CONFIDENTIAL
-4-
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.
L.. 166 and 167/67
E. (P) R. 1364, as amended, which extends the class of case in which a
District Court may impose a ten-year instead of a five-year maximum
sentence.
3
L.N. 108/67
Regulation 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 Station 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 a Regulation of this nature is liable to criticism . on the
ground that is is an unnecessary infringement of personal liberty, and
it is therefore just the sort of Regulation which
attracts a P.Q. The Police nevertheless maintain that this power is
useful in such cases as peaceful picketing, people distributing water in
the streets or gathering on hillsides and singing songs.
Graham Sneath
(G.R. Sneath)
Solicitor General
14th February, 1968.
CONFIDENTIAL
+ and offer as
CONFIDENTIAL
EXTRACTS FROM A METTING HELD AT GOVERNMENT HOUSE ON
23RD FEBRUARY, 1968 (CHM 8/68)
(195)
139. Review of Emergency
Legislation.
1. The recommendations of the S.G.'s
report dated 14th February, 1968 were agreed, with the exception of the
following paras. :-
2(d) E. (F) Rs 1194 and 119B were to be retained for the time being.
4(c) E (P) R. 27 was to be retained whilst an examination vas made into
which permanent legisla- tion it should be included.
(e) (P) R 113 should be included in the Public Order Ordinance.
4(f) Consideration should be given to providing a less severe form of E
(P) R 129 in permanent legislation.
5(g) E (P) R 88 should be reviewed with a view to giving Courts
discretion in permanent
legislation.
5(h) C.J. should be consulted as to including E (P) R 136A in permanent
legislation.
6 E (P) R96 was to be retained for the time being. C.P. should be
consulted as to the provision of a regulation providing less strong
sanctions.
2. H.D. asked for short progress
reports monthly.
Action A.G.
CONFIDENTIAL
G. F. 73C
0000733
CONFIDENTIAL
MEMO
From
legal Department
To
Colonial Secretar
Ref. (20) in
AGO 12/3/12/67
(Attn:
Defence Secretary)
Tel. No.
25265
Your Ref......
in.
Date
25th March, 1968.
dated
196
Review of Emergency legislation
Progress Report
mained)
T
am now forwarding the stencil of my Progress Report on
this subject as directed in the Minutes of the meeting held at
Government House on the 23rd February, reference GH/P/68 (2).
2.
I shall be grateful if in addition to the normal circulation
you would send additional copies to the Commisioner of Police and
Defence Secretary, drawing their attention to paragraph of the Report.
Graham Dueath.
(G.R. "neath)
Solicitor General
Encl:
CDs/mej:
CONFIDENTIAL
CONFTRAILIAL ENGISTRY
M.2428- DATE 1-4-68
INWARD LETTER
323
CONFIDENTIAL
REVIEW OF EMERGENCY LEGISLATION
PROGRESS REPORT
(..
As directed at the Government House meeting on the 23rd February, a
short Progress Report is now submitted. This Reports deals with
-
(a) action taken to
discontinue the operation of certain Emergency Regulations and Orders;
(b) a recommendation for publicity in respect of this action and the
review of Emergency Regulations generally; (c) the action taken to
prepare permanent legislation embodying certain Emergency Regulations
now in force; and (d) the views of the Honourable the Chief Justice on
the retention as permanent legislation of two existing Emergency
Regulations.
2.
The work that has been done to carry out the directions contained in
the Minutes of the meeting referred to above has not entailed
consultation with the other members of the Committee appointed to review
the Emergency Legislation. However, by copy of this memorandun the
Commissioner of Police and the Defence Secretary (as successor to the
Deputy Colonial Secretary (Special Duties)) are asked to consider
whether they would now concur in recommending that the following two
Regulations be now revoked but retained as Emergency (Principal)
Regulations not in force :-
3.
Emergency (Principal) Regulations 119A and 119B which create the
offences of being found on premises on which there are any arms,
offensive weapons etc. or on premises to which entry had been denied to
an authorised officer. (Please see paragraph 3 (d) of the Review of
Emergency Legislation submitted by this Committee in February.).
