(Cap. 328.)
A281
(Cap. 245, sub. leg.)
A282
Transitional provisions.
Ord. No. 64/67.
PUBLIC ORDER
56. Any permit issued under Part II of the repealed Public Order
Ordinance allowing the person to whom it was issued to enter and leave a
closed area shall, if it is in force at the com- mencement of this
Ordinance, be deemed to have been issued under section 37.
This printed impression has been carefully compared by me with the Bill
which passed the Legislative Council on the 15th day of November, 1967,
and is found by me to be a true and correctly printed copy of the said
Bill,
(Secretariat CR 3285/57)
D. BARTON. Deputy Clerk of Councils.
(9069) Dd.032652 3m 2/67 G.W.B.Ltd. Gp.863
PARLIAMENTARY QUESTION
NON
for ORAL answer on
950
Hory Kone den
The draft reply should reach the Parliamentary Office through your
Under-Secretary by
Now
بجينا
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on www.17/1
La* Mr. Frank Allaun (Salford, East): To ask the
Secretary of State for Foreign and Commonwealth Affairs, whether he will
amend the Hong Kong Public Order Ordinance so as to place the burden of
proof upon the authorities; and in what circumstances the Ordinance is
now intended to be used.
19 December, 1968.
π. Lazeram Linerlock
In the case of all offences constituted under the Public
Order Ordinance a burden of proof rests on the prosecution.
When firend is
The
, however, examining certain provisions of the Ordinance,
in consultation with the Governor, in the light of criticism6
that have been made. The Crdinance forms part of the permanent
law of Hong Kong and is used as circumstances require.
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ARLE
18. 12, 68.
451
Written AnswTES
19 DECEMBER 1968
Commonwealth Economic and
Trading Organjšation
· Mr. Molloy asked the Secretary of State for Foreign And Commonwealth
Affairs if he will consider initiating a pro- posal for the
establishment of a perman ent British Commonwealth Economic and Trading
Organisation.
Mr. Whitlock : No.
What can usefully be done is already dealt with through the Commonwealth
Sectariat and the Commonwealth Economic Consultative Committee,
/HR:
Hong Kong Peblic Order Ordinance
Mr. Frank Allaun asked the Secretary of State for Foreign and
Commonwealth Affairs whether he will amend the Hong Kong Public Oider
Ordinance so as to place the burden of proof upon the autho rities and
in what circumstances the Ordinance is now intended to be used.
Mr. Whitlock: In the case of all offences constituted under the Public
Order Ordinance a burden of proof rests on the prosecution. My right
hon. Friend js, however, examining certain provisions of the Ordinance,
in consultation with the Governor, in the light of criticisms that have
been made. The Ordinance forms part of the permanent law of Hong Kong
and is used as circumstances require.
Convention on the Elimination of All
Forms of Rac ́ol Discrimination
Mr. Atthur Davidson asked the Secre- tary of State for Foreign and
Common- wealth Affairs when the United Kingdom will ratify the
Convention on the Elimin- ation of All Forms Racial Discrimina- tion.
