CONFIDENTIAL
4.
(iii) Although the European Convention for the Protection of
Human Rights and Fundamental Freedoms (Cmd.8969) has not
been applied to Hong Kong we consider that account must be taken of its provisions. Article 6(1) of the Convention
reads as follows :-
"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
It might, however, be possible, following the line of thought suggested by Sir L. Monson in paragraph 6 of his minute of
12 February, to go some way towards meeting the Hong Kong views by amending Section 122 to provide that the power conferred on a Court by that Section does not extend to the exclusion from the Court
whilst the verdict and sentence is announced of relatives of the
accused; and we propose that this idea should be put to the Governor. We also think that as it is over a year since the legislation was enacted and there has been no interference with the Courts, it would, as you suggested and the Hong Kong authorities proposed, be safe to wait until the Criminal Procedure Ordinance requires other amendments before introducing the amendments to Sections 122 and 123. We suggest, however, that in any event the amending legislation should be enacted within the year.
5. The draft Saving Despatch has been amended accordingly in
consultation with Legal Advisers.
Erania
(E. 0. Laird)
Hong Kong Department
9 March, 1970
CONFIDENT IAL
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