CR 6/3231/59 III ✓
BUW/pf.
(J.W. Chambers) for Defence Secretary.
0000730
G.F. 73
From........
Ref.(20)
Tel. No.
Date
..in.
Legal Department.
1/1905/66
239121 E. 28.
MEMO
To.
Hon. Colonial Secretary.
77
CAS
SOROTIAL
30th December, 1966.
Your Ref 09. ..in..
CR 312/64
dated
23rd December, 1966.
Kowloon Disturbances, April 1966
I regret the delay in dealing with your memo under reference. The most
appropriate means of dealing with the effect of curfew on statutory time
limits appears to be the preparation of a set of regulations to be made
under the Emergency Regulations Ordinance and to be kept "on ice" as you
suggest. I understand that Mr. Airey of the Drafting Section is
examining the entire position under the Emergency Regulations Ordinance
with a view to framing various Regulations to cover other matters, and
no doubt he will be in a position to help you if it is decided to adopt
the course you suggest.
FECISTRY
$207
31/12/66
DATE. 3.
INWARD LETTE
(P.F.X. Leonard)
Assistant to the Law Officers.
1 DEC 1966
G.F. 73C 0000733
ADS(1)
CONFIDENTIAL
Colonial Sowetoriat
MEMO
To Ikm. Attorney General.
From
Ref. (90) in
Tel. No.
Date
0.3295/57
95302
Your Ref
in
20th January, 1967.
dated
ACC/4/1250/630
25th November 1966.
Public Order Dill.
I have consulted the Comdesioner of Police and we are now agreed that
clauses 4:7 and 12 (1) should be amended as you propose, and that the
new clause 53 (5) should be inserted. It is also agreed that the
substance of res. 25 and 26 of the baryongy (Principal) Regulations
should not be included in the Bill. I should be grateful if you would
anand the stencils of this ill accordingly.
2.
Clause 33 (6)
could the reference to the Prisons
Department (ry mero (79) in this file, a 22nd August 1966 - para. 1(b))
please be added?
c.o. Commissioner.
CR 6/3231/59
JWC/mb
"Police
(J.. Chambers) for Defence Recretary
CONFIDENTIAL
178
G.F. 73C 0000733
CONFIDENTIAL
Colonial Secretariat
MEMO
To Commissioner of Polico
From
Ref. (179) in
CR 6/3231/591II
Tel. No.
95302
Your Ref..
in
Date
25th January, 1967.
dated
Energency (Principal) Pegulations. 199.
It is agreed policy that Emergency Legislation in force should be
reduced as much as possible, and with this ein in view, I am now
conducting a review of the above Regulations in con- junction with the
Legal Department. Briefly our aim is to deal with these Regulations as
follows:-
(a) Populations for which a permanent nood (as omposed to an emergency
nced) exists, will be incayorated in ordinary permanent legislation;
(b) Regulations which would be needed in on exergency only will be
rescinded and kept "on ico", realy to be cracted at very short notice if
and when required;
(c) Regulations no longer required in any event will be rescinded and
not replaced.
2.
As a first step I have been through those of the Emergency (Principal)
Ropulations, 1949, which are actually in force, and the following table
shows the action proposed in respect of each Regulation.
Regulation
21
2
26
34
Subfoot
Wireless Telegraphs etc. (anended by GHIA 174/50)
Posting placards etc.
Publications may be prohibited
Special Areas
Action rooned rescind, as tho povers provided are covered by the
"elecommunications Ordinance 1962.(subject to com'irmation by HIG)
this is covered by the Public Order Bill; this Regulation should be ros-
cinled vähen the ill is enacted.
rescind and koep "on ice".
now that "Langer Areas" aro no longer planned, this "opulation can pre-
surably be rescinded.
CONFIDENTIAL
318
2411168.
OUTWARD
LETTER
CONFIDENTIAL
...2/
179
CONFIDENTIAL
Transfer of persons in
36
custody
37
Restriction ardemu
40
Further detention after
50
50A
51
57
58
67
67A
81
84
15 2 8
99
altout or detention under Regulation 29
Entry and departure of aldpa and aizcraft
Power to detain vensola
adraret etc.(an 11/58))
Tradition of myply of fual, victual: etc.
Control of territorial
and colonial waters
(CRIA 174/50)
Control of roads and travel etc. (GHA 174,/50)
Powers to stop and search: velicles etc.(CTA 174/50)
Requisition of property other than lend (amended by (#IA 103/52)
Power to commandeer pro→ perty other then land (CIA 171/50)
A pplication of Coupen sation (Defence) Regul-
ationa
Publicity of arðars
Affiẳng of notices
Identification of per-* sons in custody
Powers of entry and search eta.
resoind and koop "on 100".
rosaini and hoop "on ice".
resaini and keep "on loe". (eg. 29 is not in fo100)
will be covered by Public Qrðør Mill; rescind vben Rill becomes low
rescind and kop "on 100'
covered by clause 36 of
Public Order Bill;
rescind when Bill be- Coues law
covered at least part- ially by oad Traffic Ordinance and relations and
Public Ordar 411; possibly rescind when 1111 beoxies law?
reaci? and oop "on ico".
roscini and koop "on 106".
rescind and keep "on ice".
regain and koop "an
retain until all other Pegulations have boon renaudod; then ros- aind
and keep "on ice",
CONFIDENTIAL
CONFIDENTIAL
109
Injury to property
3
largely covered by Public Order 111 and other logislation; nay be
rescinded?
