EMERGENCY REGULATIONS ORDINANCE

EMERGENCY REGULATIONS ORDINANCE

LAWS OF HONG KONG

EMERGENCY REGULATIONS ORDINANCE

CHAPTER 241





CHAPTER 241.

EMERGENCY REGULATIONS.

To confer on the Governor in Council power to make regulations on
occasions of emergency or public danger.

[28th February, 1922.]

1. This Ordinance may be cited as the Emergency Regulations
Ordinance.

2. (1) On any occasion which the Governor in Council may consider
to be an occasion of emergency or public danger he may make any
regulations whatsoever which he may consider desirable in the public
interest.

(2) Without prejudice to the generality of the provisions of
subsection (1), such regulations may provide for- (Amended, 5 of 1924,
s. 9, and 8 of 1949, s. 2)

(a)censorship, and the control and suppression of publications,
writings, maps, plans, photographs, communications and
means of communication;

(b) arrest, detention, exclusion and deportation;

(c)control of the harbours, ports and territorial waters of the
Colony, and the movements of vessels;

(d)transportation by land, air or water, and the control of the
transport of persons and things.,

(e)trading, exportation, importation, production and manufacture;

appropriation, control, forfeiture and disposition of property,
and of the use thereof;

(g)amending any enactment,suspending the operation of any
enactment and applying any enactment with or without
modification; (Replaced, 8 of 1949, s. 2)

(h)authorizing the entry and search of premises; (Replaced, 8 of
1949, s. 2)

(i)empowering such authorities or persons as may be specified
in the regulations to make orders and rules and to make or
issue notices, licences, permits, certificates or other
documents for the. purposes of the regulations; (Replaced, 8
of 1949, s. 2)

(1)charging, in respect of the grant or issue of any licence,
permit, certificate or other document for the purposes of the
regulations such fees as may be prescribed by the
regulations; (Added, 8 of 1949, s. 2)





(k)the taking of possession or control on behalf of the
Governor of any property or undertaking; (Added, 8 of
1949, s. 2)

requiring persons to do work or render services; (Added,
8 of 1949, s. 2)

(m)payment of compensation and remuneration to persons
affected by the regulations and the determination of such
compensation; and (Added, 8 of 1949, s. 2)

(n)the apprehension trial and punishment of persons offend-
ing against the regulations or against any law in force in
the Colony, (Added, 8 of 1949, s. 2. Amended, 40 of
1949, s. 2)

and may contain such incidental and supplementary provisions as
appear to the Governor to be necessary or expedient for the
purposes of the regulations. (Added, 8 of 1949, s. 2)

(3) Any regulations made under the provisions of this section
shall continue in force until repealed by order of the Governor in
Council.

(4) A regulation or any order or rule made in pursuance of
such a regulation shall have effect notwithstanding anything incon-
sistent therewith contained in any enactment; and any provision of
an enactment which may be inconsistent with any regulation or any
such order or rule shall, whether that provision shall or shall not
have been amended, suspended or modified in its operation under
subsection (2), to the extent of such inconsistency have no effect so
long as such regulation. order or rule shall remain in force.
(Added, 8 of 1949, s. 2)

(5) Every document purporting to be an instrument made or
issued by the Governor or other authority or person in pursuance
of this Ordinance or of any regulation made hereunder and to be
signed by or on behalf of the Governor or such other authority or
person, shall be received in evidence, and shall, until the contrary
is proved, be deemed to be an instrument. made or issued by the
Governor or that authority or person. (Added, 8 of 1949, s. 2)

3. (1) Without prejudice to the powers conferred by section
2, regulations made hereunder may provide for the punishment of
any offence (whether such offence is a contravention of the regula-
tions or an offence under any law applicable to the Colony) with
such penalties and sanctions (including the penalty of death), and
may contain such provisions in relation to forfeiture, disposal and
retention of any article connected in any way with such offence and
as to revocation or cancellation of any licence, permit, pass or
authority issued under the regulations or under any other enact-
ment as to the Governor in Council may appear to be necessary
or expedient to secure the enforcement of any regulation or law or
to be otherwise in the public interest.





(2) Any person who contravenes any regulation made under
this Ordinance shall, where no other penalty or punishment is
provided by such regulations, be liable on summary conviction to
a fine of five thousand dollars and to imprisonment for two years.

(3) Notwithstanding the provisions of subsection (1) if any
regulation made under this Ordinance provides either-

(a)that a contravention of such regulation shall be punished
with death; or

(b)that, an offence, not punishable with death under the
law in force immediately prior to the making of such
regulation, shall be punishable with death, or uses words
to a similar effect,

such provision shall be subject to the approval of Legislative
Council and if approved shall come into operation on such date
as may be specified by resolution of Legislative Council.
(Replaced, 40 of 1949, s. 3)

4. For the purpose of removing doubts it is hereby declared
that the words in subsection (1) of section 2 'he may make any
regulations whatsoever which he may consider desirable in the
public interest- shall be deemed always to have included power to
make such regulations as are mentioned in paragraph (g) of sub-
section (2) of section 2 and it is further declared that the provisions
of subsection (4) of section 2 shall be deemed always to have been
incorporated herein.
(40 of 1949, s. 4, incorporated)
Originally 5 of 1922. (Cap. 241, 1950.) 5 of 1924. 10 of 1925. 8 of 1949. 40 of 1949. Short title. Power to make regulations. Penalties. Declaratory provision as to effect of an amending Ordinance.

Originally 5 of 1922. (Cap. 241, 1950.) 5 of 1924. 10 of 1925. 8 of 1949. 40 of 1949. Short title. Power to make regulations. Penalties. Declaratory provision as to effect of an amending Ordinance.

https://oelawhk.lib.hku.hk/items/show/2951

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