(118281) Dd. 391599 1,500м 2/69 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No. HKK 14/15

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted. Unclassified.

PRIVACY MARKING

In Confidence

8

CONFIDENTIAL

DRAFT Saving Despatch

Type 1 +

17/E

From

To:-

Governor,

HONG KONG.

208

Telephone No. & Ext.

Department

Your Saving Despatch No. 4 of 3 January.

Public Order Ordinance.

I am

We are grateful for the considerable extent to which the draft Bill enclosed with your Saving

Despatch meets the various criticisms levelled at

the Public Order Ordinance, 1967. The matters

raised in your paragraph 2, together with certain

other points, are dealt with below. References are

to existing sections of the Ordinance and to para- graphs of your Attorney-General's comments on the

draft Bill.

2. Section 2: (paragraph 3).

[ Take in slip],

We accept your views on this point and note

the amendments to seetions 14 and 32 which are pro-

vided for by clauses 8 and 19 of the draft Bill.

3. Section 7: (paragraph 5).

This section, as amended by clause 4 of the draft Bill, will now apply to funeral processions only and not to public meetings for the purposes of funerals. These provisions presuppose that it would always be possible to apply for a licence to hold a funeral procession, two days before such procession, and this appears to be a somewhat doubtful presumption. Moreover, it appears that

the powers conferred on the Commissioner of Police by section 7(4) to refuse such a licence are too wide and that some of the grounds on which a licence may be refused are not appropriate in the case of

І натрий such processions. It is appreciated that in the circumstances of Hong Kong strict control is required over funeral processions, but it seems that section 7

does not provide the appropriate control and it may

-

CONFIDENTIAL

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