&
معا
CONFIDENTIAL
Note
ما
π Morton's visit
to Hong Kong they forme 1969
THE CRIMINAL PROCEDURE (AMENDMENT)
(NO. 2) ORDINANCE 1968
There is mention in the Submission on Review of Emergency
Legislation (Annex B to Note No. 7) of separate correspondence
with the Governor about the provisions of the Criminal Procedure
(Amendment) (No. 2) Ordinance, 1968, incorporating in permanent
law emergency regulations empowering the courts to exclude the
public from criminal proceedings.
2. The present position in this matter is that we await a
further communication from the Governor following Sir Michael
Hogan's return to Hong Kong at the middle of May. It is not
considered that the subject should be raised with the Governor,
but he may well mention it. In this event it is suggested he
should be informed that any additional proposals or arguments
that he introduces will naturally be carefully considered but
that since fundamental legal principles are involved, it would
be necessary for such proposals to be studied by our Legal
Advisers: for this reason it would probably be best and quickest
for the Governor to pursue the matter direct with the Department.
Background
13 Prev Flag A on
HWB.
9
14/25=
3. The Criminal Procedure (Amendment) (No. 2) Ordinance (copy
attached) which was enacted in September 1968 embodies into the
permanent law the provisions of Emergency (Principal) Regulation
88 and the Emergency (Courts) Regulations (Legal Notice No. 79/67).
These provisions confer considerable powers on High Court Judges,
District Judges and Magistrates to exclude the public from criminal
courts in the interests of justice or public order and security.
When the Ordinance was received in the Department the Legal
Advisers had very strong misgivings about the comprehensive nature
bu, as at
ANG 20/1769
-
1
CONFIDENTIAL
bu 25.6.69
AMG 916169.
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