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Mr. Carter
The legal advisers have now commented (see Sir Arthur Grattan-Bellew's minute of 20th February) on Sir Leslie Monson's minute of 12th February.
2.
The recommendations made in the attached submission wem designed as a compromise. On the one hand we wanted to go as far as possible in meeting the wishes of the Governor, having regard to the special difficulties which we know exist in Hong Kong. At the same time it was necessary to reconcile the recommendations with certain fundametal legal principles. The arguments presenting both sides of the case are summarised in paragraph 9 of the attached submission.
3. As regards paragraph 4 of Sir Leslie's minute, it was thought that, from an internal security point of view, it would be relatively simple for the forces of law and order to prepare for and deal with a situation which would arise at a known time and on a known date (i.e. when judgment was being announced in Court): it would be a very different matter if the general public (including trouble makers) could claim admission to the Court throughout the hearing of what might be a very prolonged prosecution extending over several days.
4.
As regards the last paragraph of Sir Arthur Grattan-Bellew's minute, if the recommend- ation to the Minister is to take a softer line than that advocated in the attached submission, then I suggest that the Law Officers be consulted first since I suspect that the Minister would wish to have their views before arriving at any decision.
(A.W. Gaminara)
HONG KONG DEPARTMENT
24 February, 1970
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