Mr. Goronyy Roberts: I hope we will be in a position to deposit our
Instru- ment of Ratification of this Convention with the Secretary
General of the United Nations early in the New Year. Natións
TRANSPORT
The Borders (Report)
72. Mr. David Steel asked the Minister of Transport (1) whether,
following publi cation of the report, Transport in the
* R 2
report,
D
Written Answers
Borders, a copy of which has been seŋf to hin. he will make a statement
on his picy on these matters;
2) what revenue gure he assumed W on calculong that a social grant of
£20,000 would be needed to retain a Howick Edinburgh passenger rail ser
vice; on how many trains cach way per day the figure was calculated and
on has many passengers per day :
13) to what extent interest charges on past investiment were mcluded in
his cost figure when calculating the fecial grant nected to retain all
or part of the Waverley Line ;
whether he will indicate in the Official RipORT the nature of the repre-
sentations he received about the future of the Waverley Line from the
Scottish Transport Users Consultative Committee. the Scottish Council
Defelopment and Industry) and the Church and Nation Committee of the
Church of Scotland. respectively:
(5) in considering the closure of the Edinburgh-Hawick-Carlisle railway
line, what study was made of the possibility of re-routing all
Edinburgh-London, Euston, traffic on to this line; and by how much it
was estimated such a step would reduce the annual deficit on the
operation of the line
(6) whether he will have immediate discussions with British Railways
about the findings and recommendations con- cerning the relations
between his depart- ment and the Railways Board in the report. Transport
in the Borders, a copy of which has been sent to him;
(7) what recommendations were made to him by the Borders Economic
Consul- tative Group about the closure of the Edinburgh-Hawick-Carlisle
railway:
(8) what information he obtained, before approving the closure of the
line. as to the annual revenue from freight carried on the
Edinburgh-Hawick-Carlisle railway line to and from places on the
line/to route, and through this route, respec- tively, in each of the
last five years :
(9) before coming to a decision to approve closure of the line, what
informa- tion he obtained as to how many days in each of the last five
years the Edinburgh- Hawick Carlisle railway line was used as a relief
route for traffic diverted from other formal routes; and what revenue to
19 Dec 1968.
COL. 457 W
VOL. 7.75
Q1 A
sent b
Hong
в
241
CONFIDENTIAL
SAVING DESPATCH
HKK 14/15
From the Secretary of State for Foreign
and Commonwealth Affairs
To the Officer Administering the Government
of HONG KONG
Date 20 December 1968
No. 711
2.
Public Order Ordinance
Our Saving Despatch 406 of 27 June.
We should be grateful to know what stage has been reached in preparing a
draft Bill to amend the Public Order Ordinance on the lines proposed in
the above Saving Despatch and in the enclosure to Mr. Robert's letter of
16 February 1968 to Mr. Gordon- Smith.
t
R.F
Bree
I
Registry
No. HKK 14/15
SECURITY CLASSIFICATION
Secret.
Confidential.
PRIVACY MARKING
In Confidence
бол
DRAFT
To:-
1
Saving desfatch Type 1+ 5
OAG.
Hong Kong
No 911
DATE 2018 December 1968
From
Telephone No. & Ext.
Department
Public Order Ordinance
Our saving despatch 406 of
27 June.
2.
We should be grateful to
J
know what stage has been reached
in preparing the
a
draft Bill to
amend the Public Order Ordinance
on the lines proposed in the above saving despatch and in the
enclosure to
Mr. Robert's letter
(42) of 16 February 1968 to Mr
Prew Gordon- Smith
#519 12
Ed. (3746)
NOTHING TO BE WRITTEN IN THIS MARGIN
:
T
CONFIDENTIAL
CYPHER/CAT A
ROUTINE FOREIGN AND COMMONWEALTH OFFICE
ILEGRAM NUMBER
1669
TO HONG KONG
19 DECEMBER 1968. (HKK 1/12)
CONFIDENTIAL.
YOUR TELEGRAM NO 2276.
SEPARATE CONFINEMENT.
THANK YOU FOR THIS INFORMATION.
GRATEFUL TO RECEIVE, AS SOON AS THEY CAN BE PROVIDED, THE STATISTICS
REFERRED TO IN LATTER PART OF YOUR PARAGRAPH 1(2)(A) SINCE THE MINISTER
HAS UNDERTAKEN TO LET R ALLAUN HAVE THIS INFORMATION AS
SOON AS POSSIBLE.
STEWART.
FILES
HONG KONG DEPT. FAR EASTERN DEPT. NEWS DEPT.
MR. MORETON
NNNNN
RECEIVED IN ARCHIVES No. 31 - 1 JAN 1969.
HKIL 14/15
LAST
CONFIDENTIAL
CONFIDENTIAL
CYPHER/CAT A
ROUTINE HONG KONG
NO 2287
TO FOREIGN AND COMMONWEALTH OFFICE
23 DEC 1968.
CONFIDENTIAL.
YOUR TELEGRAM 1669.
