Commonwealth.
St is
also
acceptable in the UK.
Say with any certainty that violent madhords to
not agami be used by the Communuts in
адам
or other parts of
12
Care
that are cannot-
will
Hong Kong
(with
with mgh
methods
Pote
We
thurh
HAA
a return to violent
21- the
There
are
Therefore Today and
an urately development
present time).
for the foreseeable future fairly exceptional
The threat to law and order in
Circumstances in
ih
8.
But
The
Hong Kong,
threat of violent communist
(being nadagamin Hong Kong
a potential rather
than a
deb atabl
metho els
ん
present one;
Gumal
it-
Seeme
point
banically with
pronicaples
on
that frormons which interfere
10
amorata Butuh legal
H
mens
rea
are required at
the present-
time
timme other
any
12an during
a period of
Communist
violence
10
meet-
which eventualetiy
12em
regulations.
conex
the introduced under emergency
For inclusionm
in fermament
there must the
legulation
for such powers
a continum
ume; need
for the purpose of
mantaning law and order
to say
t is hon-
make the
will make
sufficient
that them
task
much easier,
q
Cannot
the
arquet in Hong Kong
that
ave
have
been inconsistent in this matter.
Precisely the
Same
pronicaple is
out essive
Section 12 (3) (4) of the
Ordinance, where the
proposed Hong Kong amendment
doen nof
The subon
5-(d) of
MY JOYN
para 5 of Sourmes
Desplich No. 208
are relevant f (conces attached).
go far enough
amal
to look at it again
we have asked the Governor topoor or attachiol
༼ ༡
A com of the
submmaci (paras 5 (d) interent) esta
attached together
and of
om
Sarma Despatch
No. 208 (par).
10.
Conclusions
(al
There is nothing unusual
in the love for
امام
Mfensive purposes of articles primarily intended for minocent use.
The resort by communists to violent methods of using whatever articles
come to _band) is a potential threat of an exceptional nature to law and
order Hong Kong. But such methods
currently being employed
Curt
h-
and
a return
to in
using
them
i not seen
Qu
Labely
(c)
(c)
development at the present time.
involving so for reaching,
Before prevesions involving
interference with Bookish legal firmicples
on
#
went rea
farmanent law,
are embosted in
a continuing need for them
should be established. There is no such
beed at-present.
#
The wonders definition of " offerine weapon
Should be introduced under emergency
requlations when the manténamu
law and
order is threatened by Compragh of violence.
am
organned
гу
ATTORNEY GENERAL'S CHAMBERS
HONG KONG
1st May, 1969.
Sir James McPetrie, K.C.M.G., O.B.E.,
Legal Adviser to the Secretary of State, Commonwealth Office,
Downing Street,
LONDON, S.W.1.
Original a 41C11 18/11
Dear Hamish,
Hong Kong Legislation.
We have noticed that, in recent months, the timo taken to obtain the
comments of the F.C.0. on Bills and othor legal matters seems to have
become longer than usual. The following are examples
Xx
"
!!
-
Application of Copyright Act 1956 Bill sent to
S. of S. on 10/2/68.
Hong Kong (Non-Domiciled Parties) Divorce (Amendment)
Rules sent on 9/10/68.
Extension of Merchant Shipping (Load Lines) Act 1967 -
sent on 17/10/68.
Illegal Strikes and Lock-outs (Amendment) Bill sent
on 28/11/68.
Consular Relations Bill - sent on 9/12/68.
Public Order (Amendment) Bill - sent on 3/1/69.
Do you think you could possibly try to got those items moving? I
appreciate, of course, that your pooplo may be over- worked, but these
long dolays do sometinca produen difficultion for us.
Jaus
lubs,
Your Denghoberts
(D.TE. Roberts) Attorney General.
HKIL 14/15
LAST
THES
25
r
25
24
Wreft an HKK W/L
Dear Roberts.
