CONFIDENT IAL
sections should be deferred (paragraph 6 above) are :
(a) that since the initial criticism of the Ordinance at the time of its enactment in September 1968 (which was inspired from expatriate rather than local sources) there
have been no further attacks on it. There is therefore
no substantial demand in Hong Kong for the amendments to
be made;
(b)
the introduction of the amendments at this stage would
attract unnecessary attention to the Ordinance.
More than a year has already elapsed since the enactment of the offending provisions and for this reason, and for the reason that
it would be embarrassing if these provisions were publicly
criticised before the amendments were made, it is considered that the necessary amendments should be introduced without further delay.
Conclusion
11.
The only matters over which a difference of opinion remains
between the Governor and ourselves are :
(i) an amendment of Section 122 to provide that the power
conferred on a court by that Section does not extend to
the exclusion of the general public from the court whilst
the verdict is announced;
(ii)
the Governor's request that any amendments to the
Ordinance should be deferred until such time as the
Ordinance may require amending in other respects.
It is considered that we should insist on the amendment at (i) and
that there are no adequate grounds for agreeing to the request at (ii).
12.
It is accordingly proposed to address the Governor in terms of
the attached draft Saving Despatch. The draft is tantamount to
an instruction to the Governor to arrange for the introduction of the necessary amending legislation without undue delay. In view of the background and, in particular, Lord Shepherd's discussion with the Governor last year (paragraph 4 above) it should not, I consider, issue without the Minister's approval.
S
Carter
Са
W. S. Carter)
Hong Kong Department
CONFIDENTIAL
5 February, 1970