CONFIDENTIAL

Dd. 32855 Ed (4200)

NOTHING TO BE WRITTEN IN THIS MARGIN

7. Section 19: (paragraph 12).

It appears that this section is aimed at

persons actively taking part in an unlawful

assembly, that is to say, people who would be

relatively easily noted by the Police, and not

at those who, knowingly or unknowingly, were

caught up in the assembly: there are other pro- visions to deal with the latter categories. But

it is considered that the "unlawful assembly"

referred to in this section should be confined

to that defined in section 18(1), i.e. that this

section should be modified by a clause on the lines of clause 10(b) of the draft Bill. Subject to this, the views expressed by your Attorney General on this clause are accepted.

8.

Section 37: (paragraph 42)

In the Attorney General's note on Justice's

memorandum on the Hong Kong Public Order Ordinance,

under the heading "paragraph 42", it is stated that section 37 (which deals with permits to enter and leave a closed area) could be amended to pro- vide for reasonable notice as requested by Justice. Justice's proposal was that the section should be

amended so as to require that reasonable notice should be given as to the cancelling of a permit. Clause 18 of the draft Bill makes such an amend-

ment in respect of section 31, and we would be

rateful if you would consider making an amendment

on similar lines to section 37.

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