Ref. (225)in CR: 6/3231/59 iii
Tel. No.
Date
95302
To
Commissioner of Police
Att: Mr Sze-To
Your Ref (71) in CID/CON/15/4 (TS)
21st November 1968
dated
15th November 1968
Review of Emergency Legislation
I sincerely hope and believe that it will not be necessary for us to
have recourse to the Governor's Committee. I know you are fully aware of
the sensitive state of public opinion regarding Emergency Legislation,
and at this particular time it would be wise to avoid any contention
regarding Emergency Legislation dealing with simulated bombs and
inflammatory posters which might become a public issue.
2.
I think it would be a confession of defeat by our Committee if we were
to return to the Governor's Committee on this issue and I am in
agreement with the statement in paragraph 4 of the Solicitor General's
memorandum.
cc:Hon A.G.
TJB/ap
(T.J.Bedford)
for Defence Secretary
CONFIDENTIAL
ENCLOSURE NO(S) :(226)
REMOVED TO: TO:
229 (230)
6/3231/59
૨૨૯) (૭૨૮) ૨૨૨
(HAS (HAVE
BEEN
T
ON
11/12/68
ENCLOSURE NUMBER
Exco Float.
HAS BEEN REMOVED TO : COUNCILS DIVISION
AND IS NOW ENCLOSURE NUMBER :
IN FILE NUMBER :
COU CR 7/1136/63
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PROFORMA A
DRAFT
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1. (1) The Governor may by order authorize the use by Her Majesty's
naval, military or air force services, the Hong Kong Royal
Naval Reserve, the Hong Kong Regiment (The Volunteers) or the Hong Kong
Auxiliary Air Force of any area of land or water in the Colony as an
area in or into which practice firing of the weapons specified in the
order
may take place and may by such order specify
(a) the period of notice to be given before practice firing in or into
the firing area may take place on any occasion and
the person by whom such notice is to be given;
(b) the days on, and the times between, which practice firing in
or into the firing area may not take place;
(c) the warning to be given that practice firing is taking place
in or into the firing area; and
(a) any other conditions subject to which practice firing in or
into the firing area may take place.
(2) Where in the case of any fiting area the site from which
weapons will be fired into the firing area is not within the firing
area, the Governor may by the order under subsection (1) authorize
firing to take place over the land between such site and the firing
area, or not such land is occupied solely by the Crown and
notwithstanding
that such land, or any part thereof, is a public place.
whether
(3) The Governor may by order amend any order under subsection (1).
2. (1) Where warning is being given in accordance with the requirements
of an order under subsection (1) of section 1 that practice
firing is taking place in or into a firing area
(a) no person shall enter or remain in the firing area without
lawful authority or reasonable excuse;
(a) /
where
2
(b) where the firing area consists of or includes any area
of water in the Colony, no vessel shall be brought into, or permitted to
remain in, the firing area without lawful
authority or reasonable excuse;
(c) no aircraft shall be brought into, or permitted to remain in,
the firing area without lawful authority or reasonable excuse.
(2) Any person who contravenes paragraph (a) of subsection (1) shall be
guilty of an offence and shall be liable on summary conviction
to a fine of one thousand dollars and to imprisonment for six months.
(3) In the event of a contravention of paragraph (b) or (c) of
subsection (1), the person in charge of the vessel or aircraft shall be
guilty of an offence and shall be liable on summary conviction to a
fine of one thousand dollars and to imprisonment for six months.
3. (1) Any commissioned officer or non-commissioned officer of
Her Majesty's naval, military or air force services or of the Hong
Kong Royal Naval Reserve, the Hong Kong Regiment (The Volunteers) or
the Hong Kong Auxiliary Air Force on duty in or about any firing area
may
(a) remove from the firing area any person who he reasonably
suspects has entered the firing area, or is remaining
therein, in contravention of paragraph (a) of subsection (1)
of section 1 or any vessel that he reasonably suspects has
been brought into, or is being permitted to remain in, the
firing area in contravention of paragraph (b) of subsection (1)
of section 1;
(b) arrest any person who he reasonably suspects has so entered
or is so remaining in the firing area.
(2) Any person who is arrested under subsection (1) shall be
delivered into the custody of a police officer or taken to a police
/ station *****
1
F
3 -
station as soon as practicable and thereupon the Police Force Ordinance
shall apply.
4.
(1) If the death of any person is caused, or any person is
injured or suffers any loss or damage, by or as a result of practice
firing in or into a firing area, then, subject to subsections (2) and
(3), full compensation shall be paid by the Commander, British Forces,
where the practice firing was by Her Majesty's naval, military or air
force services and by the Government where the practice firing was by
the Hong Kong Royal Naval Reserve, the Hong Kong Regiment (The
Volunteers)
or the Hong Kong Auxiliary Air Force.
(2) Compensation shall not be payable under subsection (1)▼
(a) where a person is killed or injured or suffers loss or
damage while entering or remaining in a firing area in
contravention of paragraph (a) of subsection (1) of
section 2;
(b) for any damage to any vessel or aircraft brought into, or
permitted to remain in, a firing area in contravention of
paragraph (b) or (c) of subsection (1) of section 2 or for
any damage to anything in any such vessel or aircraft or for
any loss suffered as a result of any such damage.
