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Registry
No.
ECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential. 13/1
Restricted.
Unclassified.
PRIVACY MARKING
..In Confidence
DRAFT
SUBMISSION
Type 1 +
To:-
Mr. Wilford
39/415
From
Mr. Carter
Telephone No. & Ext.
Department
The Hong Kong Criminal Procedure (Amendment) (No. 2) Ordinance
1968
PROBLEM
The High Count has inherent
The above Ordinance, which was enacted by the Hong Kong
pourus of this natur, Legislative Council in September, 1968, confers on High Court but such
h
The issive still
dispute in digants with the Governor
Concerng those prandon of
Flag A.
judges, district judges and magistrates very wide powers
to exclude the public from criminal trials in the interests
of justige, public prder and sequrity. Wide-reaching powers of Unite Counts except in times of temque emergency by
not
Conferred this nature are normally provided only in Emergency Legislation,
Logany Count to exclude the iment in the permanent lay of the Colony gives
>the ordinana enabling any count
ambodiment in
Authi from the Count while the verdict in a criming case is
cause for misgiving and It is accordingly considered that the hun
Then
Announcer, relevant provisions of the Ardinenee should be suitably modified
by the enactment without delay of amending legislation by the
Hong Kong Legislative Council.
RECOMMENDATION
2. I recommend that the Governor should be addressed in terms
draft
of the attached Saving Despatch.
BACKGROUND
3. The Hong Kong Criminal Procedure (Amendment) (No.2) Ordinance
1968 (copy attached) adds two new sections to the principal
Ordinance:
(Section 122 empowers judges of the Supreme Court, District
judges and magistrates, when hearing criminal proceedings, to
exclude the public from their respective courts, court buildings,
and the curtilage of the court buildings, if they consider it
/necessary
(118281) Dd. 391599 1,500M 2/69 Hw.
CONFIDENTIAL