190
Your Ref
(6)
In
denu Januar、, 196
1 th Jenuar.',
dated
vier jo 10lation
I am inclined to aɛre with your commento and recomandati ns on the
Incrgency to ulations caucted under :
•
7/67 on 2....67.
9/67 on 14.6.-7.
10/07 on 24.5.7.
.N. lui/u7 on 24.07.
i.. 17/7 on 14.7.07.
\7. 10/07 on 20.7. 7 aleupt
•
7. 109/7 on $1.7.7.
.ذر
CONFIDENTIAL
VTE.
2.
RECISTRY
549
2341/68
INYARD
LETTER
L.. 111/67 on 22.7. 7 except es, 11, 1198 ani
1190.
... 115/07 and 11/67 on 27.. 7.
L.l. 18/7 on .9.7.
.N. 11/7 and 12/67 on j.. 7.
6.N. 145/07 on 0.9.67.
1.1, 165/67 on 24.10. 7.
H. 166/67 on 167/67 on 24.10...7.
hell, 166/67 on 20.10.67. ...N. 100/67 on 19.11.67.
VF có rondetine on :
(a)
mrgone (ir v tion o. 1mlaor, u ocheu) KOLD Ju7 chootoo in 1.7 on 24..67
und Aner, oncy (Arv ation of Inflammatory soltura)
e. 10.7 Creted in... 6/67 on ..67. are that thoy should be retained for
u lon r prio na ausbruck of of. eos of tis nature is still considered to
be posible. It may bo bro ht us
Lor reconsideration at
↓
a later date alonų, vi h 40 p cumančhtions opsei 10.. in my nano (16) în
G/C/a/1 datud J.11.1967 (our ru. () AUG 79/12/07 C dated 1.1.1.0.) -
MIR.
10
21-
NIR
CONFIDENTIAL
3.
પં
(D)
(c)
(a)
cargo:ɖ (Frincipni) Grúer briting into ru that it should be Furiou as it
my to use
opp.{ue les nt) arco ipulation 90 retained for toner 1 in suci ocenuins
LG OCT ( in outurn on 19.1. 8.
It may tor cnsivered on a later date.
↓
ency. 119A and 1138 cu unsebud under LOK PLONE, (#ri:cipel) ( numcent)
koju. 1967 Unkel bere 111/-7 on 22.7.197 aru blot 0.00 sul bo r taikki
sor a loner period. They By her canal org it a puitalle tue after
tec.nc.usion o th. "#cut. "
morgeno, T. 119 ne unset: e un er burgenc (rincipal) (@randmont) Bug.
1967 under se 111/07 on 22.7.57 met at thy should be retained panding
craic rotin for untetzant in a purmanent legislation.
I on rudy to attonā ar rkky inrty disc..uuion at your covenienUSE
( C..
for Corniscion of iolico
c.c. Poputy Guleniul peer-tary (30) ▼
Vak. Blies : C./01/9//
c./c/50/51
Circu.otion.
CY /Ca
73C
0000793
CONFIDENTIAL
MEMO
To...
CR2/3231/59 (191
Commissioner of Police (Attn:
Mr. Szeto)
D.C.S. (SD) (Attn: Mr. Bray)
From Ref. (9)
Tel. No.
Date
Legal Department
in
AGO. 12/3/1250/67
95265,
2th Fel
-29th January, 1968
Your Ref..
dated
in..
)
A
Review of Emergency Legislation
I attach in rough draft the form of the first Report I suggest
the Committee submits to the C.S.
2.
You will notice that I have divided the Regulations into four
categories, by far the largest of which is for replacement by permanent
legislation. In this connection I would like to draw attention to
Emergency Regulation 119 C which created the offence of being in
possession of a corrosive substance. In my original proposals sent with
my Memorandum of the 12th January I expressed the view that this should
be revoked for the time being. I have come round however to the view
that
since the offence is committed only if a person has the acid without
reasonable excuse, it should properly form part of our permanent
legislation.
3.
The last of my four suggested categories contains only three items,
namely, Emergency Regulations 96, 119 A and 119 B.
In these cases I would like simply to put forward the Police view as to
why they should be retained for the time being and side by side the view
of the Special Duties Section of the Secretariat and my own view that it
would be proper to revoke them for the time being. If it is agreed that
we should submit the Report in this way the Police may wish to enlarge
on their views concerning these three Regulations, and I should be happy
to include any further reasons they may wish to advance.
Coralar Sneath.
(G.R. Sneath) Solicitor General
GRS/mej.
