anywhere in the Colony, such aircraft shall be detained -
(a) in the case of the landing taking place at Hong Kong Airport,
by the Senior Civil Aviation Department Officer on duty at
the Airport;
(b) in the case of the landing taking place at any place in the
Colony other than Hong Kong Airport, the first gazetted
officer of the Hong Kong Police Force to arrive on the scene.
Dated
196
Governor.
PUBLIC ORDER ORDINANCE.
(Chapter 245).
Detention of Persons on Military Aircraft Order 1968.
WilEREAS an order has been given for the detention of certain
military aircraft in the event of their landing in the Colony:
AND 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 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
anywhere in the Colony, any of the persons on board such aircraft
shall be detained for so long as the detention of any such person may
be necessary to ensure the detention of such aircraft
-
(a) in the case of the landing taking place at Hong Kong
Airport, by the senior Civil Aviation Department Officer
on duty at the Airport;
(b)
in the case of the landing taking place at any place in the
Colony other than Hong Kong Airport, the first gazetted
officer of the Hong Kong Police Force to arrive on the scene,
Governor.
1968.
Dated
G.F. 73C 0000733
From
CONFIDENTIAL
Attorney General's Chambers
Ref. 28 in AGO. 12/3/1250/67
Tel. No.
Date
95265
26th April, 1968
MEMO
To
Defence Secretary
Commissioner of Police
Your Ref
in
dated
Review of Emergency Legislation
I do not think that a Progress Report for this month is called for from
my Committee as the most recent decisions are still being implemented.
However, I think the Committee should now consider what recommendation
to make with respect to four of the remaining Emergency Regulations. The
Defence Secretary may wish to take note that the Committee is giving its
attention to these four Regulations, which are
2.
(a) Emergency (Legal Aid in Criminal Cases) (District Court)
Regulations 1967 ;
(b) Emergency (Fireworks) Regulations 1967 ;
(c) Emergency (Principal) Regulation 119D (the offence of being in
possession of a simulated bomb);
(d) Emergency (Principal) Regulation 96 (imposing on members of the
public an obligation, with a criminal sanctim, to identify themselves
on demand to any Police officer or member of the Armed Forces),
(a) above is the obvious consequential repeal once the jurisdiction of
the District Court reverts to five years. The only point to note here is
that the very act of repealing this Regulation may give rise to renewed
demands for legal aid to be made available in all District Court
criminal
cases.
asmendment
b berin
3.
The Commissioner of Mines informed me in February that he would like to
review the situation with regard to the Fireworks Regulations at the
beginning of April, by when he expected that nearly all the compensation
due under the Regulations would have been paid. By copy of this
Memorandum I am requesting that he now inform the Committee
what stage has been
reached and whether these Regulations have now served their purpose
fully.
CONFIDENTIAL
-/2.
4.
2.
With regard to (c) (on page 1 of this Memorandum) I would like the
Police representative on the Committee to advise whether the Regulation
which was introduced to deal with simulated bombs is still required. One
point to bear in mind here is that a simulated bomb was defined in very
wide terms as being anything which if found in public might give rise to
the reasonable apprehension that it was a
bomb.
This was a test which made sense, and could be applied in the days when
any abandoned box or tin could and did give rise to such apprehensions.
If such simulated bombs are no longer prevalent it may be difficult to
justify the retention of a criminal regulation in such sweeping terms. I
would not, of course, advocate revocation as such, but rather an Order
which would have the effect of making this Regulation no longer in force
but available for re-introduction by a simple Order on the part of the
Governor.
5.
With regard to (d) (on page 1 of this Memorandum) the direction of the
Governor's Committee was that consideration should be given to seeing
whether the substance of this Regulation could be
I think retained in permanent legislation on a more acceptable basis.
this is a matter which can be profitably discussed by the Committee. I
shall be grateful, therefore, if the other two members can indicate when
it would suit them to meet for this purpose,
Gorlar Sweath.