117
Offensive teapons
118
119
120
124
125
126
131
132
Consorting with person carrying arms, ato.
Failure to report offence of carryday; arım, oto.
Consorting with persons wooring unwithorised uniforms, etc.
Certain offences in Closed Areas, etc.
Interference with and damage to auszurdications eto.
Power to prescribe organisation
Offences by acrporation
Alteration of licences etc.
rescind and koop "an 100"
rescind and koep "an 100".
rescină anî koen "on 100".
rescini and "keep on 100".
no longer required?
covend by other løgia-s lation; may be reo- cinded (Of Leg. 109)
rocini and "keen on 100*.
133
Attentp to committ
offence etc.
134
Kallity for offenceE
135
Obtaining nasession etc.)
136
General penalties
137
Coachcement
3.
retain until all other Regulations have boen recalled; then rescind and
"koep on 10e".
I should be glad to know whether you soo any objection to the action
proposed in respect of the various "egulations; in particular I should
be grateful for your views on the need to keep Regulations 58, 109, 124
and 125. I should be gled to discuNG if you feel that this would help.
CONFIDENTIAL
...4/
t
CONFIDENTIAL
مبا
The Tequilations not listed above have never been brought into force,
and consideration of then is being defared for the time being.
0.0. Ilon. Attorney General (Attni lir. Airey)
(T.W. Charibers) for hedance ocratary
Hote: These l'egulations can be found at GNA 277 in the 1949 Volume of
Regulations; where a "egulation van subse nently added, replaced or
substantially amended, the QA number is given in brackets after the
mibjoot.
JK0/mb
CONFIDENTI
G.F. 73C 0000733
From
CONFIDENTIAL
Colonial Secretariat
Ref. (180) in CR 6/3231/59111
Tel. No.95-302
27th January, 1967
Date
MEMO
To P..G. Το
Your Ref
in.
dated
Dhor-onov (Principal) Rozulations, 1949
(GNA_277/49)
Regulation 21 of the above legulations, as amended by GA 174/50, rolates
to the control of wireless Telegraphy, and was brought into operation on
14th August, 1950 (GNA 182/50); you wore dosignated a ço petent
authority for the purpose of this Regulation on the same date (GIÀ
183/50).
2.
It appears however that the powers conferrod by this lcgulation are
covered by the Telecommunications Crdinance 1962 and that legulation 21
may therefore be revoked, would you please confirm that this is correct?
SEPTLY
368
311167
LETTER
(J.M. Chambers) For Defence Secretary
0.0. Hon. A.G. (lir. Airey)
CONFIDENTIAL
7
G.F. 738
0000732
Postmaster General
CONFIDENTIAL
MEMO
To
Defence Secretary
From
Ref. (5)
in
PMG. D.1
Tel. No.
224465
Date
4th February, 1967.
Your Ref 180 in
III
CR 6/3231/59
dated
27.1.67
Emergency (Principal) Regulations, 1949
GNA 277/49)
It is agreed that Regulation 21 of the above Regulations may be revoked,
subject to Hon. A.G.'s concurrence, since the terms used and penalties
appear to be out-of-date and the powers conferred are covered by the
Telecommunications Oranice, 1962.
c.c. Hon.
(Mr. Aires)
RVTJ:YE
ཟླཝ་རྭ་-་?
RU Balbo Yours
(R.V. Talbot-Jones)
p. Postmaster General
CONFIDENTIAL
CONFIDENTIAL
*
REGISTRY
953
4/2/67
APR LETTER
2600027 C.S. 20A
SAVINGRAM
From the Governor, Hong Kong To the Secretary of State for be£atootx
Commonwealth Affairs
448
No.
Repeated to:--
Repeated to:-
No.
No.
Date.........
2
My Reference....
Murch, 1967. GR 2/3011/46
Your Reference....
July, 1946.
Mr. Creech Jones Jircular Savingrum of 18th
mergency Legislation
In accordance with the request in the last purugraph of the savingram
under reference, I report below the general position for the six months
period from 1st September 1966 to 28th February 1967.
2.
3.
Defence Regulations
(a) No Defence Regulations were enacted or revoked
curing this period.
(b) actments continued in force
By a resolution made and passed on 21st December 1966 (L.N. 94/66), the
Legislative Council extended the duration of the wefence Regulations
(Jontinuation) Ordinance (Cap. 309) for the term of one year with effcct
from 1st January 1967.
*mergency Regulations
No ...mergency Regulations were enuated or revoked during this period.
C.C. CR 6/3231/59
/ec
G.F. 81
0000810
1,00000-9/64-B45328
From............
Colonial Secretariat
Ref. (183)...in.
CR 6/3231/591II
Tel. No.
95.30.2...
Date
23rd March, 1967.
MEMO
183
To..............
Commissioner of Tolice.