Encl:
*
CONCIVERTIS
7.7.3
DATE 3:2.68
INWARD
LETTER
CONFIDENTIAL
"
REVIEW OF EMERGENCY LEGISLATION
The Committee has considered all the Emergency Legislation
enacted in 1967 and has reached a substantial measure of agreement
on the proposals it makes in this its first Report on Review. It
is considered simplest to deal with the Regulations under four heads;
namely those where the Committee recommend revocation at this time;
those which should be replaced by permanent legislation; those which
should be retained for the time being; and those where the Committee
were not in agreement as to whether they should be retained or
revoked.
2.
When advising revocation the Committee does not necessarily
suggest that the particular Regulation should disappear from the
Statute Book. It may in fact be desirable to keep these Regulations
as part of the Emergency (Principal) Regulations (hereafter referred
to as E. (P) R.:) but without an Order bringing them into force,
In this way Government could indicate its intention of keeping to
hand the necessary powers which could be invoked the instant that
the threat which they were designed to meet arises once more.
very act of announcing publicly that such measures had been brought
into forse constitutes a positive step by Government which is of
itself of value when a crisis arises.
The
5%
190
7
J.ú.
Emergency Legislation To Be Revoked
3.
L.N. 100, 101, and 107/67
Orders to declare two power stations and the Hong Kong
Tramways Depot to be closed areas under the Emergency (Closed
Areas) Regulations 1967. (The enabling Regulations are to be
found in the second category in this Report).
-/2
•
4.
5.
L.N. 108/67
E. (P) R. 92. brought into force 20th July, 1967; gives
the Government power to order certain shops and businesses to
remain open or to remain closed.
L.N. 108/67
E. (P) R. 107 and 127 which give powers to disperse
assemblies and to prohibit public meetings. These should
in fact have been revoked upon the enactment of the Public
Order Ordinance which confers similar powers.
Replaced by Permanent Legislation
6.
L.N. 79/67
7.
8.
Emergency (Courts) Regulations 1967, empowering the
Courts to exclude the public from both the Courts themselves
and the buildings which house them.
L.N. 99/67
Emergency (Closed Areas) Regulations 1967 under which
the three orders recommended for revocation were made.
These Regulations go beyond the present permanent law in
empowering the Police to enter and to evict persons on
premises at the time when they are declared to be closed areas.
L.N. 108/67
E. (P) R. 27 which creates the offence of publishing and
disseminating false reports which are likely to cause public
alarm.
-/3
- 3-
* A
9. L.N. 108/67
E. (P) R. 41 which gives powers to the Police to enter,
search and seize weapons, explosives and corrosive substances.
10. L.N. 108/67
E. (P) R. 113 which creates the offence of obstructing any
member of the Armed Forces, as well as Police officers, who are
engaged in carrying out their duties,
11. L.N. 108/67
E. (P) R. 129 which creates the offence of interferring
with any transport vehicle used for essential purposes including
public transport.
12. L.N. 109/67
Emergency (Public Health and Urban Services Ordinance)
(Ameriment) Regulations 1967, which filled a lucuna in the law
where a relative claimed a dead body in a public mortuary but
then took no steps to secure burial.
13. L.N. 111/67
E. (P) R. 119 C which created the offence of being; in
possession of a corrosive substance without reasonable excuse,
14. L.N. 165/67.
Emergency (Amendment of Magistrates' Ordinance) Regulations
1967 which extended the list of offences which may be transferred
to the District Court instead of being triable only in the Suprema
Court.
To Be Retained For The Time Being
15. L.N. 80 and 83/67
Emergency (Prevention of Inflammatory Speeches) Regulations
1967 and Emergency (Prevention of Inflammatory Posters) Regulations
1967.
16. 1.N. 111/67
E. (P) R. 100A and 100B 1967 which give powers for the use
of force in connection with Emergency Regulations, and which also
prescribe the limit of the force to be used.
17. L.N. 118, 119 and 16€
Emergency (Committee of Review) Rules 1967, as amended.
18. L.N. 138/67
Emergency (Legal Aid in Criminal Cases) (District Court) 1967
of the District Court which
provide for Legal Aid in those cases where the jurisdiction/
was increased by Emergency Regulations.
19. L.N. 141 and 142/67.
E. (P) R. 1190 and 119E which created the offence of being
in possession of a simulated bomb.
19. L.N. 143/67
Emergency (Fireworks) Regulations 1967 which require to be
retained until the compensation provisions have been complied with
fully.
20. L.N. 166 and 167/67
E. (P) R. 88, as amended, which empowers a Court to order
that certain proceedings be held in camera.
