CONFIDENTIAL
50
HWB 1/34
SAVING DESPATCH
From the Secretary of State for Commonwealth Affairs,
To the Officer Administering the Government of HONG KONG
Date 27 June, 1968
No.406
47
Saving
Public Order Ordinance
Your Saving despatch No.712 of 14 May, 1968
Legal Advisers have now had an opportunity to consider the report made by the Committee of the Hong Kong Branch of Justice on the Public Order Ordinance 1967 in the light of the detailed and helpful comments forwarded by your Attorney-General in his letter of 16 February, 1968.
2. Subject to the comments which Legal Advisers have made on certain paragraphs of the report and which are set out below, Legal Advisers are in general agreement with the views of your Attorney-General:-
Paragraph 6 There would seem to be substance in the comments of Justice on the definition of "public meeting"; it may be doubtful whether the interpretation given by the Commissioner of Police is correct.
There would
Paragraph 7 To require a police officer to act on reasonable grounds does not mean it is suggested that he will be prevented from acting quickly and decisively. seem to be substance in the comments of Justice and we would ask you to give further consideration to their views on this section.
measure
Paragraph 9 We agree that it is necessary to have a of control over funerals, particularly as regards the route to be followed. It would not be practicable to require the organiser of a funeral to obtain a licence in the same way
It is for consideration as an organiser of public meetings. whether sections 11(2) and 12 of the Ordinance in fact give the right measure of control with respect to funerals.
The
comments under paragraph 7 apply equally to Justice's comments on section 11(2).
Paragraph 17 There seems to be substance in the point that a person who takes part in the promotion of a gathering before the notice of prohibition, but not after the notice, might come within the ambit of this section.
Paragraph 18 Would it not be preferable merely to refer to conduct in a "disorderly" manner.? The word "noisy" seems far too vague and might be. caused by cheerful spirits and not evil intent. "Intimidation" is covered, it is suggested, by the word "disorderly".
bry
Six months
no.
29.7.68.
CONFIDENTIAL
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LAST PAPER
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AKK
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/Paragraph 21