476 HONG KONG LEGISLATIVE COUNCIL 15th November 1967.
In a long and thoughtful article which appeared yesterday in a leading newspaper, the writer made the point that some sections could be interpreted in such a way as to bring within their ambit persons who ought not to be liable to prosecution under them. He cites, as examples, the likelihood that a newsvendor who sells a paper containing intimidat- ing matter may be offending against clause 28, and that a group of people, who threaten to punch someone's nose will offend against clause 28.
It is difficult to devise a form of words which will effectively prevent the really objectionable forms of conduct, at which a law is aimed, without at the same time theoretically covering also much less reprehen- sible behaviour. For example, it is, strictly, sedition for the newsvendor to sell a paper containing seditious matter; it is unlawful wounding, punishable by imprisonment for three years, to puncture a man with a pin so as to draw blood; it is an assault punishable by twelve months imprisonment to clap someone on the shoulder. In practice, prosecu- tions are not launched for technical breaches of this nature, and nor will they be with regard to offences under this Bill.
The same newspaper has expressed the hope that out of discussion on the Bill will come law which met reasonable contingencies and yet involved a minimum infringement of popular liberties. It is a problem as old as the law itself, to find the proper point of balance between citizen and state. This point, as the history of any country will show, changes from time to time. It is to be hoped that this Bill has found the right balance, taking into account, as must be done, our circum- stances at the present time. If these change, or experience of the working of the Bill discloses gaps, or provisions which prove unfair or oppressive, then the Government will be ready and willing to consider suitable amendment.
THE COLONIAL SECRETARY seconded.
The question was put and agreed to.
The Bill was read the Second time.
Council then went into Committee to consider the Bill clause by
clause.
HIS EXCELLENCY THE GOVERNOR :-With your concurrence, we will take the clauses in blocks of not less than ten.
Clauses 1 to 12 were agreed to.
Clause 13.
THE ATTORNEY GENERAL:-Sir, I move that clause 13 of the Bill be amended by deleting the words "in any public place" in sub-clause 2. Section 19 of the Summary Offences Ordinance which sub-clause 2 is