W(B)L 51-7406
NOTHING TO BE WRITTEN IN THIS MARGIN
CONFIDENTIAL
3
for further amending legislation to be enacted.in
order to restore the
Details of the
at that time
Ebay B
Elag E
Flag B
Flag f
amendments which we considered/to be required for
nsidered to
this purpose, together with the reasons for them,
were given in ECO Saving Despatch No. 663 to
Hong Kong (copy attached
In August 1969, Legal advious objections
5. Phre Gerbnoris immediate fesation was to query
the ordenano were
to
he conclusions in the Despatch, both on legal and
the me the was However, further qui
practical grounds,
bars that
correspondance with the Governor ensued, and as a correspondiscussed
with
result of discussions here between fogat kävisers and
Land at those discussions the Attorney General, Hong Kong in August, 1969, 7
as a compromise Solution,
it was agreed that the Ordinance should be amended in
the following respects:
(a) Sections 122 and 123 should both be amended
to make it clear that the powers conferred by
those sections did not extend to the clearing
of the court whilst the verdict was being announced.
(b) That Section 123 (i) (a) should be amended
by the deletion of the words "or may be". 6. However, in his Saving Despatch No. 1195 of
the 6th of October 1969 (attached) the Governor,
paragraph 5 at ((a)
whilst otherwise agreeing to the amendments at
and (b) above, was (for the reasons stated in
ア
para
below) opposed to the amendment of Section
para, 5
122 in accordance with (a) above. Moreover, he ha (for the reasons stated in paragraph & below)
asked, that the introduction of even these amendments
mentioned above, to which he has agreed, should be
might deferred until such time as the Ordinance may require
There the maiter has
for so
amending in other respects. Tests.
Hie
(a) That sinee she ini
Ordnance at the time of its enactment in
September 1968 (which was inspired from expatriati
rather than leeal sourees) there have been no
/further