26/6/1
REPORT
by the Committee of the Hong Kong Branch of JUSTICE
on
The Public Order Ordinance, 1967
In general we are of opinion that the Ordinance confere
upon the Executive wider powers than those which are reasonably
required to deal even with the sort of emergency which is in
contemplation. It will doubtless be said that although the powers conferred are very wide the Government will always act with
moderation and the powers will be exercised fairly and reasonably.
If that is the intention then there seems to be no necessity to
confer the powers in such wide terms in the first instance. We
would respectfully adopt the words of Lord Wilberforce in a case
where a Government sought to persuade the House of Lords of its
moderation by disclaiming any intention to exercise in a particular
way a right claimed to be unlimated in scope (1965 All E.R. 475):
"I hope I may be forgiven for looking with a little reserve
on self-imposed limitations or concessions of this kind".
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However, as stated in our letter of 11th November 1967
to the Press on this subject, in which we replied to Mrs. Elsie
Elliott's appeal that someone should investigate the provisions
of the Bill, we recognise that the events of recent months have
indicated the need for strengthening the hands of the Police in
dealing with lawless elements and we have borne that need constantly
in mind in our deliberations.
3. At various places in our Report we have referred to
reading of the Ordina no
the creation of offences which on a literal
do not require mens rea. This is always a difficult (as well as
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1.