VISIT OF THE MINISTER OF STATE
(LORD SHEPHERD)
TO HONG KONG. MAY/JUNE 1969
Note No. 7.
PUBLIC ORDER AND EMERGENCY LEGISLATION
Public Order Ordinance
4
Shortly before his departure the Department submitted to the Minister Hong Kong's draft Bill amending the Public Order Ordinance, 1967. The Bill goes a long way to meeting criticisms of the local branch of "Justice". One of their criticisms concerned the widening of the definition of an "offensive weapon" in the original Ordinance;
the Bill does not meet their point. The Minister said that he was not happy about this and wondered whether it would be more appropriate to use the definition in the U.K. Prevention of Crime Act, 1953. We have suggested to the Governor that, if he adheres to his view that the wider definition should be retained, this point might be discussed with the Minister during his visit, A brief is attached (Annex A),
2.
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In case the Governor should wish to discuss any other points arising from our comments on the Bill, copies of our submission and of our Saving Despatch No.208 are attached to Annex A.
Emergency Legislation
3.
A submission dealing with the Governor's plans for dismantling emergency legislation did not reach the Minister before his departure. A copy is attached (Annex B), for information only at this stage since
it has been assumed that the Minister would wish to consider this
matter on his return, with reference to the detailed papers. The submission deals primarily with those items of emergency legislation the Governor proposes to embody in Emergency legislation or has so embodied. To some extent therefore it overlaps with the submission on the Public Order Ordinance (paragraph 1 above). The recommendation is that the Governor should be asked to consider only the one further point mentioned in the draft letter attached to the submission.
Hong Kong Department
27 May, 1969
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