6
I CONFIRM THAT SEPARATE CONFINEMENT HAS NOT SO FAR BEEN AWARDED TO
ANY PRISONER CONVICTED OF OFFENCES ARISING OUT OF THE 1967
DISTURBANCES
IR D. TRENCH
PILES
HONG KONG DEPT.
F. EAST, D. NEWS DEPT. 14. MORETON
NICKY/2S
CONFIDENTIAL
.
Hong Kong A4
1535
C.8. 201
2600100
100×106-11/62-1332005
5m
6-1-69
CONFIDENTIAL
bm the governer Hori
SAVINGRAM DESPATCH
& Commonwealth Affairs
To the Secretary * T****Ed Gde¥ K Koh
Repeated to:-
No....
4
No.
No.....
Heated to:-
Date
3.
My Reference
January, 1969. CR 3285/5711
Your Reference.......
וויו
&
Your saving despatch No. 406 of 27th June, 1968.
Public Order Ordinance.
I enclose two copies of a draft Public Order
(Amendment) Bill MAT together with an Explanatory Memorandum and the
Attorney General's
Comments. The criticisms of the Public Order Ordinance made by the Hong
Kong Branch of Justice have been taken into account and where possible
incorporated in the draft Bill, as have the contents of your saving
despatch No. 406.
2.
I should be grateful, however, to learn whether, in the
light of the further views set out in paragraphs 3, 7, 11 and 12 of the
Attorney General's Comments, you would be prepared to reconsider your
earlier advice on these aspects. You will note that, although in the
case of paragraphs 7 and 11 amendments on the lines you suggested have
been included in the Bill, I would greatly prefer to omit them as I
consider the Commissioner of Police's views have force. In the case of
paragraphs 3 and 12 no amendments have been included.
30
You will also wish to note that the Bill provides for the repeal of
section 49 of the Ordinance. This section's wide powers of entry and
search without warrant have attracted adverse comment.
4.
I should be grateful for your early comments on the
Bill, which I would like to introduce in the Legislative Council as soon
as possible.
IML/mjc
RECEIVED IN ARCHIVES NO. 31
- 7 JAN 1969
HKK14/15
CONFIDENTIAL
(50) Price
1
.22
A BI LL
To
Amend the Public Order Ordinance and to make consequential
amendments to the Trade Union Registration Ordinance.
Enacted by the Governor of Hong Kong, with the advice and
consent of the Legislative Council thereof.
Short title.
1. This Ordinance may be cited as the Public Order (Amendment)
Ordinance 1968.
Amendment of section 2. (Cap. 245).
2.
Section 2 of the principal Ordinance is amended by
deleting the definition of "meeting" and substituting the following
""meeting" means
(a) any gathering or assembly of persons convened or
organized for any purpose; and
(b) any gathering or assembly of persons, whether or
not previously convened or organized, at which
any person assumes or attempts to assume control
or leadership thereof,
but does not include any gathering or assembly of persons
convened or organized exclusively
(i) for the purposes of any public body; or
(ii) for the purpose of carrying out any duty or
exercising any power imposed or conferred by any
Ordinance;"
Amendment of section 3.
3. Section 3 of the principal Or dinance is amended
-
(a) in subsection (1) by deleting "if the display of any flag,
banner or emblem is, in the opinion of such police officer,
2
likely to cause or lead to a breach of the peace" and
Bubstituting the following -
"if such police officer reasonably believes that the
display of any flag, banner or emblem is likely to
cause or lead to a breach of the peace";
(b) in subsection (2) by inserting, before "necessary" in the
first place where it occurs, the following -
"reasonably".
Amendment of seotion 7.
4.
Section 7 of the principal Ordinance is amended -
(a) in subsection (2), by inserting after "procession" in the
second place where it occurs the following
-
"(or two days before a public procession solely
for the purposes of a funeral)",;
(b) in subsection (5) -
-
(1) by deleting "or" at the end of paragraph (b);
(ii) by deleting the full stop at the end of paragraph (c)
and substituting a semicolon; and
(111) by inserting thereafter the following new paragraphs -
+
(Cap. 132)
"(a) any public meeting held exclusively for
social purposes in any restaurant licensed
under the Public Health and Urban Services
Ordinance; or
(e)
any public meeting solely for the purpose
of a funeral,".
