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19263
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10.3
19.4TO
FILE NO. MK14/15
(Part)
TITLE: HONG KONG: LEGAL AFFAIRS THE PUBLIC. ORDER ORDINANCE.
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YOU HONG KONG
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זיויוויו ויו
-----------qapış.........POPPER-P+P+MPYA PREPONA Pants Trattenprannomy
PAPE
repeated for information to
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Following Parliamentary Questions
Frank Allawn are
пи
by
for oral reply
Thursday 19 December: To ask the
Secretary of State :-
(1) whether he will amend the Hong
Kang Public Order
Ordinance so
LILINI+
as to place the burden of proof
and
in
--------
what, evenmstances, the Ordinance
upon the Authorities;
is
Copies to:-
now intended.
to be used:
(2) how
H.K.D.
EX) #12001
71 2
---------
many of those imprisoned
or detained following the disturbances in Hong Kong in 1967 have
Teen
L
(10887) D43930053154m (77%xorta) 1/68 G.W.B.Ltd.Gp.163
been kept in solitary confinement,
and for how long; and how
Que
many
at present held
Solitary confiriement.
in
2. Gratiful if material for replies
and supplementaries may
us not later than
Comwow Wednesday
reach
1000 hours
18h December
怔
17.12,68
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------‒‒‒‒‒‒Debbiek veiktHHHHIEFTATAymany framed DNANTE
Our telegram No. II.1657.
ALLOUN
Parliamentary. Questions by Frank. Allows.
Grateful if you
will include in
your reply
an explanation of what is involved in
17/12
Distribution:--
Filet E
Copies to:- HKD
腺
Q.
(C
Separate confinement"
in Hong Kong
as
provided for
from "Solitary
Prisons legislation.
What extent does it differ from
confinement
મ
The expression "solitary confinement"
is not resed
ها
in
Presions legislation.
your
in fact any difference belevens,
there in
the two?
I
CONFIDENTIAL
TOP COPY
CYPHER/CAT A
IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TELEGRAM NUMBER 1661
CONFIDENTIAL
TO HONG KONG 17 DECEMBER 1968.
(!КК 14/15)
OUR TELEGRAM NO. 1657: PARLIAMENTARY QUESTIONS BY FRANK ALLOU!!.
GRATEFUL IF YOU WILL INCLUDE IN YOUR REPLY AN EXPLANATION OF WHAT IS
INVOLVED IN QUOTE SEPARATE CONFINEMENT UNQUOTE AS PROVIDED FOR IN HONG
KONG PRISONS LEGISLATION. THE EXPRESSION QUOTE SOLITARY CONFINEMENT
UNQUOTE IS NOT USED IN YOUR PRISONS LEGISLATION. 13 THERE IN FACT ANY
DIFFERENCE BETWEEN THE TWO?
STEWART ·
FILES
1
HONG KONG LEPT.
DR. LORETON
XXXXX
LAST
REF.
CONFIDENTIAL
CYPRETNICAT A
JilfTE HONG KONG
TELECRAM NUMEER 2276 CONFIDENTIAL.
CUMISENTIAL
TO FOREIGN AND COMMONWEALTH OFFICE
18 DECEMBER 1968
H
TOP COPY
1
EFENCE YOUR TELECHANS 1657 AND 1661.
(1) THE PUBLIC CEDER ORDINANCE WHICH IS PART OF THE PER-
AMENT LAW OF H.K. CONTAINS A NUMBER OF SECTIONS WHICH ONSTIT-
UTE OFFENCES,
IN ALL CASCS A BURDEN OF PROOF RESTS ON THE
PROSECUTION. AS PART OF THE PERMANENT LAW THE ORDINANCE 13
IN CONTINUOUS USE.
(2) (A) THERE IS NO PROVISION FOR SOLITARY CONFINEMENT AS SUCH UNDER
HONG KONG LEGISLATION BUT THERE IS A QUOTE SEPARATE CONTINENEKT UNQUOTE.
