2600027 C.S. 20 A
DESPATCH SAVIN GXRXATX
From the Governor, Hong Kong
Commonwealth Affairs
To the Secretary of State for thxobodes
Repeated to:-
Repeated to:-
ate......
My Reference...
CONFIDENTIAL
708
No.
No.
No.
P.8.
Your Reference..
DUPLICATE
Paragraph 8. The argument that in trials for offences against public order unrepresented persons received a less fair hearing than those represented by counsel was raised by the Hong Kong Branch of 'Justice' during the early part of the disturbances. In fact arrangements have now been made to offer free legal aid, but this has usually been refused by the Communists who regard all Hong Kong Courts as 'illegal'.
P.9.
Paragraph 9. There is some substance in this comment but there are obvious very great difficulties in producing sufficiently exact translations of bills. When important bills are published in the English language Gazette for public information, detailed Chinese language press releases are always made public simultaneously. These releases attempt to convey clearly and without bias the intention and effect of the bill should it be passed into law. I am looking again at the Chinese language publicity given to the Public Order Ordinance to see if any further detailed information needs to be issued in Chinese.
P.10.
Paragraph 10. There is no evidence whatsoever to support the Reform Club's statement that this ordinance does not represent public wishes. complaint made by the man in the street against the Hong Kong Government is that of The general too much restraint, and as already stated there is widespread support for this Ordinance as being essential in Hong Kong's circumstances.
P.ll.
APPENDIX 1
General Comment. The Bill does not follow the wording of any "emergency laws of previous African colonies". As with many laws in Hong Kong, several clauses are based on provisions to be found in the present laws of African territories. P.12.
Whether or not legislation appropriate to Kenya is also necessary or suitable for Hong Kong depends on the particular provision. No clause was included in the Bill because it was appropriate to Kenya, only because it was thought to be necessary here.
P.13.
Sources. The table of sources should be modified to give a true picture of original sources. Several clauses were taken directly from African sources, but the latter were in turn based on provision in English Acts or on common law. applies to six clauses taken from Kenya, eight from Nyasaland and one from Northern Rhodesia. Thus the Hong Kong/U.K. law share could properly be increased to 28 clauses.
*DIO HUWIMANOWIOD
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ICONFIDENTIAL