fluous, because a person who takes part in such an assembly can be
-18-
prosecuted for taking part in an unlawful assembly. Consequently,
clauces 17 and 18 seek to repeal sections 28 und 30.
16.
The effect of the amendent to section 31 of the principal Ordi-
nance, contained in clause 19, is to require the Commissioner of Police
to serve notice of cancellation of a curfew permit on the permittee.
17.
Section 32 enables a person charged witlı carrying an offensive
weapon durin: a curfew to put up the defence that he had a reasonable
excuse for so doing. This adds to the existing defence of lawful
authority. (Clause 20).
18.
Clauses 21, 22 and 23 amend Part VII of the principal Ordinance,
which deals with closed areas. In future a closed area order made under
section 35 must be published in the Gazette although the order will be
effective from the day on which it is made. The proposed subsection (3)
of section 36 deals with the closing of closed areas by the erection of
barriers or other means, The new subsection (2) of section 37 provides
for the issuing of permits to enter non-military closed areas by the
Commissioner of Police or by such other authority or person as is autho-
rized for that purpose in the closed area order. By the new section
37(4),
notice of cancellation of a permit must be given. The powers of arrest
contained in subsection (1) of section 39 are extended to enable a ¿vard
(defined in the new subsection (4)) to arrest any person about to commit
any offence within a closed area. The definition of "guard" will ensure
that, in an emergency, closed areas may be guarded by persons other than
police officers and members of the armed forces.
19.
Section 40 is amended so as to empower the Governor to autho-
rize the Commissioner of Police to appoint, in writing, any person as a
special constable. (Clause 24).
20
Clause 25 makes a number of minor drafting amendments to
section 4.
www
- 19.
21.
Section 449 of the crincipal Criinanco is repealed by clause 26,
This conferred unusually vide povers of search and entry on police
officers and it is now considered that the powers conferred by the
Police Force Ordinance and at cermon law should prove sufficient. It
is replaced by a coction in auch narrower terms, empowering membera of
Her Majesty's forces and police officers, in specified circumstances,
to require a person to identify himself.
22.
Clause 27 adds a new section 50A, which makes it an offence
for a person to obstruct a member of Her Majesty's forces, a member of
the Royal Hong Kong Defence Force or any other person acting under a
power or duty conferred or imposed on them by the Ordinance. In Hong
Kong, military personnel in times of disturbance work in conjunction
with the police and it is considered desirable that they should have a
measure of protection from obstruction.
23.
Ordinance.
Clause 28 makes a consequential amendment to the City Hall
Attorney General.
Reference..
30
Mr. Rushford
You may wish to refer this file to Sir Arthur Grattan-Bellew who has
previously dealt with it.
2.
In January of this year Hong Kong sent us a draft bill to amend their
Public Order Ordinance. The bill was designed to meet various criticisms
which had been levelled at the principal ordinance by "Justice". The
bill went a long way towards meeting those criticisms, but after
studying it we went back to Hong Kong in May with certain queries (ace
saving despatch at (22) When Sir Leslie Konson visited Hong Kong in
October he discussed the matter with the Governor and the latter's
advisors: it is clear from Sir Leslie's note at the end of the brief at
28 that Hong Kong were ready to meet all the points that we had raised.
3. le hr.ve now received the further draft bill enclosed with the Hong
Kong saving despatch at (29 From a study of this bill it appears to me
that Hong Kong have, in fact, virtually met us on all points. For ease
of reference I attach front cover, a copy of the principal ordinence and
a copy of the carlier draft bill.
at
4. The only particular points to which I would invite attention are as
follows:-
5.
(a)
I have underlined in pencil on the revised draft bill behind (29)
passages which are new. They appear to be unobjectionable.
(b) Clause 26 of the revised bill repeals and replaces section 4 of the
principal ordinance. The background to this amendment is set out in (25)
on HK 14/20 attached.
