Reference..
(3)
deforce?
Section 12 of the Ordinance and Clause 7(b) of the Bill:
This relates to the question of guilty intent: section 12 (3)(a) makes it an offence for a person to form part of an unlawful assembly. There is a danger that an innocent person might be caught up in such an assembly and be unable to get away from it. Clause 7(b) of the draft Bill endeavours to, put this matter right by making it ence if the person charged could prove that he did not know that it was
an unlawful assembly.
However, we consider that such an
amendment would not be adequate if an
innocent person was physically incapable of getting away from an unlawful assembly.
All the above points (and one or two others as well) are dealt with in the attached draft Saving Despatch to the Governor, which has been cleared with the Legal Advisers. The Governor is anxious to introduce the Bill into the Legislative Council as soon as possible, but I am afraid that I do not see how we can give him the go-ahead until we receive his reply to our enquiries.
Flag. 42/6/1 Brea
8.
28 March, 1969
M
(A. W. Gaminara) Hong Kong Department