19,269.

Mr.

Carter

Reference......

HKK 14/20

with (2

(2) and enclosures are a very useful summary of the present position as regards emergency legislation in Hong Kong. Part II in particular tell us the extent to which emergency regulations are to be incorporated into permanent legislation. The file concerning the Criminal Procedure (Amendment) (No. 2) Ordinance, 1968 is, I believe, with you.

You may recall that we recently conveyed notice of non-disallowance of that Ordinance subject to certain amendments which we asked the Governor to introduce.

2.

The Governor sent us, at the beginning of January, a draft Bill to amend the Public Order Ordinance which was enacted in November, 1967. The purpose of this Bill is to meet, as far as possible, the criticisms levelled at the Ordinance by "Justice". The papers have been with the Law Officers for some time but I had to recall them recently in connection with a Parliamentary Question which I submitted to you a day or two ago. Pending clearance of the proposed reply to that Question, I am hanging on to the papers.

The draft Bill does in fact meet quite a lot of "Justice's" criticisms but the Governor has certain reservations about certain of them which we shall need to look at carefully when we have received the views of the Law Officers.

3. Meanwhile, these papers would be a very useful ready reference in the event that we are asked questions on the subject of emergency legislation.

30 January, 1969

(A. W. Gaminara) Hong Kong Department

Two sets

Since (2)

E.R

wan

sent

1.e

have been discontinued

Prevention of

Inflammation Sprechen and Inflammatory Porters.

Prevention of

When the replacement-

bystation mentioned in the

hon been enacted.

Second Schedule

all the Emergency Lowers

taken in 1967 will have disappeared except-

for Regs. 29-31 9 the Prenajal Rogs (and S sumpect that there may well disappear

before the replacement bqulation is ready).

Love

14/2

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