(c) Clause 28 of the revised bill provides for a consequential amendment
to the City Hall Ordinance. This had previously been
mentioned.
not
Subject to your views I think that we can now tell Hong Kong that so far
ar we are concerned their rvised bill is acceptable. We cannot of course
foretell what further points may be raised in Hong Kong by the Bar
Association, the Law Society or the
Hong Kong Branch of Justice, to all of whom a copy
of the bill has been sent for comment.
Mr. Gaminara
忪
(A. W. Gaminara)
21 November, 1969.
Ir gamma wishford, the he went on leave, asked
Mr. Ruckford,
me to deal with than
papus.
Jagree the reused Billis aceptable, 26/49 ad frattar Bellur
Foreign and Commonwealth Office London S.W.1
CONFIDENTIAL
SAVING DESPATCH
HKK 14/15
From the Secretary of State for Foreign and Commonwealth
To the Governor, HONG KONG
28 November, 1969
No. 532
Affairs
Your Saving Despatch No. 1262.
Public Order Ordinance
I am most grateful for the action taken in your
revised draft Bill to meet the points raised in my
Saving Despatch No. 208.
2/12
LAST
REF.
(29)
NEAT
RCF.
In request to 200 the file when it retumed to Regustin
2
31
171
Registry No. HKK 14/15
DEPARTMENT
Hong Kong
SECURITY CLASSIFICATION
Date and time (G.M.T.) telegram should
reach addressee(s)
PRIORITY MARKINGS
(Date)
Despatched
Ty=kxcret
Blach
Secret
Immediate
Confidential
Restricted
Reusing
Kloclassified
784
CYPHER
Security classification -if any
D
PRIVACY MARKING
[Secu
In-Confidence
En-Clair.
Code-
Cyther
[
Privacy marking -if any
]
CONFIDENTIAL
....
у
Bay
16
NOTHING TO BE WRITTEN IN THIS MARGIN
ACTING GOVERNO.
KONG
.........ILALLLLL
(date)
Draft Telegram to:- Acting Governor Hong Kong
No
[Codeword-if any]
Addressed to
telegram .............
766
And to
(Date).../12 repeated for information to
And to:-
Saving to
HATA HAIHAATHINAIKINAIAAAI
Repeat to:-
Following Parliamentary Question by John Rankin
is for oral reply on 8 December.
"To ask the Secretary of State what consultations
he has had with the Government of Hong Kong in order to
increase the rights of public assembly."
Saving to:-
2.
Distribution:--
files
Copies to:-
HKD
Parliamentary Off Mr. Godden
In the light of your Saving Despatch No. 1262 we
are proposing to submit reply along following lines:
"As a result of consultations that I have had
with the Governor, a draft Bill to amend the Public
Order Ordinance has been prepared and has been referred
to certain interested bodies in Hong Kong. The Bill is
designed to ameliorate certain provisions of the
Ordinance in their application to public assemblies."
3. Since draft Bill has been referred to organisations
mentioned in your Saving Despatch it would be difficult
in replying to supplementaries to refuse to disclose
any of the Bill's contents. Would you see any
objection to such disclosure if this were sought and,
M
(11516) Dd.3192077 300m 10/68 G.W.D.Ltd Cip 863
if not, suggest extent to which such information might
be given?
4.
Grateful to learn earliest whether you agree with
suggested lines of reply and for any material which
might be useful for supplementaries. It would also be
helpful if you could give us some indication of date
when Bill is likely to be introduced in Legislature.
怔
2.12.69.
NOTHING TO BE WRITTEN IN THIS MARGIN
4
1
J
CYPHER/CAT A
CONFIDENTIAL
IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TELEGRAM NUMBER 766
CONFIDENTIAL
100 COPY
TO HONG KONG
2 DECEMBER 1969 (HKK 14/15)
32)
ULLOWING PARLIAMENTARY QUESTION BY JOHN RANKIN IS FOR ORAL REPLY
ON 8 DECEMBER.