(3) Compensation shall also not be payable under subsection (1) for
(a) any damage to any land in a firing area or anything kept
or growing on any such land;
(b)
any damage to any building or other structure on any such
land or anything in any such building or structure;
(c) any loss suffered as a result of any such damage or any
loss otherwise suffered in relation to the use or occupation
of any such land,
/ if the
3
1
if the land or building or structure is not lawfully occupied.
(4) Compensation shall not be payable under subsection (1) in
respect of the death of, or injury to, any member of Her Majesty's
naval, military or air force services or the Hong Kong Royal Naval
Reserve, the Hong Kong Regiment (The Volunteers) or the Hong Kong
Auxiliary Air Force who is killed or injured while on duty.
5.
(1) A claim for compensation under section 4 shall be made
within two months by giving to the Commander, British Forces, notice
in writing thereof.
J
(2) Where any dispute arises as to
(a) whether compensation is payable under section 4
(b) the amount of any such compensation, or
(c) the person to whom it is payable,
the dispute shall be referred to arbitration.
6.
(1) No person shall without lawful authority
(a) in any firing area, search for ammunition or take into his
possession, custody or control or in any way interfere with
any ammunition found in the firing area;
(b) remove from a firing area any ammunition found therein;
(c) have in his possession, custody or control any ammunition
found in a firing area.
(2) For the purposes of subsection (1), the word "ammunition"
includes any shot, shell, bomb, bullet, torpedo or other projectile,
whether or not the same is spent.
i
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تم
اگر
1/14/1962.
2
(1) Tum Serre:
By by order uthori the
aval, afliters
og adr forse wmfata, the
Favel ReaMIVO ↓
Dng Foyal
The Pa 2 hug Reginant (150 mainniheit) on the More Horst
Auydliary Air Force of ray area of lead or water by the Colore 39 AN
STER.
in or into which practice firing
TVS MARPOLIR spec fiel in the crder
may take place and may by such prior specify
(4)
the perind of ni loe to be given before practi
or into the firing area tay take place on ang pensaion and
the person by whom such notice as to be given:
(3) the day on, and the times betwxon, which practice firing fr
or into the firing area may not take place;
(c)
the warning to be given the practice firing 15 taking place
In or into the firing area, wid
(a) any other conditions subject to which prestice firing in be
into the fiving area ray take place. "
(2) Where in the case of any filing saya tle site from which
weapons will be fired into the fùing ares is not within the firing,
sre.,
the Governor my by the order under subazetion (1) authorize faring to
take place over the land between such site and the firing area, abether
or not such land is occupied solely by the Crown and notwithstanding
that such land, or any part thereof, is a public plser.
(3) The Governor say by order asend any owier under subarction (1).
2.
(1) Meze weining is being given in accordance with the
requirepente of an order under subsection (1) at rection ! that practica
firing is taking place in or into a firing ares
(u) ro pecaor shall en or retail in the firing area without
lenful a therity or rearcrable excuse;
/ (b)
(b)
where the firing ares consists of or includes any area
of water in the Colony, no vessel shall be brought into, or
jermitted to remain in, the firing ares without însfui
authority or rekaonable excuse;
(c) no aircraft, shall be brought inte, or permitted to repair in,
the firing area without lawful authority or reasonable excuse.
(2)
Any person who contravenes paragraph (a) of subsection (1) shall be
guilty of an offence and shall be liable on every conviction to a fine
of one thousand dollars and to imprisonment för så monthe.
(3)
In the event of a contravention of paragraph (b) or (c) of subsection
(1), the person in charge of the vessel or airraft shell be guilty of an
offence and shall be liable on surgery conviution to a
fine of one thousand dollars and to imprisonment for six portbe,
るの (1) Any oumissioned officer or non-coprisaloned officer of Her
Majesty's naval, military or air force anrvices or of the Hong Kong
Royal Naval Reserve, the Hong Kong Regiment (The Volunteers) or
the Hong Kong Auzillery Air Force on duty in or about any firing area
may
(a) remove from the firing area any person who he reasonably
suspecta has entered the firing area, or is remaining therein, in
contravention of paragraph (a) of subsection (1) of section 1 or any
vessel that he reasonably suspects has
bean brought into, or is being permitted to remain in, the firing area
in contravention of paragraph (b) of subsection (1)
of section 1;
(b) arrest any person who he reasonably suspects har so entared
or is so repairing in the firing area.
(2) Any person who la arrested under subsection (1) shall be
delivered into the custody of a police officer or taken to a police
/ station
}
station as soon as practicable and thereupon the Police Force Orduince
shall apply.
(1) If the death of any person is caused, or any person. da
injured or suffere avy loss or large, by or
is a result of practice
firing in or into a firing area, then, subject to subsections (2) mid
(3), fall compensation shall be paid by the Commander, British Forces,
where the practice firing was by Her Majesty'a næval, military or air
force services and by the Government where the practice firing ma by the
Hong Kong Hoyal Naval Reserve, the Hong Kong Regiment (The Volunteers)
or the Hong Kong Auxiliary Air Force.