Foreign and Commonwealth Office
London S.W.1
16 May, 1969
I am replying to your letter of 1 May to McPetrie (who is on leave) in
which you raise the question of the delays encountered in obtaining the
comments of the F.C.0. on Bills and other legal matters sent to us from
Hong Kong.
The items that you list in your letter range far beyond the purely legal
field and are the responsibility of a number of different departments in
the Office. I therefore thought it best to bring your letter to the
notice of thoso departments and this I have done.
In your letter you mention the dates on which the different
communications relating to the various matters raised were sent to us;
and the implication s00M3 to be that Hong Kong are still awaiting
replies to those communications. However, I understand that in certain
cases replies have already been sont although finality may not
necessarily have been reached. For example, in the case of tho Hong Kong
(Non-Domiciled Parties) Divorce (Amendment) Rules, a reply was sent to
Hong Kong in our Saving Despatch No. 122 of 24 March 1969; in this
particular caso the necessary statutory instruments are now being
printed and the matter should soon be concluded. So far as the Consular
Relations Bill is concerned, I gather that Russell of our Consular
Department commented at length in a letter to Maddocks at the beginning
of this month. You sent us your Illegal Strikos and Lockouts (Amendment)
Bill as long ago as last November, but Foggon, the Overseas Labour
Adviser, has since visited Hong Kong and has discussed with your Labour
Department the difficulties presented by the proposed legislation. The
latest communication on this subject is our telegram No. 315 of 12 May.
As regards the Extension of Xerchant Shipping (Load Linos) Act 1967,
this has involved protracted consultations with the Board of Trade and
it is proving difficult to reach agreement with them. The department
concerned have expressed their regret for failing to send an interim
reply to Hong Kong, but thoy cannot hold out any hope that an early
conclusion will be reached in this matter.
The Application of Copyright Act 1956 Bill and the Public Order
(Amendment) Bill both have strong political implications which require
consideration at Ministerial level. In addition, the Copyright Act has
raised issues of policy which have been the subject of protracted
correspondence with the Secretariat. cannot say how long it will be
before you receive a reply on this particular matter, but I understand
that a saving despatch dealing with the Public Order (Amendment) Bill is
expected to issue within the next week or two.
H
or
The truth of the matter is that none of the issues which you mention in
your letter is straightforward: they are all either fairly complex in
themselvos; they have a very strong political content; or they have
necessitated prolonged consultations with other Departments of H.M.G. I
am sorry if the delays in reaching finality are causing you
inconvenience but they are not, as you will appreciato, due to lack of
activity here.
The Honourable D.T.E. Roberts, 0.3.E., Q.C.
Yours sincerely Hugh
རིམ་བ
Enley
(H.L.M. Oxley)
LAST
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26
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7th June 1969
Ongenal
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1119
I shall have to follow up most of the points which arose here after my
return, but in the meantime here is some advance information on one or
two subjects.
18/11
Emergency Regulations (Brief No.7) I have discussed with the Attorney
General the point made in the draft letter from Arthur Galsworthy to the
Governor about the Principal Emergency Regulation No. 96. He accepts the
proposed change in the definition of the powers conferred on police
officers to require people to identify themselves. As Lord Shepherd had
no points to raise on the brief I think that the draft letter could now
issue, provided the last paragraph is amended to imply con- firmation of
this discussion
би
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30.6.
the 10.9.09
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19/8.69
10/7/69.
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19.6 69.
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Representations from the local bar discussed with the Goverpór, the
Chief Justice and the Attorney General along the lines of the brief. The
Attorney General was concerned that Hong Kong had not had copies of all
the correspondence and Indeed that de Basto vas n direct communication
with Lord Shepherd. However on the substance therems agreement that a
slightly more forthcoming reply could be sent so as not to exclude the
possibility of appointments from the local bar at some time in the
future. I enclose a copy of a revised draft which was agreed here, and
Lord Shepherd/should be asked to sign on his return. It was considered
preferable that the letter should not be sent to de Basto from here. the
letter has been signed, copies of it and of/related correspondence
should be sent to the Governor.