• TO ASK THE SECRETARY OF STATE WHAT CONSULTATIONS HE HAS
HAD WITH THE GOVERNMENT OF HONG KONG IN ORDER TO INCREASE THE RIGHTS OF
PUBLIC ASSEMBLY,"
2. IN THE LIGHT OF YOUR SAVING DESPATCH NO. 1262 WE ARE PROPOSING TO
SUBMIT REPLY ALONG FOLLOWING LINES :
AS A RESULT OF CONSULTATIONS THAT I HAVE HAD WITH THE
GOVERNOR, A DRAFT BILL TO AMEND THE PUBLIC ORDER ORDINANCE HAS BEEN
PREPARED AND HAS BEEN REFERRED TO CERTAIN INTERESTED BODIES IN HONG
KONG. THE BILL IS DESIGNED TO AMELIORATE CERTAIN PROVISIONS OF THE
ORDINANCE IN THEIR APPLICATION TO PUBLIC ASSEMBLIES.'*
3. SINCE DRAFT BILL HAS BEEN REFERRED TO ORGANISATIONS MENTIONED ##
YOUR SAVING DESPATCH IT WOULD BE DIFFICULT IN REPLYING TO
SUPPLEMENTARIES TO REFUSE TO DISCLOSE ANY OF THE BILL'S CONTENTS. WOULD
YOU SEE ANY OBJECTION TO SUCH DISCLOSURE IF THIS WERE SOUGHT AND IF NOT,
SUGGEST EXTENT TO WHICH SUCH INFORMATION MIGHT BE
GIVEN ?
4. GRATEFUL TO LEARN EARLIEST WHETHER YOU AGREE WITH SUGGESTED LINES
OF REPLY AND FOR ANY MATERIAL WHICH MIGHT BE USEFUL FOR SUPPLEMENT-
ARIES. IF WOULD ALSO BE HELPFUL IF YOU COULD GIVE US SOME INDICATION
OF DATE WHEN BILL IS LIKELY TO BE INTRODUCED IN LEGISLATURE,
STEWART
FILES
HONG KONG DEPT PARLIAMENTARY UNIT
P.S. TO LORD SHEPHERD
1
33
CONFIDENTIAL
CYPHER/CAT A
IMMEDIATE HONG KONG
TELEGRAM NO. 897
CONFIDENTIAL
TO FOREIGN AND COMMONWEALTH OFFICE
4 DECEMBER 1969
1.
CONFIDENTIAL
32)
ADDRESSED FCO TELNO. 897 OF 4TH DECEMBER.
YOUR TELEGRAM NO. 766.
PARLIAMENTARY QUESTION.
RECEIVED IN REGISTRY No. 51
4. DEC 1969
HICK 14/15
ALTHOUGH THERE IS NO EVIDENCE OF THIS IT WOULD PERHAPS BE PRUDENT
TO ASSUME THAT RANKIN MAY HAVE A COPY OF THE DRAFT BILL IN HIS
POSSESSION, AND SUPPLEMENTARIES MAY THEREFORE RELATE TO SPECIFIC
PROVISIONS MADE OR NOT MADE IN THE BILL.
