w/w) missen.
Cam Carsel
13.12.62.
you
D.
Ex. W
Az. D.C.S.
3/14
Date de
13. DEC. 2
115 Memorandum for Executive Council XCC(62)102. For discussion on
13.12.62.
M. 27
ICR
2.
action
then
Hon. C. S.
You wished to see the Schedules at (115)1 ard (115)2. Crown Counsel's
covering Meno is at (113).
I attach a copy of the "efence Regulations 1940 as you may not have
these ready to hena.
Thank you To
Als
17/13/1962.
117/12
Page.
116
EXTRACT OF EXECUTIVE COUNCIL MINUTES
NO 148
OF 1962
CR
BL. 21/12 pl.
išfız
117
Copy of m
memb
dtd. 14.12.62
from. D.Col to Legal. Dept NPA
118
Copy of
memo
did. 17.12.02 from Legal Dept.
to. C. P
NFA
(1) Letter of 18.12.62. from Headquarters British Forces.
Memo of 31/12/62 from Legal Department
T
120,
D.S.
M.98.
x with ADS
X
(114) from the A.G. referred.
The file has been taken up with
the revocation of redundant legislation and I must therefore apologize
for some delay in processing.
2.
It isn't really possible to summarize (114). Paras. 2 and 3 state the
gist of legal policy on this matter. We need to approve the implications
of para. 3 in particular which puts our "temporary wartime and emergency
legislation" into 3 categories and suggests the way in which each can be
handled.
3.
A.G. suggests:-
(a)
that of this legislation some has been shown to have a permanent
peacetime application and should there- fore be incorporated into the
permanent law.
I can find no possible objection to this and you will see that Davidson
has done much of the spade-work on this already. From (90) onwards you
will find re- cords of meetings Davidson/Dawson (Police HQ.)/A.D.S.
which together with queries to individual heads of departments both
assume this transfer of powers to the permanent law and clear the way
for putting the transfer into effect.
There were a number of provisions which we were doubtful of
incorporating into permanent law in- mediately because of the drafting
problem, but A.G. has now assured us in the 2nd. part of para. 4 that he
will have the necessary drafting done by 30th. June, 1963.
In view of the work already done I was doubtful of the value of
circularizing all departments as A.G. suggests in para. 4, but I think
now that this would be as well to avoid any loose ends. A draft circular
✰ floats.
0000820
G.F. 82
File No... CR
CR6 / 3231/59 I
Page
57
3.
40
(b) that all temporary and defence legislation which
We have
has been or will be rendered obsolete by permanent legislation should be
revoked. already (blest this policy with the revocation of (116) and I
assume that it may continue.
(c) that temporary wartime and defence legislation
which is not required to be in operation but which might be needed in an
emergency should be held in draft form ready to be enacted if full
emergency arises".
This is the most difficult point to be resolved. By the time we have
acted on (a) above there will be no essential emergency powers that I
can think of which are not covered by the Emergency (Principal)
Regulations of 1949. There are two points here:- (1) these regulations
can certainly be reduced. They are a hotch-potch cribbed mainly from
Palestine and Malaya at a time when there was a need for most urgent
legislation to cope with a lasting state of emergency. Thus they
duplicate pieces of legislation already in force under the 1940 Defence
Regulations, ((113)4 gives some idea of this duplicate cover). Certain
E. (P)R's. either are now covered or can be covered in permanent
legislation (see the comments pages 5 to 9 of (91)1).
(ii) there will always be a substantial mass of genuine emergency
legislation, which cannot be covered in substantive legislation. A.G.
argues that this should not be enacted but held in draft. He alleges
both practical and juridical grounds for this, the former in that draft
laws will make far easier amendment and revision and the latter in that
draft laws cannot possibly become the whipping-boy of the jurist. At the
moment it appears that we are fair game being the only Colony retaining
emergency legislation on the Statute Book with no emergency (Paras. 6,
7, 8, 9 refer).
A.G. proposes that we revert to the normal colonial pattern of emergency
legislation which prescribes that the Governor alone declares an
Emergency and goes on to make such regulations as he thinks necessary
under the 1939 Order-in-Council. But para. 10 (a) relates this only to
what A.G. calls "full-scale emergency". He goes on to suggest that our
Cap.241 should still be used to make regulations for a limited and
unforeseen emergency he quotes the recent immigration crisis.
His para.10 (c) on the "Atomic Emergency" does not need to be
considered at this stage.
Against this it can still be argued although with diminishing force,
that the show of emergency legislation on the Statute Book confort the
well-disposed and warn the ill-disposed (see para. 3(b), of (100)). That
was the view of the then A.G. in 1949.
5.
-
All in all there is little to object to in A.G's. proposals. He has
already shown himself willing to carry out the bulk of the detailed work
involved. Mr. Davidson has all the tidying operations well in hand. It
is merely a question of whether changed conditions in the Colony and the
more stable political climate justify a graceful deference to the legal
proprieties which I am sure will in no way weaken our preparedness for
an emergency.
ALS
A.D.S.