Public Order Ordinance Lord Shepherd has agreed to the definition of an
offensive weapon desired by the Hong Kong Government.
When
Is the question of the Kai Tak extension is more
urgent I shall be sending you a telegram about this.
SAVED IN
REGISTRYN bi
(JOHN)
18 JUN 1969
W.S. Carter Esq., 0,
Foreign & Commonwealth Office.
на
MIK 14/15
CONFIDENTIAL
VISIT OF DEPUTY UNDER-SECRETARY OF STATE
(SIR LESLIE MONSON)
TO HONG KONG, OCTOBER, 1969
EMERGENCY LEGISLATION AND THE PUBLIC ORDER
ORDINANCE
Note No. 7
BACKGROUND
Emergency Legislation
Nearly all emergency legislation in Hong Kong has now been either
revoked or suspended. This applies both to
emergency legislation which, for one reason or another, had
been in force prior to the disturbances of 1967 and to the
considerable body of such legislation which was brought into
force during 1967 in order to deal with those disturbances.
The only emergency legislation now in force in the Colony is confined to
the Emergency (Detention and Deportation of Aliens) Regulations (which
have been in force in one form or another since 1956 and which, in the
particular circumstances of the Colony, are required on a permanent
basis because of the virtual impossibility of deporting anyone to
China); and to a dozen other regulations which will be either revoked or
discontinued as soon as their provisions have been incorporated in
permanent legislation. None of these remaining Regulations is of a
contentious character.
Public Order Ordinance
2. The Public Order Ordinance was brought into operation in November
1967 at the height of the 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 had shown this
to be desirable. Work on the preparation of the Ordinance had been in
progress for more than two years prior to its enactment; account was
taken in its drafting of the experience gained during the 1967
disturbances. The Governor sought our views on the draft Ordinance
before its
/ enactment
CONFIDENTIAL
CONFIDENTIAL
see hik
i
7A
enactment and the proposed legislation was given careful and prolonged
examination in the Commonwealth Office before it was agreed to. Shortly
after its enactment the Ordinance was strongly criticised by "Justice".
It was also the subject of a petition to Parliament by the Reform Club
of Hong Kong (an organisation of some 5,000 paid-up members) which was
submitted through Mr. John Rankin, M.P. In February 1969 Mr. Frank
Allaun asked two Parliamentary Questions about it.
Amending Bill
3. In January 1969 the Governor forwarded a draft Bill to amend the
Principal Ordinance, the main purposes of which were to meet the
criticisms of "Justice"; to incorporate into the Ordinance certain
provisions of emergency legislation (see paragraph 1 above) and to
ameliorate certain other provisions of the Ordinance which had
previously been taken from emergency legislation. The Bill goes a long
way towards achieving its objects, but there are a few outstanding
points for which, after discussion with the Legal Advisers, we consider
that the Bill should provide. These points were set out in our Saving
Despatch to Hong Kong No. 208 of 22 May, 1969, (copy attached).
4.
Points to be raised
There are no matters calling for comment so far as emergency
legislation is concerned.
5. Matters now in issue are related to the Public Order Ordinance and
are confined to those raised in our Saving Despatch No. 208. (The point
dealt with in paragraph 2 of the Saving Despatch has already been
resolved since Lord Shepherd agreed, during his visit to Hong Kong in
June, to accept the Governor's views.) It is likely that the Hong Kong
authorities will resist some, at least, of the remaining proposals in
our despatch. There is reason to believe that differences of opinion
have arisen between the Attorney General and the Commissioner of Police
on these points, the latter being more
likely to offer the stronger resistance.
6.
A reply to our Saving Despatch has now been outstanding
for
CONFIDENTIAL
CONFIDENTIAL
for more than four months (during part of which the Attorney General has
been on leave) and we are anxious that the amending Bill should become
law as soon as possible, to avoid renewed criticism of the legislation
in Hong Kong and here in Parliament. If a suitable opportunity arises in
Hong Kong,
it might be asked when we may expect to receive a reply.
