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(a)
Even if the judgment and sentence were reported
in a newspaper normally read by the relatives and
friends of the accused, they might miss the item since
the date on which judgment and sentence were to be
announced might not have been known to them; and
(e) Even if they saw the verdict in a newspaper,
they might be doubtful whether it was a true report.
I do not for one moment suggest that a situation would arise
in Hong Kong in which a person could be arrested and no more
would be heard of him. The point is that the substantive legis-
lation should indicate beyond doubt that such a situation could
not arise.
4. It is for this reason that I find it most difficult to
accept as part of the permanent law of the Colony a provision
which gives a judge or magistrate the very wide power of directing
"in the interests of justice or public order or security" that
any criminal case should be heard in a court from which the
public are excluded to an extent which would include the delivery
of judgment and verdict. In arriving at this conclusion I have had in mind, in particular, the principle set out in Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, that judgment should be pronounced
publicly. Although th is convention has not been applied to
Hong Kong, I consider that it enunciates a principle which
cannot be altogether ignored and which it would not be in Hong
Kong's wider interests to ignore.
5. It might however be possible to overcome the difficulties
I see and at the same time to obviate the risks of which you
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