THIS IS A DISCIPLINARY MEASURE, AWARDED UNDER PRISCH RULES WHEREBY THE
OFFENDER MAY EE SUBJECTED TO SEPARATE CONFINEMENT FOR A PERIOD NOT
EXCEEDING 28 DAYS. NO VISHOES ARE PERMITTED LUI ING THAT PERIOD NOR MAY
THE PLISONCE EXSTCISE TE USUAL PRIVILEGES BUT LETTERS ARE ALLOWED. THERE
IS NO DISTINCTION IN OUR PRISONERS BETWEEN PRISONERS CONVICTED OF
CRIMINAL OFFENCES ARISING CUT OF LAST YEAR'S DISTURBANCES AND THOSE
CONVICTED OF CRIMINAL OFFENCES ALISING OUT OF OTHER CIRCUMSTANCES. IT IS
THUS DIFFICULT, AT SHORT
HOWEVER,
NOTICE, TO PROVIDE THE STATISTICS YOU REQUEST.
AT THE PRESENT TIXE NO PRISONZA 13 UNDERCOING SEPARATE CON-
FINEMENT.
CBO AS FAR AS DETAINEES ARE CONCERNED
FOLLOWING THE DIS-
TULUANCES IN HONG KONG IN 1967 NO DETAINEES HAVE BEEN KEFT
BI SOLITARY CONFILAMENT,
THEREFORE THE QUESTIONS PEGANCING
LITH THE DOTAINFES HAY BEEN
!
LAST IN SOLITARY COPFIRE-
*** THE NURTIS AT PRESENT HELD IN SOLITARY CONFINERENT
DM ARISE.
LAST
RECEIVED IN ARCHIVES No.31
19 DEC 1968
NKK 114/15
!
17
CONFIDENTIAL
-2-
2. THE DETENTION CENTRE HAS 12 SINGIE CELLS AS WELL AS
LANGER ONES. THESE SINGLE CELLS WERE USED DURING THE EMERGENCY
FOR DEBRIEFING, BUT DETAINEES STAYED THERE FOR ONLY A FEW DAYS.
THEY WERE ALSO USED, ON A LONCER-TERM BASIS TO HOUSE FEMALE
IN ALL THESE CASES THE DETAINEES CONTINUED TO
ENJOY HORMAL PRIVILEGES AND EXLRCISED WITH OTHER DETAINEES,
DETAINEES.
WONE OF THE SINGLE CELLS IS NOW OCCUPIED,
STR D. TRENCH
FILES
LANG KONG DEPT.
FAR EASTERN DEPT.
IS DEFT.
MR. MORETON
ADVANCE COPIES SENT
CONFIDERIAL
XXXXX
REFERENCES
Flag & Hansard Vol.755, No.26, Col.249.
낙 し
Question by Mr. Rankin,
5 December, 1967
Flag B Hansard, 12 December, 1967, Cols. 178-179, Petition
tabled by Mr. Rankin
NOTES FOR SUPPLEMENTARIES
The legislation is not designed for dealing with emergencies. It
strengthens and brings up to date the law relating to public order on
lines to be found for the most part in legislation in other territories.
2,
The only Emergency Regulations which have been incorporated in the
Ordinance are those dealing with the offences of intimidation and
intimidating assembly.
3. It is true that these particular provisions are based on Southern
whodesian law, but it should be noted that the law in question was
enacted in 1960, that is, long before the unilateral declaration of
independence in that country.
4. If the ember mentions specific sections of the Ordinance to
illustrate the point made in his question, it can be stated that our
consultations with the Governor cover provisions raising this general
issue.
with
Flag A
Flag B
Hr.
Koreton
Farliamentary Office
The Hong Kong Fublic Order Ordinance (copy attached) came into operation
on 17 November, 1967 at the height of last year's disturbances in the
Colony.
Its purpose was to consolidate into one
Ordinance the various provisions dealing with public order and to
strengthen the law where experience has shown this to be desirable.
