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General Comment.

APPENDIX I

PUBLIC ORDER BILL 1967

The Reform Club welcomes action by Government to better the laws of Hong Kong for the greater safety of the people, but regrets that the Public Order Bill 1967 is a hybrid piece of proposed legislation that will not have the intended result. If enacted this bill will catch many small fishes in its nets whilst leaving gaping holes through which the big fish can escape. The wordings of the Bill largely follows emergency laws of previous African Colonies, it embodies some Emergency Regulations recently enforced in Hong Kong which the Governor stated would be repealed as soon as possible, and it makes every peace-loving resident of Hong Kong a potential criminal. The Bill does not seem to have been translated into Chinese; this is possibly fortunate at this stage in view of the proposed contents. But the Reform Club repeats that it urges Chinese to be made an official language. The situation in Hong Kong is in no way comparable to that in Kenya before Independence, and the Reform Club does not consider legislation appropriate to Kenya either necessary or suitable for Hong Kong.

Sources of the Bill.

Hong Kong/ U.K. Law

Hong Kong Emergency Regs.

Kenya Law

Nyasaland Law

N. Rhodesia Law (now Zambia)

S. Rhodesia

New

Unspecified

Interpretation

13

clauses

13

clauses

لسلام السلام

17

clauses

10

clauses

1

clause

1

clause

6

clauses

6

clauses

The definitions explain "public gathering", "public meeting" "public place" and "public procession", but do not say what is a "public body" (exempt from the restrictions on meetings) or what is "religious body". These omissions constitute big loopholes for the clever and influential offender.

Conversely an "offensive weapon" is defined as anything suitable for causing injury. Since anyone with such an article on him in a public place is open to question and most clothing can be used for strangling especially stockings, every citizen would possible be suspected!

A public meeting is any gathering held for any purpose in any public place including a restaurant. Do not have a tea party of three or more without a Police permit (penalty 12 months imprisonment). Even if your friends argue amongst themselves you may be an unlawful assembly(five years for that) and one prod with a tea spoon may make your party a riot, one that you may have to remember for the next ten years in jail. In other words, for influential people that can afford a lawyer, this bill does not constitute a menace because a lawyer can pick holes in it almost all the way through, but many morally innocent persons, stand in unprecedented jeopardy if it becomes law, if brought before a Magistrate or District Court Judge, undefended.

A " Society" is anything from the Hong Kong and Shanghai Banking Corporation to the local football club or welfare organisation. It even includes the Reform Club. Should there be any breach of the peace at any meeting of your Society, however minor the breach, you will become involved in a riot and everyone so involved must expect to have to prove his innocence, which is against the fundamental principles of British Justice in all but times of emergency. The Reform Club has no objection to Emergency

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