likely, the ban on the discharge of fireworks is to be
perpetual, it becomes necessary to review the need for
the continuance of the exemption under the Dangerous
Goods (General) Regulations in favour of small quantities
of manufactured fireworks.
9.
We recommend that this question receive early
attention so as to pave the way for the revocation of
the Emergency (Firework) Regulations as soon as all
outstanding claims for compensation are settled.
-/6 . .
j
Regulation 96 of
the Emergency (Principal)
Regulations.
10.
The difficult question with which we have been
faced is the future of regulation 96 of the Emergency
(Principal) Regulations, which imposes a duty to give
one's name and address, and produce papers by which one
can be identified, on the demand of any police officer
or member of the Armed Forces. In February, the
Governor directed that this regulation should remain in
force for the time being and that the Commissioner of
Police should be consulted as to the provision of
permanent legislation in acceptable form. As was the
case in February, the Committee has not been able to
reach agreement.
11.
The Commissioner of Police considers that the
situation in Hong Kong continues to be such as to warrant
the continuance in force of regulation 96 or the addition
to the permanent law of a comparable provision.
In
February, he urged that the power which the regulation
confers is useful not only in crisis conditions but also
in such cases as peaceful picketing and people distributing
water in the streets or gathering on hillsides singing
songs during picnics.
-/7.
12.
- 7
-
Regulation 96 is, of course, useful because
it operates in terrorem on members of the public, who
are anxious to avoid having their names and addresses
in Police records.
Consequently, the threat of taking
names and addresses may induce members of the public to
desist from perfectly lawful activities. It would, for
example, be most unfortunate if it were to be said that
the continuance in force of regulation 96 prevented workers
from taking lawful steps to improve conditions of employment
or from picketing in a lawful manner. On the other hand,
there is no objection to the conferring of power to require
names and addresses to be given where it can be shown that
it is really necessary to do so for the effective enforcement
of the law. Section 29 (1) of the Road Traffic Ordinance
affords a good example. A similar provision could be made
in other cases where effective enforcement of the law makes
it necessary to do so.
13.
In our report in February, we said that this
regulation is 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".
During
-/8.
we have not bee
able to find any
which Regalo
way
и
em be introduced
with the permanent law.
13. (contd)
our deliberations, the idea was canvassed that regulation
96 might be made part of the permanent law if the power
to require names and addresses to be given were limited
to police officers of the rank of inspector and above.
The Commissioner of Police maintains that this is not
practicable and it is doubtful in any event whether this
limitation would make the power any more acceptable as
part of the permanent law.
14.
Having regard to all the foregoing matters, I
consider that a power at all comparable to that conferred
by regulation 96 cannot be introduced into the permanent
law. I also consider that in the conditions now prevailing
in Hong Kong the continuance in force of this power by way
of emergency regulation cannot be justified. It can be
the means of oppression and is open to abuse.
G.F. 73C
From
Ref.
(59)
0000733
in
Tel. No.
Date
CONFIDENTIAL
Commissioner of Police
CID/CON/15/4 (TS)
234011 Ext.259
3rd September, 1968
MEMO
To
Hon. Colonial Secretary
(Attn: Mr. B.V. Williams)
Your Ref
in
dated
3.
Review of Emergency Legislation
Please refer to the Hon. A.G.'s memo (39) in AGC 12/3/1250/67
dated 28/8/68 copied to me.
2.
I have the following comments: -
(a)
(b)
(c)
(a)
(e)
Emergency (Prevention of Inflammatory Speeches) Regs. Emergency
Prevention of Inflammatory Posters) Regs.
I do not agree that the conduct at which these Regs. are aimed is no
longer prevalent. We are still having difficulties with posters
inflammatory and otherwise. Unless and until new legislations are made
to control posters, banners and writing of slogans on roadways etc.,
these regulations must be retained.
Regulation 119D of the Emergency (Principal) Regulations
which deals with possession of simulated bomb).
The Police are still coming across simulated bombs from time to time and
it is still too early to predict that they will not be coming back in
force. I do not recommend that these regulations should be revoked now.
Emergency (Legal Aid in Criminal Cases) (District Court) Reg.
I agree that these regulations should now be revoked.
Emergency (Firework) Regulations
I do not recommend any re-examination or relaxation on the ban on
storage of fireworks. Any relaxation may be used by trouble makers as a
loop-hole for obtaining explosives.