Draft Orders have been submitted to the Colonial Secretariat which will
effect the following changes :-
The power stations at North Point and Hok Yuen and the Hong Kong
Tramways Depot will cease to be closed areas;
Emergency (Principal) Regulation 92, which empowers the Governor to
require certain classes of premises to remain open or to remain closed,
ceases to be
in force;
-
Emergency (Principal) Regulations 107 and 127 are revoked these
Regulations provided powers for dealing with meetings and assemblies,
which powers are now to be found in the Public Order Ordinance.
CONFIDENTIAL
-/2...
CONFIDENTIAL
1
2 -
4.
It is recommended that careful and full publicity should be given now to
the fact that Government took the initiative in reviewing the Emergency
Legislation that had to be introduced at the time of the disturbances
last year, that the Governor has directed that this review be a
continuing process, and that as a first result certain regulations are
now no longer in force.
5.
This publicity could have its effect not only internally but also abroad
as evidence of this Government's genuine desire to bring to an end the
confrontation in Hong Kong. It would, of course, be far more effective
if Government could announce at the same time that Emergency (Frincipal)
Regulations 119A and 1198 have likewise ceased to be in force. (Flease
see the request to Commissioner of Police and Defence Secretary in
paragraph 2 shove.).
6.
The Schedule attached to this Report contains the drafting recommended
which will shortly be submitted to the Colonial Secretary for the
purpose of incorporating in permanent legislation certain other
Emergency Regulations as directed at the Government House meeting
referred to above.
7.
As directed the views of the Honourable the Chief Justice were
sought concerning the following two Reg.lations :-
(a) Emergency (Principal) Rerulations 88, which provides for holding
certain trials in camera and enables restrictions to be imposed by the
Court on the questions which may be put to witnesses ; and
(b) Emergency (Principal) Regulations 1364 which extended the criminal
jurisdiction of the District Court, enabling it to impose a ten-year
instead of a five-year maximum sentence in certain specific cases.
The Chief Justice has commented that he would see no objection to
Regulation 88 being made part of the permanent law. It should be noted
that it is the Court which decides whether to hold a trial in camera and
whether to impose restrictions on what questions may be asked of a
witness.
This is a
With regard to Regulation 136A the Chief Justice has expressed the view
that it is doubtful whether the reasons which led to the enactment of
this Regulation could be said to justify its maintenance in a permanent
form. reference to the need which existed last year to bring to trial
speedily those communists who had resorted to bomb planting and other
acts of violence. Chief Justice also considers that there should be
cogent reason for crossing the dividing line which was carefully drawn
between the jurisdictions of the
Finally, he observes that the extended District Court and the Supreme
Court.
The
jurisdiction relates both to the Emergency (Principal) Regulations and
also to
CONFIDENTIAL
-/3
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CONFIDENTIAL
- 3-
certain offences under the Explosive Substances Ordinance and the
Offences Against the Person Ordinance: with regard to the latter he
doubts if there is any justification for increasing permanently the
District Court's jurisdiction, and with regard to the offences under the
Emergency Regulations he concludes that if special provision for their
trial is required this should continue to be part and parcel of the
Emergency Legislation.
8.
During April I will consult with other members of the Committee to
see whether further recommendations should be made in respect of the
mergency Legislation still remaining.
Gialar Queath
29th March, 1968.
GRS/mej:
(G.R. Sneath)
Solicitor General
:
CONFIDENTIAL
1
CONFIDENTIAL
SCHEDULE
1.
* 2.
3.
4.
5.
Recommendations being made for replacing the
Emergency Legislation by permanent enactments
mergency (Courts) Regulations 1967, empowering the Courts to exclude the
public from the Courts and the buildings housing them, to be replaced by
provisions in the District Court Ordinance, the Criminal Procedure
Ordinance and agistrates' Ordinance.
Emergency (Closed Areas) Regulations 1967, under which places may be
declared to be closed areas and the Police empowered to enter and evict
persons therefrom, to be replaced by provisions either in the Protected
Places Ordinance or the Public Order Ordinance.