(G.R. Sneath)
Solicitor General
c.c. Commissioner of Mines
GRS/mej:
FANFARENTIAL
REGISTRY
v13052
VATE 2.7-4-68
INWARD LETTER
G.F. 73C 0000733
CONFIDENTIAL
MEMO
Commissioner of Mines
To
From..
(138)
FIR/CON/ENG
Ref....
in.
846161
Tel. No.
2nd May 1968
Date
Honourable Attorney General
(28)
AGO. 12/3/1250/67
Your Ref
in
26th April 1968
dated
Review of Emergency Legislation
With reference to your paragraph 3, I have to advise that compensation
payable under the "mergency (Firework) Regulations hes still not been
fully paid out and it may yet be several months before payments are
complete and the Regulations can be said to have served their purpose
fully. In the circumstances I should like to review the situation
further in three months time.
2. Once the Emergency (Firework) Regulations have served their purpose
in relation to compensation requirements I do not consider they should
be revoked until action has been taken to delete or rendor inoperative
the proviso to regulation 10(5) of the Dangerous Goods (General)
Regulations CAP 295. I shall shortly be making proposals to the
Honourable Colonial Secretary in connection with future control over
explosives which, if accepted, will enable me to deal with the matter of
general amendments to the Dangerous Goods legislation.
Кан
(J. 4. Knapp)
for Commissioner of Mines
copies to ✓Defence Secretary
Commissioner of Polios
JHK RW
CONFIDENTIAL
CONFIDENTIAL
DAIE
3248.
4/5768. INWARD LE!
t
(204
!
G.F. 73C 0000793
From
Ref. (42) in
CONFIDENTIAL
Commissioner of Police
CID/CON/15/4 (T.S.)
234011 Ext.259
Tel. No.
Date
23rd May, 1968
MEMO
To Hon. Attorney General
Your Ref (28) in AGO. 12/3/1250/67
26.4.1968.
dated
Review of Emergency Legislations
Please refer to your above quoted memorandum to the Defence Secretary
and copied to me.
2.
I have no comments on para.l (a) thereof. As regards Para.1 (b), (c),
and (d) I consider the situation in the Colony continues to warrant
their retention either in their present form or as permanent legislation
on a more acceptable basis.
3.
I am ready to attend a meeting at your convenience.
FASCICNTIAL
REGISTRY
x3850 DATE 24.548
INWARD
LETTER
c.c. Defence Secretary -
CYST/jw
Commissioner of Mine s
D.S.B. (Ref. (40) in GEN 13/1702)
("C.Y EZE-TO)
for Commissioner of Police
CONFIDENTIAL
bos
ACE PRCII
" ID
143
J
1200.
24
T
448. Review of Emergency
Legislation
319/68
H.E. agreed that S.G.'s progress report could now be given quarterly.
Action .G.
Aosi
G.F. 73C 0000733
My
CONFIDENTIAL 6/3231/59
From
Attorney General's Chambers
Ref.
(34)
in
AGO 12/3/1250/67
Tel. No.
95265
Date
19th June, 1968.
(2
MEMO
Commissioner of Police
To
c.c.
Your Ref
dated
(Attn: Mr. C.Y. SZE-TO)
2.3
(Attn: M11PA)
Defence Secretary (Attn: 11) in CID/CON/15/4 (T.8.)
Review of Emergency Legislation
This memorandum is to record the result of our meeting this
morning. It was noted first that the new instruction of the Governor'
Committee is that we should report every three months. This means that
the next report should go in towards the end of July.
2.
It was noted that the Commissioner of Mines stated early in
May that he would wish to review the position about the Firework
Regulations in July.
3.
It was reported that simulated bombs and inflammatory posters
still make occasional appearances. The Regulations dealing with these
are therefore still required. It was also agreed that the Regulations
dealing with inflammatory speeches must remain in force for the time
being.
4.
Mr.
There was further discussion about Regulation 96, which imposes on
members of the public the obligation to identify themselves on demand to
Police officers or members of the Armed Forces, SZE-TO undertook to
ascertain whether it would be acceptable if this
If this is acceptable
power were limited to Inspector, and above,
it could go into the law in permanent form.,
5.