2/1/1963.
58
Page
M.99
Extract of Min 23 in CR 17/1476/59 III
2.
M.99
What is the position or state of progress regarding the Emergency
(Principal) Regulations?
KBB
31/12/62
12-1
Memo of 9.1.63. to Solicitor General.
b.w 25/1 for query to G.P
Memo of 11.1.63 to Office of the Commodore & H.Q.L.F.
(123) Kemo.
Kleus. If 22.1.63 from Solicitor General.
M.100
DCS.
AE
114
tie
AG.
made
Somme
m
Emergency legislation.
1
proposals about discussed
mito
5.4.
and
C.S.
and
sent
121
2.
I now
submit
The
Olaft
Sect. armilar
T23
floating, which
has
been
is
Samies
are
axymoved,
informed.
I wil
3.
7.99.
amended by SG.
Armed
woww propose to report by
all time
the
§
4 & 123
craft 5/8
when
receiver from
subrulting the Legal Dept.
Pr
M.101
Issuil
вы
Ян
24/1.
JDS
24+ Jan 63
7.102
ADS
Eu actin
M
Χ
At
7.100
וסו.
لسمه
KIV § + 8 (123)
وام
p?, for report
7.99.
Анг
BS 28 Jan 67
0000820 G.F. 82
File No.
CR 6/3.231 59 II
ᄑ
Page
59
124
Memo of 5.2 6.3 from Legal hept.
125 Memo of 4/2/63 to Chief of Staff, H.Q.L.F.
(125) Copy / Secretariat Tempory levantar HE 'L' 5 7 4.363
רגן
Meino of 6.2.63 from Gost Princes
128
hemo of 1.2,63
б
63 from
from Legal webr.
D.S.
M.103
(128) from Crown Counsel suggests the revocation of three Emergency
(Principal) Regulations which are covered beyond doubt by existing
permanent legislation. This follows para.3(b) of (114) from A.G. and
para.3 of our (121).
2.
3.
I think we should push these 3 revocations through because
(a) they will complete a stage
-
albeit the simplest -
of the overall revision of E.L.
(b) they will lend substance to the report to be made
at the end of this month to S. of S. (para.4 of (85)).
I have checked the points arising from C.C's comments on the three E.
(P) Rs. at para.3 of (128) and I can find no record of any use of E.(P)
R. 57. It is highly improbable that it would
have been so used.
May I ask Mr. Davidson to prepare a suitable cover ing X.Co. memo or
would you sooner I did it?
4.
Als
A.D.S. 11.2.63.
(Copy)
29 hetter of Feb. 63 from Bruit, Forces Secretarint HK.
120
$.4 15/2
Aiz
M.104
ADS.
Your
Paras
I don't agree.
I don't
ou
any
advantage
вер
don't think
" they're
Can
claim
aunch
Rud
cent
in
One
werking Reps weref
not under pressure fmm
tot Danison.
2.
$58 (128)
I have spukim
Xco decided recently that it wo be better to act under his
of anden rathew Koan broke it amake a new one. So no redlocation. D4)
12/2/0,
he
lie
permanent
595.
. سما
tive
Page.
bu
ADS
1
132) Mons & 12-2.63 from Attorney even with cult-Diculi
(131) Memo of 18.2.63 from Die of Education
3
Copy of themo & 19 2.63 from Legal wept to Dix
from Legal wept to Dis of Education
(133) Copy & thimo o 20.20.63 Rambagal Dept to Custodian of Enemy
koperty with at
(135
Copy of memo of 21.2.63 from Dis of Komarition to Legal Repr.
themo of 20.2.63 from Registions General. Kiv
136) Theme
Themo
26.263 from S.C.A.
25.2.63 from D.C.N.T.
138) Copy of themo o 23.2.63 from C.P. Attorney General.
121) Menno 6 2812-63 from D.P.W
Themo $128.263 from Commn of Prisons
Memo of 5.3.63. to Office of the Commodore.
(142) Memo of 5.3.63. to Government Printer
1443) Memo
Насто
7.3.63 from Your Printés
0000820
G.F. 82
D.S.:
File No.
M. 105.
... Page
draft.
M.100 refers. You wondered what had happened to A.G's. It is at (130)1
and I must apologize for not noticing it amid the welter of succeeding
papers.
2.
(a) The draft has been overtaken by the
decision at M.104 not to proceed with the revocation of redundant E. (P)
Rs.
(b) I am not sure that paragraph 3 (c) of A.G's. draft is a sensible
inclusion. I don't know that we shall need legislation specially
designed for atomic panic. See also paragraph 10 (c) of A.G's. 114- "all
you really need is a sort of martial law". revised form of the E. (P)
Rs. should,
in my opinion, be adequate.
(c) I have pencilled amendments and
deletions on the draft (130)1.
The
Appendix "A" : Summary table of present position re Emergency
Legislation (less E. (P) Rs.). This is all fair comment. I see no need
to change anything.