As dment of secti 9.
- 3 -
5. Section 9 of the principal Ordinance is amended
(a) by inserting after "to the final dispersal thereof," the
following -
"unless he is prevented from being so present by
reason of illness or other unavoidable cause,"}
(b)
by deleting "and the period of one hour imediately following
the final dispersal thereof
Amendment of section 11.
6. Section 11 of the principal Ordinance is amended in
subsection (2) by deleting "if the same is causing or is in his
opinion" and substituting the following
Amendment of section 12.
"if he reasonably believes that the same is".
7. Section 12 of the principal Ordinance is amended -
(a)
in subsection (2) by deleting paragraph (a) and substituting
the following
"(a) any public meeting or public procession for which
a licence is required under section 7 takes place
without such a licence;"
(b) in subsection (3) by inserting in paragraph (a) after
"assembly" the following -
", unless he proves that he did not know that it was
an unlawful assembly".
Amendment of section 14.
8. Section 14 of the principal Ordinance is amended in
subsection (1) by deleting "otherwise than in pursuance of lawful
authority" end cubstituting the following
-
"without lawful authority or reasonable excuse".
Amendment of section 15.
9. Section 15 of the principal Ordinance is amended in
subsection (3) by inserting efter "Any person who" the following
', after notice of a prohibition under subsection (1) has
been given,".
Amendment of section 18.
10. Section 18 of the principal Ordinance is amended -
(a) in subsection (1) -
(i) by inserting, before "manner", the following -
"disorderly";
(ii) by deleting "such assembly" and substituting the
following -
"such conduct";
(b) in subsection (3) by deleting "unlawful assembly" in the
first place where it occurs and substituting therefor the
following -
"assembly which is an unlawful assembly by virtue of
subsection (1)".
Amendment of section 23.
11. Section 23 of the principal Ordinance is amended by deleting
subsection (2) and substituting the following
5-
W
"(2) Nothing in this section shall make it an offence
for a person to enter upon his own premises if they are in
his possession or in the custody of his servant or agent.".
!
Amendment of section 25.
Section 25 of the principal Ordinance is amended by deleting
"a fight" and substituting therefor the following -
-
Amendment of section 26,
"an unlawful fight".
13. Section 26 of the principal Ordinance is amended by deleting
"or io likely" and substituting the following -
"or which he knows or ought to know is likely".
Amendment of Part V.
14. Part V of the principal Ordinance is amended in the heading
by deleting "AND INTIMIDATING ASSEMBLIES".
Repeal and replacement
of section 27.
15. Section 27 of the principal Ordinance is repealed and
replaced by the following -
"Intimidation.
27. (1) Any person who, with a view to
compelling any other person to abstain from doing
or to do any act which such other person has a
right to do or abstain from doing, without lawful
authority or reasonable excuse
(a) uses violence to or intimidates such
other person or his wife or children,
or injures his property;
(b)
persistently follows such other person
about from place to place;
(c) hides any tools, clothes or other property
owned or used by such other person, or
deprives him of them or hinders him in
--- 6 -
the use of them;
(a) follows such other person in a disorderly
manner in or through any street or road;
(e) watches or besets the house or other place
where such other person resides or works
or carries on business or happens to be
or the approaches to such house or place; or
(f) blocks or causes an obstruction in any
street or road,
shall be guilty of an offence.
(2) Any person who, without lawful authority
or reasonable excuse, does or says anything, or
hehaves in a manner, or utters or distributes any
publication, which is likely to make some other person
apprehensive as to what may happen
(a) to such other person or to any member of
the family or any dependent of such other
person;
(b) to any property, business, undertaking or
interest of such other person or of any
member of the family or any dependant
of such other person;
(c) to any building or place occupied by
such other person or by any member of
the family or any dependant of such
other person; or
Repeal of section 28.
16.
- 7·
(a) to any business or undertaking in which such
other person or cny member of the family or
any dependant of such other person is employed,
shall be guilty of an offence.
(3) Any person guilty of an offence under this