A number of Bills have been drafted for the purpose of transferring
Emergency Regulations to permanent legislation. I have asked the
Draftsman to press for the early introduction of those Bills which are
complete. The object of this is to show the public that the
consideration of the Emergency legislation is a continuing process, and
that our permanent legislation is being revised in order to provide the
necessary powers to meet disturbance situations.
GRS/moj:
Chulah Sneath.
(G.R. Sneath)
Solicitor General
CONFIDENTIAL
4706
1820:6:68
(AL_REGISTRY
INWARD LEFTER
!
G. F. 73C
0000733
From
Ref.
(53)
Tel. No.
Date
CONFIDENTIAL
Commissioner of Police
CID/CON/15/4 (TS)
MEMO
in
234011 Ext.259
24th June, 1968
To
I 41231159
Hon. A.G.
Your Ref(34)
in
AGO 12/3/1250/67
19.6.1968.
dated
Эг
Review of Emergency Legislation
I agree to E(P)R 96 being incorporated into some permanent legislation
though I am opposed to restricting the application of its power to
Inspector and above.
2.
There may be occasions when Inspectorate officers are not present. In
the circumstances everyone so stopped would have to be taken to a police
station or be detained until a police Inspector could be found. There
are already similar powers under Sec.54 of Cap. 232 and I can see no
objection against the present power under E(P)R 96. In fact as it stands
now it is more convenient for the public than it would be if restricted
as suggested.
3.
I am therefore of the opinion that if E(P)R 96 is to go into law in
permanent form it should do so as it stands at present.
(C.Y. SZRTP)
for Commissioner &T Police
c.c. Defence Secretary (Attn: Mr. B.V. Williams) -
Circulation
CYST/jw
CONFIDENTIAL
SUNDIDENTIAL
NO..
REGISTRY
4879
DATE 25/6/48
INWARD
G.F. 73C 0000733
From
CONFIDENTIAL
Attorney General's Chambers
Ref. (39) in AGC 12/3/1250/67
MEMO
To
Hon. Colonial Secretary
(Attn: Mr. B.V. Williams)
Tel. No.
95265
Date
28th August, 1968.
Your Ref
in
dated
Review of Emergency Legislation
I enclose herewith a draft report. This should have gone forward at the
end of July.
2.
3.
I have one or two comments.
(a) As you will see,
I express the hope that on the next review in three months' time it will
be possible to recommend that the Emergency (Prevention of Inflammatory
Speeches) Regulations and regulation 119D of the Emergency (Principal)
Regulations should cease to be in operation. I believe this to be the
case, and I hope that you will be able to agree that we should make this
forecast, which is not, of course, binding.
I am
particularly concerned about regulation 119D.
(b) I consider that regulation 96 of the Emergency (Principal)
Regulations is not suitable for inclusion in the permanent law.
This brings us face to face again with the question whether
it is to remain in force as an emergency regulation. I feel strongly
that it cannot and the draft report reflects my views.
The delay in submitting the report is entirely my responsibility and
I want it to go forward as soon as possible now.
I shall, therefore,
be very grateful for such urgent attention as you can give to the
matter.
•
Encl:
Commissioner of Police
(Mr. C.Y. SZE-TO)
Jo Mobley
(J.W.D. Hobley)
Acting Solicitor General
CONFIDENTIAL
CONFIDENTIAL
REGISTRY
46544
24/8/68 INWARD LETTER
1
CONFIDENTIAL
DRAFT
Review of Emergency Legislation
Progress Report
-
August 1968
In June, the Governor directed that the
Solicitor General's Committee should report once a
quarter.
Accordingly, a further report was due at
the end of July. I regret the delay in submitting
this report.
Progress on implementation of decisions already
taken.
2.