2. IF YOU AGREE, I SHOULD PREFER THE REPLY TO BE ON SLIGHTLY
MORE FORTHCOMING LINES, AND SUGGEST THE FOLLOWING FOR CONSIDER-
I
ATION:-
THE GOVERNOR HAS HAD UNDER REVIEW VARIOUS PROVISIONS OF THE PUBLIC
ORDER ORDINANCE, INCLUDING THOSE WHICH REGULATE PUBLIC MEETINGS,
PROCESSIONS AND PUBLIC ASSEMBLY. THE REVIEW WAS INITIATED TO
TAKE ACCOUNT OF COMMENTS ON THE ORDINANCE MADE BY VARIOUS INTERESTED
PARTIES IN HONG KONG, AND I HAVE BEEN CONSULTED DURING THE REVIEW
PROCESS. A DRAFT BILL HAS BEEN PREPARED WITH THE PURPOSE OF
CLARIFYING SOME PROVISIONS IN THE PUBLIC ORDER ORDINANCE ABOUT
WHICH DOUBT HAD BEEN EXPRESSED AND OF RELAXING OTHERS IN ORDER
TO GIVE BETTER PROTECTION TO THE PUBLIC AGAINST ANY MISUSE OF
POWERS OR AGAINST THE POSSIBLE CONVICTION OF PERSONS INNOCENTLY
INVOLVED IN CIRCUMSTANCES WHICH CONSTITUTE OFFENCES UNDER THE
ORDINANCE. THE BILL HAS BEEN REFERRED FOR-COMMENT BY CERTAIN
INTERESTED BODIES IN HONG KONG. WHEN THEIR COMMENTS HAVE BEEN
RECEIVED AND CONSIDERED THE USUAL PROCESS OF PUBLICATION OF THE
/BILL
CONFIDENTIAL
CONFIDENTIAL
-2-
BILL FOR GENERAL INFORMATION WILL TAKE PLACE BEFORE IT IS
INTRODUCED INTO THE LEGISLATIVE COUNCIL.
3.
YOU WILL BE AWARE OF THE RELATIVELY COMPLEX PROVISIONS OF THE
BILL AND OF THE ORDINANCE THAT IT SEEKS TO AMEND, AND YOU MAY
AGREE THAT IT WOULD THEREFORE BE PREFERABLE TO AVOID AS FAR AS
POSSIBLE VOLUNTEERING INFORMATION ON THE DETAILED CONTENT OF
THE BILL, IN ORDER TO AVOID THE RISK THAT AN ORAL REPLY ON
LEGAL PROVISIONS OF SOME COMPLEXITY AND DELICACY MAY BE MISUNDER-
STOOD OR INCORRECTLY TRANSMITTED TO THIRD PARTIES. IT MAY'
THEREFORE BE ADVISABLE TO ASK FOR NOTICE OF DETAILED POINTS
RAISED IN SUPPLEMENTARIES THOUGH I CAN SEE NO OBJECTION TO YOUR
CONFIRNING, IF ASKED, THAT THE REQUIREMENT CONCERNING LICENSING
OF MEETINGS REMAINS, BUT THAT THE DRAFT, IF APPROVED, WILL HAVE
THE RESULT OF EXCLUDING CERTAIN MEETINGS, FOR EXAMPLE, FUNERAL
MEETINGS OR MEETINGS FOR THE PURPOSE OF CARRYING OUT DUTIES OR
POWERS CONFERRED BY ANY ORDINANCE (SUCH AS CREDITORS MEETINGS)
SEMI COLON ALSO THAT IN A HUMBER OF CASES SPECIFIC PROVISION
WILL BE MADE TO INTRODUCE THE DEFENCE OF LAWFUL AUTHORITY OR
REASONABLE EXCUSE, SO AS TO AFFORD PROTECTION TO PEOPLE UNINTENT-
IONALLY OR INNOCENTLY INVOLVED IN OFFENCES ASSOCIATED WITH
UNLAWFUL ASSEMBLIES,
IF YOU ARE ASKED TO IDENTIFY THE BODIES TO WHOM THE DRAFT BILL
HAS BEEN REFERRED YOU MAY FEEL THAT YOU WILL HAVE TO DISCLOSE
THIS INFORMATION, THOUGH I SHOULD PREFER IF YOU DID NOT VOLUNTEER
THE INFORMATION, SINCE THIS IS MERELY LIKELY TO RESULT HERE IN
THEIR BEING ASKED PREMATURELY BY THE PRESS TO COMMENT PUBLICLY
ON A BILL THAT HAS NOT YET BEEN PUBLISHED. IF THE QUESTION IS
CONFIDENTIAL
/RAISED
CONFIDENTIAL
HONG KONG TELEGRAM NO. 897 TO FCO
-30
RAISED AND HAS TO BE ANSWERED, I HOPE THAT YOU WILL BE ABLE
TO EMPHASISE THAT CONSULTATION WITH THESE BODIES IS BUT A
PRELIMINARY TO PUBLICATION FOR GENERAL INFORMATION AND TAKES
ACCOUNT OF THE FACT THAT IT WAS THESE BODIES THAT MADE SPECIFIC
AND DETAILED CRITICISMS OF THE PRESENT ORDINANCE, SO THAT IT IS
PROPER THAT THEY SHOULD FIRST BE AFFORDED AN OPPORTUNITY TO
COMMENT ON THE BILL.