Emergency (Principal) Regulatio 27 creating the offence of publishing
and disseminating false reports likely to cause public alarm, to be
replaced by a provision in the Control of Fublications Ordinance.
Emergency (Principal) Regulation 1, empowering the Police to enter,
search and seize weapons, explosives and corrosive substances, to be
replaced by a provision in the Police Force Ordinance.
Emergency (Principal) Regulation 113, creating the offence of
obstructing any member of the Armed Forces or Police officers, engaged
in carrying out their duties, to be replaced by a provision in the
Public Order Ordinance.
6.
7.
* 8.
Emergency (Irincipal) Regulation 129 creating the offence of
interferring with any transport vehicle used for essential purposes, to
be replaced by a provision in the Public Order Ordinance.
Emergency (Public Health and Urban Services Ordinance) (Amendment)
Regulations 1967, which filled a lacuna in the law where a relative
claimed a dead body in a public mortuary but took no steps to secure its
burial, to be replaced by an amendment to the Frincipal Ordinance.
Emergency (Frincipal) Regulation 1190, creating the offence of being in
possession of a corrosive substance with reasonable excuse, to be
replaced by a provision either in the Dangerous Goods Ordinance or in
the Offences Against the Person Ordinance,
mergency (Amendment of Laristrates' Ordinance) Regulations 1967, which
extended the list of offences which may be transferred to the District
Court for trial instead of only to the Supreme Court, to be replaced by
amendment to the Principal Ordinance.
CONFIDENTIAL
دا
*
10.
CONFIDENTIAL
2
mergency (Frincipal) Regulation (8, which empowers a Court to order that
certain proceedings be held in camera and to impose
restrictions on the questions which may be put to a witness, to be
replaced by a provision in the Criminal Procedure Ordinance. (See
paragraph 7 of the feport.).
Note:
Consideration is still being given by the Law Draftsman as to which is
the proper Ordinance to amend.
CONFIDENTIAL
* .F. 73 B
0000732
CONFIDENTIAL
From
Colonial Secretariat
Ref. (197) CR.6/3231/59 III
Tel. No.
95302
Date
4th April, 1968.
MEMO
To
Commissioner of Police
Your Ref.
dated
in CID/CON/15/4
7th February, 1968.
Review of Emergency Legislation
I enclose copy of a further report from
the Solicitor-General and should be gratefub for your comments,
particularly in para.2.
BVW/WHI
(B.V.Williams)
for Defence Secretary
CONFIDENTIAL
4.
4/4/68
. 73 B 0000732
2
CONFIDENTIAL
From.........
Colonial Secretariat
MEMO
Ref. (59) in
SCR.3/3571/58
Tel. No.
95302
Date...
3rd April, 1968.
To
Hon A.G.
Your Ref. (12) in AGO/L.M.15/65 s S
dated
23rd March, 1968.
Emergency (Principal) Regulations
Since the substance of Regulations 50 and 51 has
now been re-enacted in sections 34 and 35 of the Public Order Ordinance,
do you
think there would be publicity value to be gained from revoking these
regulations at the same time as those recommended in your memo (19) in
AGO/2/3/1250/67 of 5.3.68.?
2.
To do this would presumably require replacement orders to be prepared by
you and signed by the Governor before the regulations were repealed.
BVW/VIW
c.c. CB.6/3231/59 III
CR.5/6/3231/59
(B.V. Williams) for Defence Secretary
CONFIDENTIAL
198
2600027 C.S.
SAVING DESPATCH SWINGRAM
From the Governor, Hong Kong
Commonwealth Affairs
To the Secretary of State for ha×2864%
Repeated to:-
Repeated to:-
Date........
ой
April, 1968.
My Reference...
GX 2/3011/46
Your Reference.....
No.
574
No.
No.
Mr. Creoch 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 position of the six months
period from 1st September 1967 to 29th February 1963.
2.
3.
(1)
(2)
(1)
Defence Regulations
No Defence Regulations were enacted or revoked during this period.