With respect to those items of emergency
legislation on which decisions have already been
taken, we record that the necessary action is
proceeding in all those cases where the decisions
have not already been implemented. Implementation
of a number of the outstanding decisions involves
amendment of the Public Order Ordinance. The
necessary legislation was well advanced, but a
recent examination of the matter has led to a
decision that it would not be wise to introduce
legislation to amend the Public Order Ordinance
for this purpose without concurrently introducing
at least some of the amendments which have been
proposed to meet the criticism levelled at the
Ordinance after its enactment in 1967. The
- 2 -
2. (contd)
intention now is to introduce, at the same time as
the amendments which are necessary in connection
with the review of emergency legislation, such of
the other amendments as are already agreed. The
necessary bill is now being prepared.
Emergency (Prevention
of Inflammatory Speeches)
Regulations.
Emergency (Prevention
of Inflammatory Posters)
Regulations.
Regulation 119D of Emergency (Principal) Regulatins.
3.
(a)
We recommend that
the Emergency (Prevention of Inflammatory
Speeches) Regulations ;
(b) the Emergency (Prevention of Inflammatory
Posters) Regulations; and
(c) regulation 119D of the Emergency (Principal)
Regulations (which deals with possession of
simulated bombs),
should remain in force for a further three months.
4.
We hope that towards the end of the year it
will be possible to recommend the revocation of the
Emergency (Prevention of Inflammatory Speeches)
Regulations, since the conduct at which these
Regulations are aimed is no longer prevalent prevalent
alternative, consideration might be given to the
As an
-/3.
- 3 -
mite
give lise to resouble
apprehensum As time goes it, this gets difficult to prove.
4. (contd)
addition to the Regulations of a provision enabling
the Governor to discontinue their operation in the
same way as he may discontinue the operation of
Emergency (Principal) Regulations under the new
regulation 137 (5). The Regulations could then
be brought into force again at very short notice if
necessary.
5.
ssary.]
We also hope that it will then he possible
to recommend that the operation of regulation 119D
of the Emergency (Principal) Regulations be discontinued.
This regulation was meaningful and necessary when it
was introduced, but it was necessarily cast in wide
terms. So much so that it cannot be allowed to
remain in force much longer in the absence of any
real problem posed by simulated bombs. It is a
prime example of the sort of loosely drafted law
which will be accepted in the face of an emergency 、
but which becomes a target for severe (and justified)
criticism once the situation which led to its
introduction has passed or ceased to be a substantial
threat.
-/4...
Emergency (Legal Aid in Criminal Cases) (District Court)
Regulations.
6.
Regulation 136A of the Emergency (Principal)
Regulations, which increased to ten years the maximum
sentence which might be imposed by the District Court
for certain offences, ceased to be in force on 24th
May, 1968.
Consequently, the Emergency (Legal Aid in
Criminal Cases) (District Court) Regulations, which
provided for the grant of legal aid where a person
was charged before the District Court with one of the
offences for which he was liable to imprisonment for
more than five years, ought now to be revoked as they
have ceased to have any effect.
Emergency (Firework) Regulations.
7.
We are advised that the payment of
S
compensation for firework of which possession was
taken under the Emergency (Firework) Regulations is
still proceeding. However, the Commissioner of Mines
has recently announced that he proposes to recommend
that further claims for compensation should not be
entertained after 31st December, 1968. Viewed from
this aspect, the Emergency (Firework) Regulations cannot
be revoked until all outstanding claims made before
that date are settled.
-/5.
- 5 -
8.
There is, however, another aspect.
It is by
virtue of regulation 7 (1) of the Emergency (Firework)
Regulations that the exemption under the Dangerous Goods
(General) Regulations, permitting the storage without
licence of up to 50 pounds of manufactured fireworks, is
temporarily suspended. The Government has recently
announced that the ban on the discharge of fireworks
will not be relaxed for the Lunar New Year in 1969.
shing then
Control of the discharge of fireworks is, of course,
of
Regulation 59 $7 the Dangerous Goods
exercised under section
(General) Regulations,
of the Summary Offences
Ordinance, a provision which is not affected by the
Emergency (Firework) Regulations, but if, as appears
No comments yet.
Private notes are available after approval.