-15
21. L.N. 166 and 167/67
- 5 -
E. (P) R. 1364, as amendedm which extends the class of case
in which a District Court may impose a ten-year instead of a 5-year
maximum sentence.
22. L.N. 108/67
Regulations on which agreement not reached
E. (P) R. 96 which imposes on the members of the public an
obligation, with a criminal sanction, to identify themselves on
demand to any Police officer or member of the Armed Forces.
The
Police view is that this should be retained as it may be useful
on the occasion of disturbances such as that which occurred at
¡
Western Police Stat on on the 19th of January. It is not
considered that this power is required on such an occasion, since
the persons present were clearly committing other offences and
this provided ground enough for arrest and investigation as to
their identity etc. This Regulation is really intended for
crisis conditions where disorders and unrest are so widespread
that any person is liable to be viewed with suspicion by the
Security Forces, and it becomes necessary for them therefore to
be able to establish identity. Except under these crisis
conditions & Regulation of this nature is liable to criticism
on the ground that it is an unnecessary infringement of personal
liberty, and it is therefore just the sort of Regulaton which
attracts a P.Q.
-/6
•
- 6-
23. L.N. 111/67
E. (P) Rs. 119A and 1198 which created the offences of
being found on premises in which there are any arms, offensive
weapons etc. or on premises to which entry had been denied to an
authorised officer. The Police view is that these Regulations
may be considered for revocation at a suitable time after the
conclusion of the amnesty period. The offences created by these
Regulations cast the net very wide, and in fact provide for guil
This was considered to be proper and necessary
by association.
where one had what amounted to communist armouries of weapons and
no innocent person could have been on the premises without being
aware of their existence.
Similarly, the other Regulation was
justified where one had fortified communist headquarters which were
prepared to withstand a siege by the Police.
2nd February, 1968.
(G.R. Sneath) Solicitor General
1
(192)
73C
Colonial Secretariat.
CR 6/3231/591II
95716
9th Februarym,1968
Solicitor General
(9)
AGO 12/3/1250/67
2nd February,1968
Review of Emergency Legislation
I agree with the draft enclosed with your memo AGO 12/3/1250/67 of 2nd
February, 1968, but should like to add a concluding paragraph on the
lines of the attached draft.
(D.C.Bray)
for Colonial Secretary
DCB:dc
c.c. Commissioner of Police (Atta. Mr. Szeto)
nho 1880
Oh.
Ou
G.F. 73C
0000799
From
Ref.
(31) in
Tel. No.
Date
CONFIDENTIAL
MEMO
193)
To
Legal Department
Commissioner of Police
CID/CON/15/4
234011 Ext.259
Your Ref(9)
7th February, 1968
dated
in AGO 12/3/1250/67
2nd February, 1968
Review of Emergency Legislation
I am of the opinion that it is too early to consider doing away with any
power which may materially assist the police in the execution of its
duties.
2.
The power confer on the police by E(P)R 96 can be most useful not only
in crisis conditions but also in such cases as peaceful picketing, or
people distributing water in the streets or people gathering on
hillsides in N.T. singing songs during picnics, etc.
3.
In regard to E(P)R 119A and 119B I now consider that they may be revoked
provided that they are retained in the Emergency (Principal) Regulations
and could be reactivated if and when necessary.
c.c. D.C.S.(S.D.)
C.P. Files :
D.S.B. Circulation
(Attn: Mr. Bray) CP/CON/95/32 CP/CON/95/51
(C.Y. SZK TO )
for Commission r of Police
CYST/jw
CONFIDENTIAL
113
.n.
G. F. 73C
0000733
CONFIDENTIAL
MEMO
From
Legal Department
To Hon. Colonial Secretary
Ref. (13) in
AGO. 12/3/1250/67
Tel. No.
95265
Your Ref..
in
Date
14th February, 1968
dated
Review of Emergency Legislation
H.E. directed that a Working Party be set up, with representation from
the Special Duties Section of the Secretariat and from the Police to
advise on the Emergency Legislation enacted in 1967. The first such
review has now been concluded and the Working Party's Report is
attached.
Graham Sneath.
(G.R. Sneath)
Solicitor General
On file
Encl:
GRS/mej.
FTIAL
できた姿
CONTRO
RECISIO
.....11.15
DATE.../2
1572/687.
WARD LETIE
+
CONFIDENTIAL
TRAWA
194
G.F. 323
CONFIDENTIAL
REVIEW OF EMERGENCY LEGISLATION
114
The Committee has considered all the Emergency Legislation enacted
in 1967 and has reached a substantial measure of agreement on the
proposals it makes in this its first Report on Review. It is considered
simplest to deal with the Regulations under three heads; namely those
where the Committee recommend revocation at this time; those which
should be replaced by permanent legislation;
and those which should be retained for the time being. The one
regulation on which the Committee is not in agreement will be dealt with
separately.