Regulation 96 of the Emergency (Principal) Regulations
I recommend that this Regulation should be retained in its present form
either in the Emergency (Principal) Regs. or in some other permanent
legislation, possibly the Police Force Ordinance. My views on this
matter were fully expressed in my memo (53) in CID/CON/15/4 (TS) dated
24/6/1968 address to the Hon. A.G. and copied to you.
I would like to point out that up to now public opinions on the se
regulations are that they are necessary weapons to combat a public
danger.
CONFIDENTIAL
...
2/-
FIDENTIAL REGISTRY
NO.66.67
TR..3
DATE.
2
The manner in which members of the public welcome the ban on fireworks
is a very good example. So far as the public are happy I do not see any
necessity for the hasty removal of legislations which has proved to be
so useful to the Police.
c.c. Hon. A.G.
(Attn: Mr. J.W.D. Hobley) Circulation
CYST/jw
(C.Y. SZE-TO )
for Commissioner of Police
2600027 C.S. 20A
SAVINGRAM
From the Governor, Hong Kong Commonwealth Affairs To the Secretary of
State for Me Contes
Repeated to:-
Repeated to
Date
4th Se: teaber, 1958.
My Reference CB 2/3011/46
Your Reference..
可
No.
1124
No.
No.
onviny
Mr. Crooch Jones' Circular Savingrm of 18th July 1946.
Mpeproner le islation
In accorlance with the request in the last paragraph of the under
roference, I report below the six months period from 1st March 1968 to
31st August 1968.
eneral position for the
2.
Dañonce Nulations
3.
(1)
ཊུལུ
(2)
lio Defence Rogilations were enacted or revoked during this period.
Baruncu Ramlatione
No new Bergency Regulations were enacted during this period.
Azeriments
By the Enor ency (Principal) (Amendment) Berulations 1968
(L.N.79/68), the aer oney (Principal) Regulations were amended by
inserting two new para,raphs in regulation 137 thereof to confer power
on the Governor to discontinue the operation of any regulation of these
Bagulations. Provision was also included to make it clear that an
offonce comitted under any regulation before its operation was dis-
contimed say be prosecuted notwithstanding such discontimaɑnce.
(3)
Dizosati,mance of Operation
By the ther ency (Principal) Regulations (Discontinuance) Order
1968 (L.N. 42/68), he operation of the regulations of the morgency
(Principal) Regulations specified in the Table hereto was discontinued.
TABLE.
Bazulation
92
119A
1193
136A
Bensal
Subject matter
Orders for the opening or closing of premises. Parsons frequenting or
found in preaises containing ams, offensive weapons, etc. to be guilty
of offence. Fersons found in premises to which authorized officer denied
access to be guilty of offence.
Modification of District Court Ordinance incressing Court's power of
sentence for cert in offences.
By the Emer ency Regulations (Repeal) Orier 1968 (L.H. 43/68),
regulations 107 and 127 of the Bergandy (Principal) Regulations (which
conferred power relating to the dispersal of mermblies and the
prohibition of meetings) were repealed, in consequence of the
incorporation of the substance of these regulations in the Public Order
Ordinance.
CC CR 6/3251159
сс
GAF. 735
0000732
CONFIDENTIAL
From
Ref. (44) in
Acting Solicitor General
AGC.12/3/1250/67S
MEMO
To
Hon. C. S. (for Mr. P. B. Williams)
Tel. No.
95265
Your Ref.
in
Date
6th September, 1968.
dated
Review of Emergency Legislation.
I enclose herewith a stencil of our report for the quarter ending in
July. I regret the delay.
2.
I shall be grateful if I may have two copies in due course and if you
will let the Commissioner of Police have such copies as he requires.
c. c. C.P. (CID/CON/15/4 (TS))
Jo Mobley
(J. W. D. Hobley) Acting Solicitor General
CONFIDENTIAL
2. (Painottal) Rorulations were amended by
0003230
G.F. 323
CONFIDENTIAL
MEMO
From: Colonial Secretariat.
To:
Distribution below.
Ref: (213) in CR 6/3231/59 III
Tel. No. 95474
Date: 12th September, 1968.
Review of Emergency Legislation.
progress report by the Acting Solicitor-General is attached. It is
proposed to consider this paper at Government House on Friday 20th
September, 1968.
Hum
(J.A. Harrison)
Secretary, Governor's Committee.
Distribution:
P.S. to H.E. the Governor.
M.A. to C.B.F. (2)
Hon.-U.S.
S.C.A
·AG.
S.G. (2)
D.C.N.T/
C. of L
D.S.
D. of E.
C.P.
D.S.B.
D.I.S./
Secretaries (2)
Encl.