7. Briefing material has not been supplied for detailed
discussion of the outstanding points. In our view such
discussions should be avoided since much of the argument turns
on technical legal considerations and any counter-arguments
advanced by Hong Kong would have to be carefully considered
by Legal Advisers here.
Hong Kong Department October, 1969
چا
and
and ho
Amenduaci decussed in Amendmentó
defined a greamer the shad
C
funt exceper 5.7
05.11(2)
#har Polin setten
differences
Pam G
Exco.
CONFIDENTIAL
Reference...
with (2)
Ha Carter.
The
2619
I attach a draft brief
Public
the
fir Laske. Monson
on
سمكرها
draft brief & background
note
Onder
Ordinence & mergency legislation. The two
could easily be commer
into one
that is considered, prefirelle.
DALE
25-9-69.
note of
Let then be run
Ar. Graford
together.
I have rearranged
them.
H.K. Dept.
29
Mr 2%
Registry No.
SECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential.
Restricted. Unclassified.
PRIVACY MARKING
In Confidence
11⁄2 spacing
(118281) Dd. 391599 1,500 2/69 Hw.
NOTHING TO BE WRITTEN IN THIS MARGIN
20.9.69.
DRAFT
To:-
CONFIDENTIAL
Type 1 +
will
From
Telephone No. & Ext.
Department
(27)
Annex Ag Note No.
7
VISIT OF DEPUTY UNDER-SECRETARY OF STATE
SIR LESLIE MONSON)
TO HONG KONG, OCTOBER, 1969
EMERGENCY LEGISLATION AND THE PUBLIC ORDER
ORDINANCE
BACKGROUND
Emergency Legislation
Nearly all emergency legislation in Hong Kong has
now been either revoked or suspended.
This applies both
to emergency legislation which, for one reason or
another, had been in force prior to the disturbances of
1967 and to the considerable body of such legislation
which was brought into force during 1967 in order to
deal with those disturbances. The only emergency
legislation now in force in the Colony is confined to
the Emergency (Detention and Deportation of Aliens)
Regulations (which have been in force in one form or
another since 1956 and which, in the particular circum-
stances of the Colony, are required on a permanent
basis because of the virtual impossibility of deporting
anyone to China); and to a dozen other regulations which
will be either revoked or discontinued as soon as their
provisions have been incorporated in permanent legisla-
tion. None of these remaining Regulations is of a
contentious character.
/Public
CONFIDENTIAL
NOTHING TO BE WRITTEN IN THIS MARGIN
W(B)L 51-7406
CONFIDENTIAL
Public Order Ordinance
2. The Public Order Ordinance was brought into
operation in November 1967 at the height of the
disturbances in the Colony. Its purpose was to
consolidate into one Ordinance the various pro-
visions dealing with public order and to
strengthen the law where experience had shown
this to be desirable. Work on the preparation
of the Ordinance had been in progress for more
than two years prior to its enactment; account
was taken in its drafting of the experience
gained during the 1967 disturbances.
Governor sought our views on the draft
The
Ordinance before its enactment and the proposed
legislation was given careful and prolonged
examination in the Commonwealth Office before
it was agreed to. Shortly after its enactment
was strongly the Ordinance became the target of considerable
critichem which wee levelled at it by "Justice".
It was also the subject of a petition to
Parliament by the Reform Club of Hong Kong (an
organisation of some 5,000 paid-up members)
which was submitted through the medium of
Mr. John Rankin, M.P4 and it was the subject of two Parliamentary
Questions In February 1969
Mr. Frank Allaun asked two P.Q's. oubout it.
Amending Bill
3. In January 1969 the Governor forwarded
a a draft Bill to amend the Principal
5
which were to
Ordinance, The main purp
purposed
rposes of the Bilt were
to amend the Ordinance in order to
CONFIDENTIAL
meet