2.
When advising revocation the Committee does not necessarily suggest that
the particular Regulation should disappear from the Statute Book.
It may in fact be desirable to keep these Regulations as part of the
Emergency (Frincipal) Regulations (hereafter referred to as E. (P) R.),
but without an Order bringing
them into force. In this way Government could indicate its intention of
keeping to hand the necessary powers which could be invoked the instant
that there arose once more the threat which they were designed to meet.
The very act of announcing publicly that such measures had been brought
into force constitutes a positive step
by Government which is of itself of value when a crisis arises.
3.
Emergency Legislation To Be Revoked
(a) L.N. 100, 101, and 107/67
Orders to declare two power stations and the Hong Kong Tramsways Depot
to be closed areas under the Emergency (Closed Areas) Regulations
1967. (The enabling Regulations are to be found in the second category
in this Report).
(b) L.N. 108/67
E. (P) R. 92 brought into force 20th July, 1967; gives the Government
power to order certain shops and businesses to remain open or to remain
closed.
(c) L.N. 108/67
E. (P) R. 107 and 127 which give powers to disperse assemblies and to
prohibit public meetings.
These should in fact have been revoked upon the
enactment of the Public Order Ordinance which confers similar powers.
(d) L.. 111/67
E. (P) Rs. 119A and 119P which created the offences of being found on
premises in which there are any arms, offensive weapons etc. or on
premises to which entry had been denied to an authorised officer.
CONFIDENTIAL
-/2.....
G.F. 323
(a)
(b)
CONFIDENTIAL
2
L.N. 79/67
Replaced by Permanent Legislation
Emergency (Courts) Regulations 1967, empowering the Courts to exclude
the public from both the Courts themselves and the buildings which house
them.
L.. 99/67
Emergency (Closed Areas) Regulations 1967 under which the three orders
recommended for revocation were made. These Regulations go beyond the
present permanent law in empowering the Police to enter and to evict
persons on premises at the time when they are declared to be closed
areas.
(c)
L.N. 108/67
(d)
(e)
(f)
(g)
E. (P) R. 27 which creates the offence of publishing and disseminating
false reports which are likely to cause public alarm.
L.N. 108/67
E. (P) R. 41 which gives powers to the Police to enter, search and seize
weapons, explosives and corrosive substances.
L.N. 108/67
E. (P) R. 113 which creates the offence of obstructing any member of the
Armed Forces, as well as Police officers, who are engaged in carrying
out their duties.
L.M. 108/67
E. (P) R. 129 which creates the offence of interferring with any
transport vehicle used for essential purposes including public
transport.
L.N. 109/67
Emergency (Public Health and Urban Services Ordinance) (Amendment)
Regulations 1967, which filled a lucuna in the law where a relative
claimed a dead body in a public mortuary but then took no steps to
secure burial.
CONFIDENTIAL
-13
G.F. 373
CONFIDENTIAL
- 3-
5.
i,
(a)
(b)
3. (F) L. 1190 which created the offence of being in postuaL
a corrosive substance without reasonable excuse.
L.M. 165/67
Emergency (Amendment of Magistrates' Ordinance) Regulations 1967 which
extended the list of offences which may be transferred to the District
Court instead of being triable only in the Supreme Court.
L.N. 80 and 83/67
To Be Retained For The Time Peing
Emergency (Prevention of Inflammatory Speeches) Regulations 1967 and
Emergency (Prevention of Inflammatory Posters) Regulations 1967.
L.N. 111/67
E. (P) R. 100A and 100B 1967 which give powers for the use of force in
connection with Emergency Regulations, and which also prescribe the
limit of the force to be used.
(c)
(d)
(e)
(f)
L.N. 118, 119 and 168
Emergency (Committee of Review) Rules 1967, as amended.
L.N. 138/67
Emergency (Legal Aid in Criminal Cases) (District Court) 1967 which
provide for Legal Aid in those cases where the jurisdiction of the
District Court was increased by Emergency Regulations.
L.N. 141 and 142/67
E. (P) R. 119D and 119 which created the offence of being in possession
of a simulated bomb.
L.N. 143/67
Emergency (Fireworks) Regulations 1967 which require to be retained
until the compensation provisions have been complied with fully.
CONFIDENTIAL
-/4 •
G.F. 323
6.
(g)
(h)
No comments yet.
Private notes are available after approval.