3519
12.9.68
CONFIDENTIAL
7
323
CONFIDENTIAL
CONFIDENTIAL
}
Progress on implemen- tation of decisions already taken.
Emergency (Prevention of Inflamma-
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
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 decis: ons have not already been
implemented. Implementation of a number of the outstanding decisions
involves amendment of the Fublic Crder Crdinance. The necessary legis
lation 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 Crdinance after its enactment in
1967. The 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.
tory Speeches) Regulations. Emergency (Prevention of Inflamma- tory
Posters) Regulations. Regulation
119D of Omer-
3.
We recommend that
-
(a) the Emergency (Prevention of Inflammatory Speeches)
Regulations;
(b) the Emergency (Prevention of Inflammatory Posters)
Regulations; and
(c) regulation 1190 of the Emergency (Principal) Regulations
(which deals with possession of simulated bombs),
gency (Prin- should remain in force for a further three months. cipal)
Regulations.
4.
We would point out that regulation 1190 of the Emergency (Principal)
Regulations may soon cease to have any practical application, even if it
remains technically in force,
A "simulated bomb" is an object
which if found in a street or public place would be likely to give rise
to a reasonable apprehension that it might be a bomb or other explosive
device. In the face of a continuing absence of real bombs,
11 'simulated bombs" (as defined) will also cease to exist because it
will no longer be the case that an object found in a street or public
place would be likely to give rise to the belief that it might be a
bomb.
CONFIDENTIAL
ד
343
CONFIDENTIAL
Emergency (Legal Aid in Criminal
5.
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
Regulations. Cases) (District Court) Regulations, which provided for the
grant of
Cases) (District Court)
Energency (Firework) Regulations.
Rogulation 96 of the Emergency (Principal) Regulations.
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.
6.
We are advised that the payment or compensation for firework of which
possession was taken under the Emergency (Firework) Regulations is still
proceeding. However, the Comissioner of Mines has recently announced
that he proposes to recommend that further claims for compen- sation
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.
There is, however, another aspect. It is by virtue of regulation 7(1) of
the Energoncy (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. Control of the discharge of fireworks is, of course, exercised
under regulation 59 of the Dangerous Goods (General) Rogu- lations, a
provision which is not affected by the Emergency (Firework) Regulations,
but if, as appears likely, the ban on the discharge of fireworks is to
be perpetual, we propose that the exemption under the Dangerous Goods
(Gonoral) Regulations in favour of small quantities of manufactured
fireworks should be revoked, so that no firework whatever may be stored
without a licenco.
8.
We recommend that this question receive early attention so as to pave
the way for the rovocation of the Emorgency (Firework) Regulations as
soon as all outstanding claims for compensation are settled.
9.
The difficult question with which we have been faced is the future of
regulation 96 of the Emergency (Principal) Rogulations, which imposes a
duty to give one's name and address, and produce papers by which one can
be identified, on the demand of any police officer or membor of the
Armed Forces. In February, the Governor directed that this regulation
should remain in force for the time boing and that the Commissionor of
Police should be consulted as to the provision of pormanont logislation
in acceptable form.
CONFIDENTIAL
F. 323
10.
CONFIDENTIAL
3
-
The Commissioner of Police considers that the situation in
Hong Kong continues to be such as to warrant the continuance in force of
regulation 96 or the addition to the permanent law of a comparable
provision. In February, he urged that the power which the regulation
confers is useful not only in crisis conditions but also in such cases
as peaceful picketing and people distributing water in the streets or
gathering on hillsides singing songs during picnics.
11.
Regulation 96 is, of course, useful because it operates in terroran on
members of the public, who are anxious to avoid having their names and
addresses in Police records. Consequently, the threat of taking names
and addresses may induce members of the public to desist from perfectly
lawful activities. It would, for example, be most unfortunate if it were
to be said that the continuance in force of regulation 96 prevented
workers from taking lawful steps to improve conditions of employment or
from picketing in a lawful manner. Cn the other hand, there is no
objection to the conferring of power to require names and addresses to
be given where it can be shown that it is really necessary to do so for
the effective enforcement of the law. Section 29(1) of the Road Traffic
Crdinance affords a good example. A similar provision could be made in
other cases where effective enforcement of the law makes it necessary to
do so.
12.
The Commissioner of Police appreciates the objections referred to in
paragraph 11, but says that, as is the case with all emergency powers,
the power conferred by regulation 96 will be exercised with discretion.
He urges that there is a large measure of public support for the
continuance in force of emergency powers.
13.