(2) Compensation shall not be payable under subsection (1
(a) where a person is killed or injured or suffers loss or
Zamags while entering or zwamining in a firing arwa in
contravention of paragraph (s) of subsection (1) of
section 2;
(b) for any damage to any vessel or aircraft brought into, or
permitted to resgin in, a firing srea in contravention of
paragraph (b) or (c) of subsection (1) of section 2 or for
any damage to anything in any such vessal or aircraft or for
any loss suffered as a remilt of any such damage.
(3) Compensation shall also not be payable under subsection (1) for -
(a) any dawnge to wiy land in a firing area or anything kept
or growing on any such land;
(b) any damage to any building or other structure on any mach
land or anything in any such building or structure;
(c) any loss suffered as a result of any such damage or say
100s otherwise muff erod in relation to the
of any such land,
or occupation
/ if the .*****
b
if the land or building or structure is not lawfully occupied.
(4) Compensation shall not be payable under subsection (1) in
respect of the death of, or injury to, any member of Her Majesty'a
naval, military or air force services or the Hong Kong Royal Naval
Reserve, the Hong Kong Regiment (The Volunteers) or the Hong Kong
Auxiliary Air Force who is killed or injured while on duty.
5. (1) A claim for expensatim under section 4 shall be nads
within two months by giving to the Commander, British Forces, notice
in writing thereof.
(2) Where any dispute arises au to
(e) whether compensation is payable under section ↳
(b) the amount of any much compensation, or
(c) the person to whom it is payable,
the dispute shall be referred to arbitration.
6.
(1) No person shall without lawful authority
(a) in any firing area, search for ammunition or take into his
possession, sustody or control or in any way interfere with
any ammunition found in the firing area;
(b) remove from a firing area any ammunition found therein;
(0) have in his possession, custody or control any ammunition
found in a firing area.
(2) For the purposes of subsection (1), the word unition"
includes any shot, shell, tomb, bullet, torpedo or other projectile,
whether or not the same is specit.
مریکا
4
PART II
I
CONFIDENTIAL
1.
Emergency (Prohibited Publications) Regulations.
2. Emergency (Propaganda Prohibition) Order.
3.
Emergency (Prohibited Publications) Order.
4. Appointment of Competent Authority.
5.
Emergency (Possession and Use of Codes and Ciphers) Order.
6.
Emergency (Use of Wireless Transmitting Apparatus) Order.
7.
Wireless Receivers (Ships) Order.
8. Wireless Telegraphy and Radar (Foreign Ships) Order.
9. Wireless Telegraphy and Radar (Ships) Order.
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10.
Warrant of Authority to detain and produce to censor.
Emergency (Restriction on Despatch of Information) Order.
11.
12.
13.
Emergency (Newspaper Permits) Order.
Emergency (Printing or Publication of Specified Matter) Order.
14. Emergency (Prohibition of Wireless Apparatus) Order.
15. Emergency (Plying of Balloons and Kites) Order.
16.
17.
Emergency (Possession of Signalling Apparatus) Order.
Emergency (Restriction on Despatch of Postal Packets) Order.
PUBLIC
ORDER BILL
TELE CEARUNICATIONS ORDINANCE (CAP.106). CONTROL OF PUBLICATIONS
CENSOLIDATION GRDINANCE
(CAP 26.3.)
POST OFFICE ORDINANCE ((AP 95.)
CONFIDENTIAL
FICAT
1.
2.
3.
4.
5.
6.
7.
PART III
Emergency (Deportation) Regulations.
Emergency (Temporary Exclusion) Regulations.
Order for Detention (Individual).
Detention Order (Number of Persons).
Notice of Appointment of Committee of Review.
Detention Orders (Objections) Rules.
Order for Removal from one place of Detention to another.
Detainee Expulsion Order.
8.
9.
Detention Order.
10.
Residents Expulsion Order.
11.
Warrant directing transfer of a person in custody.
12.
Notice of Order of Dismissal or Suspension.
Emergency (Deportation and Detention) Regulations
Prisons Ordinance (Cap. 234).
Public Order Bill.
Arms and Ammunition Ordinance (Cap. 238).
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PART IV.
1.
CONFIDENTIAL
Emergency (Control of Ships and Aircraft) Regulations
2. Emergency (Control of Fuel and Lubricants to Ships) Regulations
3.
Public Order Ordinance
-
Control of Craft Order
4.
Emergency (Navigation)(Lighting of Vessels) Order
5. Directions in respect of Lights, Buoys, Beacons and other apparatus
6. Directions to owner or master of vessel
7.
Directions in respect of visitors to ships
8.
Directions in respect of entry/departure of ships
9.
Emergency (Supplies of fuel to ships) Order
10.
Order by the Competent Authority.
11. Emergency (Navigation) (Regulation of Movement) Order
Public Order Bill.
No comments yet.
Private notes are available after approval.