocation) Order 1965 (L.N.
81/65).
c.c. CR 6/3231/59111
1
From
73C
Ref. (1)
Tel. No.
Date
000733
CONFIDENTIAL
Legal Department.
in AGO 2/3/1250/66.
MEMO
Το
Defence Secretary.
95265.
Your Ref
in
26th January, 1966.
dated
129
Revision of Emergency Legidation
I have recently made the mistake of looking through some
of our filing cabinets in the department's confidential registry.
2.
One of these cabinets was full of files containing various pieces of
draft emergency legislation, most of it prepared 15 years or more age.
3.
You may feel, as I do, that emergency legislation ought to
be brought up to date every decade or so.
4.
5. A
I have tried to gather together into one file
(a) the assortment of emergency regulations,
orders etc which I discovered;
(b)
lists of all emergency rezacions which have been in force any time since
the
and the which are in force now.
war,
Tutach this file, AGO 1/3/1250/66 copy 3, for your retention. forward a
copy C of a file of emergency draft orders. Armed with this materia),
you will now be in a position to undertake that full scale revision of
emergency legislation which I am sure has been your ambition for a long
time.
CONFIDENTIA
BAIF
Encls (2).
388.A.
9/9/66
(D.T.. Roberts)
Solicitor General.
This shild how bean enclosed in CR 312/64 to whunt
A
хелок бору
бы Поствий
has now been attached
CONFIDENTIAL
Ans3
26/05/70
JWC
"2600027 C.S. 20 A
From the Governor, Hong Kong
To the Secretary of State for the Colonies
SAVINGRAM
Repeated to:-
Repeated to:-
40
Date..........
March, 1966
My Reference.....
GB...2/3011/46.
Your Reference..
No.
497
No.
No.
Mr. Creech Jones' Circular Savingram of 18th July, 1946. Emergency
Legislation
In accordance with the request in the last paragraph of the savingram
under reference, I report below the general position for the six months
period from 1st September, 1965 to 28th February, 1966.
2.
3.
(a)
(b)
Defence Regulations
No Defence Regulations were enacted or revoked during this period.
Enactments continued in force
By a resolution made and passed on 22nd December, 1965 (L.N. 157/65),
the Legislative Council extended the duration of the Defence Regulations
(Continuation) Ordinance 1958 (No. 37 of 1958) for the term of one year
with effect from 1st January, 1966.
Emergency Regulations
No Emergency Regulations were enacted or revoked during this period.
c.c. CR 6/3231/59111
A
0000731
RESTRICTED
From Colonial Secretariat
Colonial
Ref. (B) in CR 5/3371/66 Tel. No. 95302
Date 8th June, 1966.
迎
"IN"
MEMO
To Hon. A.G.
Your Ref....
dated
in..
Kowloon Disturbances. April 1966
171
I attach an extract from a memorandum from the Registrar General, in
which he raises the question of the possible effect of a curfew on
statutory time limits. As far as I am aware this problem has not been
considered before, and I should be grateful for your advice as to the
most appropriate means of dealing with it - perhaps a set of Regulations
under the Emergency Regulations Ordinance would be the answer, a draft
to be kept "on ice" for use if and when required?
c.c. R.G. (no encl. your RG 8/24 of
22.4.66 refers)
S.C.R. 64/64 (with encl.)
JWC/mjc
པ་
RES RI
(J.W. Chambers) for Defence Secretary
A
:
RESTRICTED
EXTRACT FROM A MEMO. FROM REGISTRAR GENERAL
TO D.C.S.. dated 22nd April 1966.
2.
There is one aspect of the disturbances that has occurred to me but has
not so far been mentioned. As you are possibly aware, various aspects of
this Department's work involve statutory time limits. For example
(4)
(2)
(3)
If a marriage does not take place within 3 months after the giving of
notice of intention to marry, the notice is void and fresh notice is
required.
Companies that have created a charge over their property are required to
register the charge in the Companies Registry within 5 weeks from the
creation of the charge.
Priority of instrments registered in the Land Office depends upon
registering instruments within one month after execution.
The foregoing are merely examples, many more of which could be listed if
I had the time to do so. These examples will, however, suffice to show
how important it might be if members of the public were denied access to
the offices of this Department because of civil disturbances. Quite
apart from time limits affecting this Department, there are many other
time limits that are of great importance. The very technical rules
relating to Bills of Exchange spring to mind as an example.
This
3.
I therefore suggest that if the Governor does not already have power
to do so he should now be empowered to declare dates on which civil
disturbances take place as dies non for the purpose of any statutory
provision. would mean that any person who had left the taking of action
to the last permitted day, which he has of course every right to do,
would not be prejudiced by circumstances beyond his control and would be
enabled to take the action in question on the first day following the
last of the dies non declared by the Governor.
Sgd. (W.K. Thomson) Registrar General
RESTRICTED
2600029 C.S. 20C
From the Governor, Hong Kong
SAVINGRAM
172
To the Secretary of State for the Colonies
No.
2066
Repeated to:-
No.
Repeated to:~
No.
Date 3 September 1966
My Reference
GR 2/3011/46
Your Reference
Mr. Creech Jones' Circular Savingram of
18th July, 1946.
