1
2.
The local branch of Justico suggests that this is evidence of "eithor com-
pleto irresponsibility [by the Government] or a doliborato attempt to stiflo
offootivo expression of the views of the public." Dut rithout sono indication
of the usual length of debate, the normal length of time between publication and
enactment and any reasons for any urconcy (such as the local emergency) stated
by the Government, it is difficult on the evidence supplied to support this view,
Whilst adnitting tho spocial responsibility of a non-oloctivo legislature to take
account of public opinion otherwise than by representation and its unusual
importance in the mattor of personal liberty it should bo added that many
representativo and single chambor legislatures of the smallor Commonwealth
territoritics usually complete the logislative process excoedingly rapidly.
In itself, the contention that the Ordinance was prooipitataly mactod âs
not, it is suggested, sufficiently supported for Justice (U.K.) to intervane.
2.
Constitutionality of the Ordinanca
The Hong Kong Constitutional instruments do not embody a Bill of Rights
nor any special procedures for the passage of particular types of legislation.
There is a power in the Governor in Legislative Council to "mako laws for the
peace, orlor and good government of the Colony" subject to a full power of
disallowance.
Cortain categories of bills must be reserved for Crom assent (Royal Instructions 1917, as amonded) but none appears to have been involved here.
There appear to be no grounds for attacking the constitutionality of
tho Ordinance.
3.
Objections to the content of the Ordinance
The law relating to publio order and the like which oxisted before... the
Ordinance in questim was contained both in permanent legislation and the
common law and in temporary regulations nede under Emergency Fovers.
without the lattor the existing law gwo much more extensive polico' powers than
in the United Kingdon, in some instancos differing therofron in matters of princialo. (o.g. all public processions and meetings requirod permits from tho