5. IF THE MORE GENERAL POINT IS TAKEN THAT THE LICENSING PROVIS-
IONS SHOULD BE ABOLISHED ALTOGETHER I SUGGEST THAT YOU SHOULD
REPLY TO THE EFFECT THAT NO RESPONSIBLE BODY IN HONG KONG HAS
CEVIED THE NEED FOR SUCH PROVISIONS, REASONABLY DEFINED, AND THAT,
IN VIEW OF THE EVENTS OF 1967, IT IS CERTAIN THAT PUBLIC OPINION
IN HONG KONG WOULD OPPOSE ABOLITION.
I CANNOT INDICATE A DATE FOR INTRODUCTION OF THE BILL INTO
LEGISLATIVE COUNCIL. THERE HAS SO FAR BEEN NO RESPONSE FROM THE
BODIES TO WHOM THE BILL WAS REFERRED, AND THEY MUST CLEARLY BE
ALLOWED SUFFICIENT TIME TO FORMULATE THEIR VIEWS. THERE IS NO
INDICATION WHATEVER OF PUBLIC INTEREST HERE IN THIS MATTER AT
THE PRESENT TIME.
SIR H. NORMAN WALKER
FILES
H.K.D.
PARL. UNIT
P.S. TO LORD SHEPHERD
CONFIDENTIAL
*La./Co.
Mr. John Rankin (Glasgow, Govan): To ask the Secretary of State for
Foreign and Commonwealth Affairs, what consultations he has had with the
Government of Hong Kong in order to increase the rights of public
assembly.
8th December 1969
I have been consulted by the Governor in the
preparation of a draft Bill to amend the Public
Order Ordinance.
One of the purposes of the Bill
is to ameliorate some provisions of the Ordinance
relating to the rights of public assembly.
Hi Merth
Thy Rest the bereit pl. A 9/19
вебастре
K.I.V. receipt of enacted Ordinance for
desallowwer ((29) refers).
B.u. one
ARG
5,12,69.
पति
now
肌
1
46
الغذا
REFERENCES
A | A. Hansard Commons 5 December, 1967, Column 249
B. Hansard Commons, 12 December, 1967, Columns 178-179
Hansard Commons, 19 December, 1968, Column 451 W
Hansard Commons, 10 February, 1969, Column 880
Flag B
Flag C
C.
Flag D
D.
NOTES FOR SUPPLEMENTARIES
Licensing of Public Meetings and Processions
1. The Bill does not envisage any change in the present
requirement that, with certain exceptions, a licence must
be obtained for the holding of a public meeting or procession,
No responsible body in Hong Kong has denied the need for this
requirement.
2. Under the Ordinance public meetings held exclusively for
religious purposes or in a licensed place of public
entertainment do not require a licence. The Bill will extend
this exemption, for example to any public meeting held
exclusively for social purposes in any licensed restaurant
or solely for the purpose of a funeral.
3.
There is a right of appeal to the Governor against any
refusal to issue a licence or against the conditions attached
to such licence.
Ameliorating Provisions of the Bill
4. The Bill reduces the discretion conferred by the
Ordinance on police officers in the exercise of their powers
to stop or disperse public meetings or processions.
/ 5.
10
5.
It seeks to safeguard the position of innocent bystanders
who may unintentionally become involved in circumstances
constituting an offence.