Your ..................... ...
dated
dated
Energency (Principal) Regulations 1949.
I refer to my ( 179 ) in.....CR.6/3231/591
25th January,..1967, and should be grateful if you would advise me of
the
present position.
C.C.
(J.". Chambers)
for Defonce Secretary
}
0000820
G F. 82
File No.
LM. 16/67. C. R6/3231/59.
185
Page
from Ag. Fittorney-General, dated 21667
me
(unno.) fion.
D.C.S.,
M.! м.
A and B (less the Trade Union stuff) have now been made NFAN,
M. Z
D.S. (Intd.) P.B.W. 26/6
CONFIDENTIA!
(Intd.) M.D.I.G.
24/6/67
(Intd.) G.C.H. 24/6.
for 276
G.F. 73E 0000735
From
Ref.
in
7
CONSECREHAL URGENT
Ag. #ttorney General
MEMO Duphajadeed inter
To
y DS.
with perigo
J. Cater, Esq.,
P.A. to HE The Governor,
1
Tel. No.
Date
95255
21st June, 1967.
Des
AT-B (LESS ARE Frade Union stuff) have now then made.
حيرة
า
2476
bare 1/6
?
1.
NEAN.
Your Ref
10. CR 6/3231/19
dated
EMERGENCY REGULATIONS CONCERNING INTIMIDATION
all 24/17
As I mentioned at Government House this afternoon I am now forwarding
Emergency (Prevention of Intimidation) Regulations 1967 marked A,
Emergency (Prevention of Intimidating Assemblies) Regulations ≥ 1967
marked B, and further Regulations covering Police supervision for people
who are intimidating marked C. It is probably desirable now to combine
all these into one set of regulations, and this presents no problem from
our point of view.
2.
The Regulations marked A create a criminal offence of intimidation which
should be comparatively easy to prove. It is taken directly from the
Legislation of another ex-Colonial territory, and includes such forms of
intimidation as persistently following someone about. It is also made an
offence to organise any form of intimidation by other people.
3.
The Regulations at B are concerned with intimidating crowds which have
been so much a feature of workers' protests recently. The offence
created is that of being part of what is called an intimidating
assembly, and there is no need to prove that the person himself was
acting in an intimidating manner. Again, the Regulations strike at those
who organised such crowds from the background, as for example, where a
man summons people to a protest meeting by the use of a loudhailer
without himself actually joining the meeting.
4.
In both sets of Regulations, A and B, provision is made for imposing
vicarious liability on officials and others concerned in the management
of trade unions where it is their members who are intimidating or taking
part in crowds which intimidate. These provisions have been included for
the sake of completeness but it may well be that you will not wish to
enact them at this stage.
5.
The Regulations at C provide a system whereby persons being intimidated
may report the fact secretly to any one of a selected group of public
officers. This officer will investigate the matter and furnish a report
to HE, who would be empowered to make a Police supervision order for a
limited period. It is appreciated that the Police may not be able to
enforce the order in a number of cases. But the very fact that the
individual goesground achieves part of the object in that he is no
longer around to carry out the more obvious forms of intimidation.
Further-more once he goes into hiding people who have been intimidated
may pluck up courage and come forward as witnesses.
CARE
*
SAFE
REGISTRY
No.304.....
96-6-67
AWARDS
ETTER
*
Contd. . 2
...
SECRET CONFIDENTIAL
SECRET CONFIDENTIAL
2
-
6.
I have prepared a list of senior officers in various Government
Departments who might be appropriate as investigating officers under
these Regulations. A decision on this can perhaps be taken as soon as it
is decided the time has come to enact these Regulations.
1
Grahan Sueath.
(G. R. Sneath)
Ag. Attorney General.
GRS:dc Encls.
c.c. Hon. C.S.
D. S.desy
C.P.
is copy destroyed.
SECRET
CONFIDENTIAL.
(x)
1
Citation.
EMERGENCY REGULATIONS ORDINANCE
(Chapter 241).
Emergency (Prevention of Intimidation) Regulations 1967.
А
In exercise of the powers conferred by section 2 of the Bergency
Regulations Ordinance, the Governor in Council has made
the following regulations -
1. These regulations may be cited as the Emergency (Prevention of
Intimidation) Regulations 1967.
Interpretation.
2. (1) In these regulations -
L
"building" includes the whole or any part of any domestic or public
building, arch, bridge, chimey, dock, factory, garage, hangar,
hoarding, office, pier, shelter, shop, wall, warehouse, wharf,
workshop or other structure whatsoever;
"intimidation" means any intimidation whatsoever which amounts to
an offence under regulation 3 of the Criminal Intimidation
Ordinance;
"officer", in relation to a trade union or a trade union federation,
kas the meaning that it has for the purposes of the Trade Union
Registration Ordinanse;
"office-bearer", in relation to a society, has the meaning that
it has for the purposes of the Societies Ordinance;
"pluse" means any place whatsoever, whether or not the publie has
access thereto as of right;
r
+
"society" has the meaning that it has for the purposes of the
Societies Urdinance;
+
"trade union" has the meaning that it has for the purposes of the
No comments yet.
Private notes are available after approval.