My view, having regard to those objections and to the conditions now
prevailing in liong Kong, is that regulation 96 should not be continued
in force.
14.
9
We do not think that regulation 36 or any comparable power should be
introduced into the permanent law. In our report in February we said
that this regulation is intended "for crisis conditions where disorders
and wirest are so widespread that any person is liable to be viewed with
suspicion by the socurity forces", During our deliberations, the idea
was canvassed that regulation 96 might be made part of the permanent law
if the power to require names and addresses to be given were limited to
police officers of the rank of inspector and above. Commissioner of
Police maintains that this is not practicablo and it is doubtful in any
event whether this limitation would make the power any more acceptable
as part of the permanent law.
The
CONFIDENTIAL
EXTRACT FROM A MEETING HELD AT GOVERNMENT HOUSE ON
20TH SEPTEMBER, 1968, (GHM 38/68)
CONFIDENTIA I
654.
Review of Emergency Legislation (319/68
Confidential
H.E. deferred discussion on the S.G.'s Committee Progress Report until
27th September, but made the following comments :
(a) Fireworks. A licence should be
required for the holding of up to 50 lbs. Storage of amounts in excess
of this should be prohibited.
(b) E(P)R 96. The phraseology should be examined and the application o
the regulation to the Armed Forces lookrf inyo
(c) E(P)R 101. The phraseology shon
be examined.
Action S.G.
EXTRACT FROM AMEETING HELD AT GOVERNMENT HOUSE ON 27TH SEPTEMBER, 1968.
(GHM 39/68)
CONFT ENTIAL
•
$70. Review of Emeracy 1.
Legislation (654765)
Confidential
S.G.'s progress report was considered and the recommendations in
paragraphs 3, 5 and 7 of the port agreed.
H.E. directed that:
Regulation 133 A of L(P)R be revoked when other amendments were
published.
2.
(a)
(b)
The Dangerous Goods (General)
Regulation be amended to
:
(c)
require a licence for the
storage of any amount of
fireworks.
E(P)R 96 remains in force for
the present. S.G. should
⚫onsider with C.P. and H.Q.3.F. the provision of acceptable permanent
legislation.
A.G. pointed out that E(F)R 101 was not at present in forge and that
such powers as were necessary would be incorporated in the Public Order
Ordinance in due course,
Action S.G.
3.
CONFCON, LIAI
730 0000733
From
Ref. (46)
CONFIDENTIAL
Attorney General's Chambers
in
AGC 12/3/1250/67.
;
MEMO
216
To
Defence Secretary (2)
Tel. No.
95265
Your Ref
.in....
Date
30th September, 1968
dated
Review of Emergency Legislation
The Progress Report of our Committee dated August 1968 was considered by
the Governor's Committee last Friday. This means that the next Progress
Report will be due at the end of December.
2.
The recommendations contained in paragraphs 3 and 5 of the Report
were accepted.
3.
With regard to the Emergency (Firework) Regulations, the
Governor directed that there should be an amendment to the Dangerous
Goods (General) Regulations which did not go so far as to suggest
that the policy was that the ban on the discharge of fireworks is
to be perpetual. It was agreed that this could be achieved by
simply requiring every person to have a permit for the storage of
manufactured fireworks. This would entail the deletion of the proviso in
Regulation 10 (5) of these Regulations. The Defence
Secretary is requested to arrange for drafting instructions to b
issue accordingly,
4.
With regard to Emergency (Principal) Regulation 96, the consensus of the
Governor's Committee was that a regulation along these lines would be
required as part of Hong Kong's permanent
legislation. The C.B.F. took the point that this power was necessary
where troops were required to search a village in the N.T. for suspected
intruders from C.T. The problem which now faces our Committee is to put
up a recommendation for a form of permanent legislation which will be
acceptable. I think the Governor's Committee recognise that the
Regulation as it now stands would not
be acceptable,
7316
TENTIAL REGISTRY
•ATE 1107.68
YWARD
LETTER
CONFIDENTIAL
-/2..
2
5.
I outlined to the Governor's Committee a suggestion for legislation
which might be acceptable.
This can be
summarised as follows :
8.
(a) On the occasion of any incident an Inspector of Police
(andequivalent military rank) may order the taking of names and
addresses of any person or group of people ;
(b) where there is a more important or more widespread
incident a Divisional Superintendent of Police (and equivalent military
rank) may authorise the men under his command to take names and
addresses generally
within an area specified in his authorisation for a
limited period, say 24 hours;
and
(c) where there are widespread disturbances, or other
No comments yet.
Private notes are available after approval.