Enactments continued in force
By a resolution made and passed on 20th December 1967 (L.N. 205/67), the
Legislative Council extended the duration of the Defence Regulations
(Continuation) Ordinance (Chapter 309) for the term of one year with
effect from 1st January 1968.
Emergency Regulations
New Regulations enacted
During this period the following were enacted ·
-
(a) The Emergenov (Legal Aid in Criminal Cases) (District Court)
Regulations 1967 (L.N. 138/67) provide for the granting of legal aid in
criminal cases heard before the District Court in which penalties of up
to ten years imprisonment may be imposed.
(b)
(0)
The Emergency (Firework) Regulations 1967 (L.N. 143/67) enable
Government to withdraw into safe custody stocks of fireworks and
firecrackers in order that the explosive therein may not be available
for use in making boabs.
The Emergency (Amendment of Magistrates Ordinance) Regulations 1967
(L.N. 165/67) amended the Magistrates Ordinance so as to enable charges
for offences against section 3 of the Explosive Substances Ordinance
(Chapter 206) or section 28 or 29 of the Offences against the Person
Ordinance (Chapter 212) to be transferred to the District Court.
/(a).......
i
GR 2/3011/46
- 2 -
;
(a)
(e)
(f)
(2)
ལུ
(a)
(b)
The Emergency (General Holiday) Regulations 1967 (L.N. 180/67) appointed
Monday, 20th November 1967, as a general holiday, to be kept as such
only by banks licensed under the Banking Ordinance (Chapter 155). These
regulations were necessary as a result of the devaluation of Sterling.
The Emergency (Principal)(Amendment)(No. 3) Regulations
1967 (L.N. 141/67) and the Emergency (Principal)(Amendment)(No. 4)
Regulations 1967 (L.N. 166/67) amended the Emergency (Principal)
Regulations in the manner specified in sub-paragraph (2) (a) and (b)
below.
Two Emergency (Principal) Regulations (Commencement) Orders brought into
operation those regulations of the Emergency (Principal) Regulations
introduced by the amending Regulations referred to in sub-sub-paragraph
(e) above.
Amendments
The Emergency (Principal) Regulations were amended by the Emergency
(Principal) (Amendment) (No. 3) Regulations 1967 (L.N. 141/67) in the
following manner -
(i) regulation 119A was amended so as to make it an offence
to be found in premises in which simulated bombs are made or stored;
(ii)
a new regulation 119D was added to create a new offence of possession of
simulated bombs;
(iii) a new regulation 119 was added to provide a defence
for a person charged with an offence in connexion with a simulated bomb
found on private premises, if he can show that that object was not
intended for use as a simulated bomb;
(iv) regulation 2 was consequentially amended by the addition
of a new definition of "simulated bomb".
The new regulations 119D and 1195 were, by the Emergency (Principal)
Regulations (Commencement) (No. 5) Order 1967 (L.N. 142/67), brought
into operation on the day of their
enactment.
The Emergency (Principal) Regulations were further amended by the
Emergency (Principal) (Amendment) (No. 4) Regulations 1967 (L.N.
166/67). Regulation 88 was revoked and replaced by a new regulation so
as to extend the cases in which a court may order that criminal
proceedings before it be conducted in camera. Regulation 136A was also
revoked and replaced. The new regulation enables a District Court to
impose a sentence of imprisonment exceeding five years not only for
offences against the Regulations but also for offences against the
Explosive Substances Ordinance (Chapter 206) and sections 28, 29 and 30
of the Offences against the Person Ordinance (Chapter 212).
/The new.
į
GR 2/3011/46
3
3.
(c)
The new regulations 88 and 136A were, by the Emergency (Principal)
Regulations (Commencement) (No. 6) Order 1967 (L.N. 167/67), brought
into operation on the day of their
enactment.
By the Emergency (Committee of Review) (Amendment) Rules 1967 (L.N.
168/67), the Emergency (Committee of Review) Rules 1967 (L.N. 119/67)
were amended. New provisions were added to rule 3 which require the
notice, delivered under that rule, to a detained person to be
accompanied by such information relating to the detention of that person
as the Colonial Secretary may authorize.
