personnel frequently work with the Police in times
of disturbances and it is considered desirable
that they should have a measure of protection
from obstruction in the exercise of their duties.
It is not considered that any of the above Clauses give cause
for any objection.
Justice's 5. The Principal Ordinance was the subject of considerable
Criti-
cisms
FLAG F
TE/i. Trev
42
criticism by the Hong Kong branch of 'Justice'.
This criticism
was set out in a comprehensive memorandum sent to the Depart-
ment by Justice which has received close examination both by
our own Legal Advisers and by the Attorney General in Hong
Kong. Justice's main criticisms were concerned with the
increased powers given by the Ordinance to Police Officers
in order to strengthen the hands of the latter in dealing
with lawless elements in the community; and with certain pro-
visions which created offences in connection with unlawful
assemblies and which, in the view of Justice, were such as to
do away with the requirement that guilty intent should exist
before an offence could be committed. The Bill seeks to
rectify the position to the maximum extent possible whilst
retaining for the police those powers which they must have
in order to deal with disturbances in the particular circum-
stances of Hong Kong. But there are a few outstanding matters
of which the following call for comment:
(a) Section 2 of the Ordinance defines an offensive
weapon as "any article made, or adapted for use,
or suitable, for causing injury to the person
4
CONFIDENTIAL