PRIORITY

GPS 300

CYPHER/CAT A

FM HONG KONG 190700Z

CONFIDENTIAL

CONFIDENTIAL

REV DIN

2013

1KX 14/11

32

L

30

TO PRIORITY FCO TELNO 668 OF 19 JUNE. 1973

(2)-

30)

YOUR TELNO 598 AND MY TELNO 657: REPESENTATION OF NEW BILLS.

AS I HAVE INDICATED, WE HAVE NOT RECEIVED THE REPRESENTATIONS. MEANWHILE THE BILLS, WHOSE OBJECT WAS TO SPEED UP THE HANDLING OF SERIOUS CASES WITHOUT OVERBURDENING THE SUPREME COURT, HAS BEEN DISCUSSED WITH THE NEW CHIEF JUSTICE. HE FEELS THAT WITH TWO ADDITIONAL DISTRICT JUDGES, AND ADDED POWERS FOR THE DISTRICT COURTS, AND BY IMPLICATION - SOME TIGHTENING UP OF PROCEEDINGS, NO INCREASE IN MAGISTRATES' POWERS IS NECESSARY FOR THE TIME BEING, AND IN ANY CASE IS UNDESIRABLE IN PRINCIPLE. THE SECOND READING OF THE MAGISTRATES (AMENDMENT) BILL WILL THEREFORE BE FURTHER ADJOURNED SO THAT THE WHOLE QUESTION CAN BE

RECONSIDERED.

G

2. THE OTHER BILLS WILL GO FORWARD AND SHOULD BE PASSED ON WEDNESDAY. PROCEDURE (AMENDMENT) BILL WILL BE AMENDED IN COMMITTEE ON THE MOTION OF UNOFFICIALS SO AS TO INTRODUCE A SCHEDULE OF OFFENCES ON THE BASIS OF WHICH AN ORDER FOR PREVENTIVE DETENTION MAY BE MADE. THE SCHEDULE INCLUDES VIOLENT CRIMES, CERTAIN OFFENCES UNDER THE THEFT ORDINANCE, THE DANGEROUS DRUGS ORDINANCE AND THE ARMS AND AMMUNITION ORDINANCE, CERTAIN OFFENCES AGAINST WOMEN AND GIRLS AND AN OFFENCE AGAINST SECTION 33 OF THE PUBLIC ORDER ORDINANCE. UNOFFICIALS WILL ALSO PROPOSE THAT THE FOURTH OFFENCE (WHICH IS THE ONE WHICH CAN LEAD TO PREVENTIVE DETENTION) MUST HAVE BEEN COMMITTED WITHIN 3 YEARS AFTER CONVICTION FOR THE PRECEDING OFFENCE OR RELEASE FROM A CUSTODIAL SENTENCE FOR THAT OFFENCE.

THESE CHANGES ARE ACCEPTED.

CONFIDENTIAL

13.

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