VISIT OF THE MINISTER OF STATE

(LORD SHEPHERD)

TC HONG KONG. MAY/JUNE 1969

23

Note No. 7

17

22

FUBLIC ORDER AND EMERGENCY LEGISLATION

Public Order Ordinance

Shortly before his departure the Department submitted to the Minister Hong Kong's draft Bill amending the Public Order Ordiname, 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 Crine 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. 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 itens of emergency legislation

the substantive Law the Governor proposes to embody in emergency legislation/or has so embodied. To some extent therefore it overlaps with the submissi on 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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