Active work
Of the
on the preparation of the Ordinance had been in progress for at least
two years prior to its enactment. Account was taken in its drafting of
the experience gained during the 1967 disturbances, but the Ordinance is
not designed for dealing with emergencies. considerable amount of
emergency legislation which it has been necessary to introduce in Hong
Kong since May, 1967, the only emergency regulations which have been
incorporated into the Ordinance are those dealing with the offence of
intimidation and intimidating assembly. These have been powerful weapons
in the hands of the local communists in the over-crowded conditions of
Hong Kong. The provisions to deal with them were included only after the
most careful consideration and because, so long as communist
organisations continue to exist in Hong Kong, there will always be a
danger of intimidation.
2.
The Governor sought the views and advice of the Commonwealth
Office on the draft Public Ordnunge Bill before its enactment and the
matter was given careful and prolonged examination in the Common- wealth
Office over a period of several months before the draft bill was agreed
to.
3. Shortly after the enactment of the Ordinance, the Reform Club of Hong
Kong (an organisation of some five thousand paid up members) submitted a
petition to Parliament on the subject of the Ordinance through the
medium of Kr. John Rankin, K.P. (see attached Hansard extract). The
petition asked for the Ordinance to be disallowed. 4. The Ordinance was
also the subject of considerable criticism by the Hong Kong Branch of
"Justice" (the British section of the
Their
criticism was levelled International Commission of Jurists). mainly at
the increased powers given by the Ordinance to police officers in order
to strengthen the hands of the latter in dealing with lawless elements
in the community;m and at certain provisions which create offences in
connection with unlawful assemblies. "Justice"
JA.
/maintained
maintained that certain of these provisions (e.g. sections 12 and 30)
were such as to do away with the requirement that guilty intent should
exist before an offence could be committed. It is thought that it is
these provisions which kr. Allaun has in mind when he asks in his
question for the Ordinance to be amended so as "to place the burden of
proof upon the authorities".
5. Certain of the points raised by "Justice" were considered by the
Commonwealth Secretary's Legal Advisers to have some substance and we
are at present in correspondence with the Governor with a view to
seeking certain amendments to the Ordinance. We are consulting with the
Governor on points arising in Sections 2, 3, 7, 9, 11, 12, 15, 18, 19,
23, 25, 26, 27, 28, 31, 31, 32, 37, 40, 44, 49 and 55.
6.
In Hong Kong's densely crowded conditions (five thousand persons per
acre in certain urban areas) large crowds can gather in a matter of
moments. It is easy for trouble makers to stir up disorder in such
conditions and the tak of the police force in
In circumstances controlling disturbances is greatly increased,
such as these, and especially so long as there is a militant communist
element within the community, it is necessary to take special measures
for the preservation to public order at all times. The Ordinance is
designed to meet this need on a permanent basis.
bus. Carts сало
(7. S. Carter)
Hong Kong Department 18 December, 1968
Vornout?
18/12
Section.
2
I.
2.
Short title
PUBLIC ORDER
Interpretation
Ord. No. 64/67.
A255
PUBLIC ORDER ORDINANCE 1967.
ARRANGEMENT OF SECTIONS.
---
PART I.
PRELIMINARY,
PART II.
Page.
A257
J
J
J
A257
CONTROL OF ORGANIZATIONS.
3.
Power to prohibit flags, etc.
A258
J
4.
5.
Prohibition of uniforms in connexion with political objects Prohibition
of quasi-military organizations
A258
A259
PART III.
CONTROL OF PUBLIC MEETINGS AND PROCESSIONS,
6.
Control of public gatherings
7.
Licensing of public meetings and public processions
8.
9.
10.
Appeals
...
...
++
11.
12.
13.
---
14.
Cancellation and amendment of licences
Conditions of licences
Police powers over meetings, processions and gatherings Offences in
relation to sections 6, 7 and 11 Disorder in public places.
---
Prohibition of offensive weapons at public meetings and processions
15. Power of Commissioner of Police to prohibit public gatherings
Power of Governor in Council to prohibit public gatherings
Proof
16.
17.
ייי
+
J
A259
-
A260
A261
A261
A261
A262
A263
A264
+4
A264
A265
A265
A266
J
ITI
PART IV.
UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR OFFENCES.
18.
Unlawful assembly
---
+
L
H
A266
19.
Riot
20.
Rioters demolishing buildings, etc.
J
21.
22.
23.
I
24.