Appendix "B" :
Summary of present position re E.(P) Rs. I think it fair to
leave "To be revoked in the near future" against Regulations 21, 34 and
57 despite M.104. Your decision, as I see it, only ruled out going ahead
now with revocations.
No changes necessary
to this draft.
Appendix "C" : Other temporary legislation and Defence Regulations. This
summary is in order and no changes are necessary.
AIS
(130)2
3.
(130)2
4.
(130)2
4.
12.3
M.106
A. D. S.
8.3.63.
(5) in GR 2/3011/46
(128)
Hon. C.S. (via A.C. (C) and DCS)
At (95) we told the S. of S. what we were doing about cur emergency
legislation and said we hoped to have it cleared up by the end of 1962.
At para.3 of (99) we undertook to inform hir of progress which we are in
any case obliged to do at six-monthly intervals under a S. of S.
savingrax of 1946.
2.
At M.99 H.E. enquired on the state of progress, and at M.100 I proposed
to report to H.. by submitting the draft savingram which the A.G. had
promised. I now submit, with apologies for the delay, the draft at
(130)1. I have left it with the amendments I propose in pencil so that
you can see the changes. There are only two differences of any
substance. One is that we did not proceed with Crown Counsel's suggested
revocation of three Emergency (Principal) Regulations already covered by
the permanent law. I thought it was a waste of time when the whole lot
are to be revoked later this year and we can claim no great credit for
revoking emergency powers when we've previously incorporated them in
permanent law. Mr. Davidson accepted
this.
.../over
F
Page
62
§ 10(c) of
(114)
3.
The other difference is that I thought it premature to commit ourselves
to regulations for the atomic emergency', when we have agreed that this
should be deferred until we've completed the present exercise.
4.
changes.
5.
I have spoken to the A.G. and he has accepted both these
On the revocation and replacement, either in permanent law or in draft
regulations, of the powers conferred by the Emergency (Principal) Regs.
and still required, either in normal times or in emergency, we have, as
you know, issued the 3.1.0. at (126). We have also put the Jervices in
the picture, (()). Action is proceeding.
Y.E.
Dt. 70 2.3.63.
M.107.
We are required to report from time to time to the S. of S. on
winding-up our emergency legislation. There has been a good deal of
activity on this lately and Y.E. enquired at M.99 about progress. This
is reported in the draft savingram at (130)1.
C.S. 13.3.63.
Насто
You
than held this wh 450
Костро
the
Iin
comesfind mcc.
Lakme witn
the lives of the draki Sqram o
130
18/in 163
Jr.
18/3
14
148
Du 8/4
AIS
0000820 G.F. 82
CR
File No.
6/3231/59
63.
Page
hes. 588 dated 22.3.63 to
avingrom
898.✓
s
Copy of Memo of 21.3.63 from C.P. To dom A.G
140 Mems of 25 3.63 from logal Dept. with att.
themo of 26 3.63 from your Pinter
As
25/3
See M, 103.
148 hetter of 28.3 63 from Commodore in Charge H.K.
✓
11tems of 28.3.63 from Legal Deper.
Removed to Bi
-2/4521/7/6
160
Copy
1
122)
of themo of 28.3.63 kom Dir of Marme to legend Def
memo of 27.3.63 from Legal Dept.
Copy of memo of 27 3 63 from Legal Depr. 6. Wir masine o C.P.
15: memo of 29.3.63 Law Dis of Immigration
54 Memo of 1.4.63. to Commodore-in Charge, Hong Kong.
Page
شتا
153
themo of 3.4.63 from Comm. £.S.C.
D.S:
M. 108.
WIA
NEBA AUS
Please see (146) from Mr. Davidson in which he recommends that the
Emergency (Arms and Ammunition Ordinance) (Amendment) Regulations, 1952
be revoked without replacement. This suggestion has been in the offing
for some time and has been under detailed con- sideration by C.P. At
para. (2) of (145), C.P. recommends the revocation.
2. There can be no question that the penalties for the carriage or
improper use of arms, explosives etc., em- bodied in the permanent law
are adequate. Mr. Davidson details them in para. 4 of (146) Cap. 212,
206 and 238 refer.
3. If you approve in principle I will draft a suitably short Ex Co. Memo
to cover (146)1.
ABS.
A.D.S.
16.4.63.
M.109
ADS.
Agree.
Can we say
what
li-
bine. 1952.
appears from the explanatory
The post war
note that
'troubles'?
凶
the mugin &
17 Apr 63
пар
thes
provisin
Regs.
thes for back
D.S
M.110
floats.
A draft XCo memo
Ais
1914
ADS
1156) Copy of themo of 18.4.63 Shan CP. to Attorney Gen.
DCS (ria Hon. AG)
M.lli
146
for Xco
!..
and
M.108.
I submit
a
dajis memo
Ba
1DS
20 Aquê 63
*
CR.
0000820
G.F. 82
File No.
ск
CR 6/3231/69 I
11
themo of 18.
나
603
hom
negal
Memo of 19.4.63. from C.P.
what about/Mill
No comments yet.
Private notes are available after approval.