Revocation
By the Emergency (Prevention of Intimidation) Regulations 1967
(Revocation) Order 1967 (L.N. 187/67), the Emergency (Prevention of
Intimidation) Regulations 1967 (L.N. 98/67) were revoked. The provisions
of these Regulations have been incorporated in the Public Order
Ordinance 1967.
c.c. CR 6/3231/59 III
P&W/ck
I
G. F. 738
From
Ref.(25)
Tel. No...
Date
0000732
CONFIDENTIAL
Commissioner of Police
CP/CON/95/51
in
234011 Ext.259
10th April, 1968
MEMO
Hon. Colonial Secretary
To
Your Ref 197
in CR.6/3231/59 III
dated
4.4.68.
Review of Emergency Legislation
I consider that E(P)R 119A and 119B may be revoked provided that they
are retained in the Emergency (Principal) Regulations and could be
reactivated if and when necessary.
c.c. CP/CON/95/32 CID/CON/15/4
D.S.B.
Circulation
CYST/jw
CONFINERTIAL REGISTRY
No2732 DATE..
-44/4/68)* INWARD TETTER
( C.Ý. (Z ĐÓ)
for Commissioner of Police
CONFIDENTIAL
EXTRACT FROM A MEETING HELD AT GOVERNMENT HOUSE ON
19TH APRIL, 1968.
(GHM 16/68)
319.
Review of Emergency Legislation (139/68)
R.
S.G.'s Progress Report dated 29th March, 1968 was considered
and the following agreed :-
(a) E(P)R 1194, 119B and 136.
should be revoked, but
2.
201
(b)
(c)
retained as Emergency (Principal) Regulations not in force.
E(P)R 88 be incorporated in permanent legislation.
The replacement of Emergency Legislation by permanent enactments on the
lines
recommended in the schedule.
H.E. directed that the publicity line should be that Emergency
Legislation was under constant review and that the changes did not
indicate any relaxation of
Government's vigilance. The draft press release was to be available for
Ex. Co. when the amendments are considered.
Action A.G.
/The new.....
|
G.F. 238
0000732
CONFIDENTIAL
From
Attorney General's Chambers.
Ref. (14) in
AGO L/M 15/65
C.
Tel. No.
96023
Date
25th April, 1968.
MEMO
To
Hon. Colonial Secretary. (for the attention of
Mr. B.V. Williams)
Your Ref. (59)
in
SCR.3/3571/58
dated
3.4.68.
Emergency (Principal) Regulations
I refer to your confidential memo dated 3rd April 1968 of the above
reference. If it is decided to repeal regulations 50 and 51 and to
operate under the Public Order Ordinance, then orders under the Public
Order Ordinance will be required.
2.
I send you herewith in duplicate draft of the two orders
required. These should be signed by the Governor concurrently with the
cancellation of the existing orders and regulations 50 and 51 thereafter
repealed.
JF/es.
c.c. CR.6/3231/59 III
J.F. Muky
(J.F. McKeon)
Law Draftsman,
CR.5/6/3231/CONFIDENTIAL
IDENTIAL REGISTRY No. 3049 DATE27.4.68
INWARD LETTER
*
し
PUBLIC ORDER ORDINANCE.
(Chapter 245).
Detention of Military Aircraft Order 1968.
WHEREAS I am satisfied that it is necessary in the interests of
public order to give this order:
NOW THEREFORE I, David Clive Crosbie Trench, Knight Commander of
the Most Distinguished Order of Saint Michael and Saint George, upon
whom has been conferred the Decoration of the Military Cross, Governor
and Commander in Chief of the Colony of Hong Kong and its Dependencies,
and Vice-Admiral of the same, in exercise of the powers conferred on
me by section 35 of the Public Order Ordinance hereby order that in the
event of any naval, military or air force aircraft belonging to the
Chinese People's Government or to the Government in Formosa landing
No comments yet.
Private notes are available after approval.