THER/CAT A
CONFIDENTIAL
TOP CUPY
IMMEDIATE COMMONWEALTH OFFICE TO HONG KONG (D.T.D.)
TELEGRAM NO. 2055
6 OCTOBER, 1967 (HWB)
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CONFIDENTIAL.
OUR TELNO 2045: PUBLIC ORDER BILL.
CLAUSES 18 AND 19, AND ALSO CLAUSE 28, WOULD PERMIT A PERSON TO BE CONVICTED OF AN OFFENCE REGARDLESS OF WHETHER THAT PERSON HAD COMMITTED ANY IMPROPER ACT OR FORMED ANY IMPROPER INTENT AT MATERIAL TIME. THIS SEEMS TO US TO BE INDEFENSIBLE. WE THINK IT WOULD BE VERY UNWISE TO TAMPER WITH COMMON LAW RELATING TO UNLAWFUL ASSEMBLY AND
RIOT.
2. IN OUR VIEW YOUR PROBLEM COULD BE MET IF PROVISION WERE INCLUDED IN THE BILL AUTHORISING POLICE OFFICERS BY SUITABLE MEANS TO CALL UPON AN ASSEMBLY OR GATHERING AS DESCRIBED IN CLAUSE 18(1) TO DISPERSE AND MAKING FAILURE TO COMPLY AN OFFENCE PUNISHABLE WITH MODERATE FINE AND/OR IMPRISONMENT (COMPARE CLAUSES 11(2)(B) AND 12(1)).
3. IT FOLLOWS THAT EXISTING CLAUSES 18 AND 19 MUST BE DROPPED AND OF COURSE SOME CONSEQUENTIAL AMENDMENT OF CLAUSE 11 MAY BE DESIRABLE. 4. AS REGARDS CLAUSE 28 THE MOST WE THINK THAT YOU CAN DO IS TO STIFFEN UP PENALTY FOR UNLAWFUL ASSEMBLY WHERE THE COMMON PURPOSE IS
INTIMIDATION.
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10.6.67
SENT 2215Z 6 OCTOBER
REC ARCHI
CONFIDENTIAL 9 OCT1976]