Emergency Legislation
In accordance with the request in the last paragraph of the savingram
under reference, I report below the general position for the six months
period from 1st March, 1966 to 31st August, 1966.
2.
Defence Regulations
No Defence Regulations were enacted or
revoked during this period.
3.
Emergency Regulations
No Emergency Regulations were enacted or revoked during this period.
CC. CR 6/3231/592
/ec
1
E
e
€
G. F. 738
0000732
From
Ref.
Legal Department.
(2) AGO 2/3/1250/66.
in
Tel. No. 239121 E. 56.
CONFIDENTIAL
MEMO
123
To
Defence Secretary.
Date
7th September, 1966.
Your Ref
in
dated
Revision of Emergency Legislation
Further to the Solicitor General's memo of 26th January, I
wonder if you have been able to make any progress on this matter?
FIDENTIAL
MEGI. PA
.6551 DATF. 9/9/6.6.
LETTER
Hopton
(J.E. Hopkinson) Acting Law Draftsman.
CONFIDENTIAL
G. F. 73C
From
0000793
CONFIDENTIAL
Colonial Secretariat
Ref. (174) in CR 6/3231/59111
MEMO
Hon. A.G.
To
174
95302
(2)
AGO 2/3/1150/66
Tel. No.
Your Ref
In
Date
4th October, 1966.
doted
7th September, 1966.
Revision of Emergency Legislation
!
There are really two separate matters which fall under
this heading:-
(a) a review of the emergency legislation now in
force; and
(b) the collection of draft Regulations, Orders, etc. CR 512/04
kept in readiness for use in an emergency.
2.
A good deal of work was done on (a) above early in 1963 and a schedule
was prepared of all Emergency and Defence Regulations and other
temporary post-war legislation, with proposals for action to dispose of
such temporary legislation as far as possible. This schedule was
forwarded to this Secretariat under the Attorney General's memorandum
(2) in AGO 8/1250/62 dated 12 February 1963, and was sent to the
Secretary of State for the Colonies with Savingram no. 588 of 22 March
1966. For a variety of reasons little progress has since been made with
the programme set out in this schedule.
3.
Many of the draft Regulations under Cap. 241 and the draft Orders under
the Emergency (Principle) Regulations are out-of-date (as is the case
with a similar collection held in the Defence Branch) due to changes in
defence policy and planning, and I agree that it would be useful to
examine them with a view to discarding those no longer required, and
amending others where necessary.
4.
I should be glad to discuss at a convenient time, with a view
to deciding how to proceed with these two reviews.
CONFIDENTIAL
0.0.
REGISTRY
4564
5/10/
OUTWARD
SCR 64/64
(J.W. Chambers) for Defence Secretary.
JWC/pf.
CONFIDENTIAL
.....
G.F. 73C
0000733
From
CONFIDENTIAL
Colonial Secretariat
Ref. (83) in
Tel. No.
Date
CR 3285/57
95302
18th November, 1966.
MEMO
To Hon. A.G.
Your Ref (2) in AG08/1250/6211
dated 12th February 1963.
Public Order Bill
Please refer to Appendix 'B' to the draft Savingram enclosed with your
memorandum of 12 February 1963.
2.
It appears to have been the intention that the substance of Regulations
25,26,50 and 50A of the Emergency (Principal) Regulations 1949 should be
incorporated into the Public Order Bill, as part of the operation to
dispose of emergency legislation as far as possible. Regulations 50 and
50A figure as clauses 36 and 37 of the Bill, but Regulations 25 and 26,
which provide for the control of placards and other publications
containing incitement for violence, do not appear to be included. I am
not sure whether this omission is deliberate or due to an oversight;
could you please advise whether the Bill should be amended to include
the substance of these two Regulations?
C.C.
III CR 6/3231/591:
✓
J c/pf.
(J.W. Chambers) for Defence Secretary.
CONFIDENTIAL
175
G.F. 73A
0000731
From
Colonial Secretariat
Ref. (159) In Biel 6/4941/49
MEMO
To
Headquarters, Land Foroes
Tel. No.
95302
Your Ref.............
in.
Date
20th December, 1966.
dated
Castle Peak/la Tsuon Range
2.
There is still in existence an Order (copy attached) known as the
Emergency (Requisition) (Use of Land by lis lajesty's Military Forces)
(No. 2) Order, 1950, which authorises the use of the "ia Tsuen Firing
Range" as a practice field firing range from 1st December to 31st March
each year.
As you will see this Firing Area covers only part of the present
Castle Peak Range (Firing Area 'D' of the Defonoes (Firing Areas)
Ordinance (Cap.196). As far as I oan see from our files the original
Castle Peak range was much smallor and covered only the southern part of
the present range. In 1958 the schedule to Cap.196 was amended to
enlarge the Castle Peak range so as to include the more northerly lla
Tsuen range referred to in para.l above. It would appear that once this
was done there was no longer any requirement for the 1950 Order, but it
has never been rescinded.
3.
Fe are now trying to dispose of as much as possible of our ener- gonoy
legislation, and I should be grateful if you could confirm that this
Order is no longer required.
o.G. Hon. A.G. (Mr.Airay)
No comments yet.
Private notes are available after approval.