Flag E56. Turning next to Table (B) 1.0. emergency legislation introduced
in 1967. Items (1) and (9), involving amendments to the Criminal Procedure Ordinance, are the subject of separate correspondence with the Governor; our legal advisers consider that those powers should not be conferred on the courts on a standing basis but could be
included in permanent legislation on the basis that the relevant provisions may be brought into force by order of the Governor at the request of the Chief Justice for such periode as the powers may be required,
7. Items (3), (4), (8) and (10) are embodied, or are to be embodica, in the Public Order Ordinance; this has been the subject of a
separate submission. Points that arise on this Ordinance are tho subject of separate correspondence with the Governor.
8. Of the remaining items no objection is seen in the case of numbers (5), (6), (7), (12) or (13). The following two items havo, however, been criticised by legal advisers :-
Item (2), Regulation 96: no objection is sean to conferring on military officers "acting in the course of duty" powers to require
people to identify themselves; the circumstances in which a military officer's duty would involve him in checking a civilian's credentials are strictly limited and defined. But legal advisers sce objection in the application of the words "acting in the course of duty" to police officers. It confers a wider power than is normal, e.g. in this country where it is confined to the performanco of the duty to prevent and detect crime, In discussion with the legal adviser concerned (Mr. Cruchley) he has made the point that the police should be required to justify the use of this power in a specific context and should not have carte blanche to stop members of the public and require them to identify themselves on the vague ground that they were pursuing "their duty". I suggest these considerations might be put to the Governor who should be askod whether there are any special circumstances that might be held to Justify the wider power; he should also be asked to let us have a aight of the proposed legislation in draft.
/ Item (11)
4.