Consultation with interested bodies
6. The Bill has been referred to certain interested bodies
in Hong Kong, for their comments before it is published for
general information. These are bodies which have made
detailed criticisms of the Ordinance.
7.
To be used only if pressed? The bodies concerned are
the Hong Kong Bar Association, the Law Society of Hong Kong
and the Hong Kong Branch of Justice.
Date of Publication of Bill
8. I cannot indicate a date for publication.
The bodies
to which the Bill has been referred will need time to present
their views.
Need for powers to control public meetings and processions
9. In Hong Kong's densely crowded conditions, large crowds
can gather very quickly and the activities of trouble-makers
can lead without warning to widespread disturbances. It is
necessary to be able to exercise control over public meetings
and processions at all times. The Ordinance is designed to
meet this need on a permanent basis.
Emergency Legislation
10. There is no emergency legislation in force relating to
public assemblies.
Reply to Supplementaries requesting detailed information on
public assembly or other provisions of the Bill
11. The draft Bill is a complex one and in order to avoid
any possible misunderstanding in these short exchanges I
would ask the hon. Member to await its publication.
:
33
Oral Answers
34
kind, with reasonable opportunity for people to gather together in this
British dependency to enjoy a little British liberty?
Oral Answers
8 DECEMBER 1969
representations from the ambassador of the United Arab Republic on the
subject. Her Majesty's Government recognise that the Sinai Peninsula and
its terri- torial waters are under the sovereignty of the United Arab
Republic, even though at present military forces of Israel are in
occupation and control of the peninsula.
Sir Dingle Foot: I thank my hon. Friend for that reply. Does he agree
that long-term projects of this sort initiated in occupied territory
have the most serious implications, tending to show that the Israeli
Government have no intention of complying with the United Nations
resolution and leaving the occupied territory? Will he make clear that
the British Government do not aprove of any form of participation by a
British firm in projects such as these?
Mr. Luard: I agree with my right hon. and learned Friend that such a
develop ment does have serious implications. I have already told him
that we are look- As ing into the matter for this reason. regards the
legal rights and wrongs, my right hon. and learned Friend probably knows
that this matter either is already or may shortly be the subject of
legal proceedings. For that reason, I imagine that he will not expect me
to comment at this time on the legal rights and wrongs.
Hong Kong
(Rights of Public Assembly)
46. Mr. Rankin asked the Secretary of State for Foreign and Commonwealth
Affairs what consultations he has had with the Government of Hong Kong
in order to increase the rights of public assembly.
Mr. Luard: We have been consulted by the Governor in the preparation of
a draft Bill to amend the Public Order Ordinance. One of the purposes of
the Bill is to ameliorate some provisions of the Ordinance relating to
the rights of public assembly.
Mr. Rankin: Is my hon. Friend aware that that is quite good news? Can he
say whether the discussions will reach a stage when we can say that
three people are no longer a crowd and four have ceased to be a mass
demonstration? Can we look forward to a situation of that
7 D 75
Mr. Luard: I have already told my hon. Friend that the provisions of the
new Ordinance will in many ways improve the existing situation. It is
designed to give better protection for the public against any misuse of
powers or possible conviction of persons innocently involved in a
situation which constitutes an offence under the Ordinance.
South Africa (Mr. Philip Golding)
50. Mr. Peter M. Jackson asked the Secretary of State for Foreign and
Com- monwealth Affairs whether he will instruct the new British
Ambassador to South Africa to make further representations to the Union
Government on behalf of Mr. Philip Golding.
Mr. Luard: Representations have been made on behalf of Mr. Golding by my
right hon. Friend the Foreign Secretary to Dr. Muller on two occasions.
The South African authorities have now said that Mr. Golding will be
released after giving evidence at the trial which is taking place in
Pretoria.
Mr. Jackson: While thanking my hon. Friend for that reply, may I ask,
never- theless, whether he has had his attention drawn to the statement
by Chief Justice Bekker on 1st December, that Mr. Golding would be
released if his evidence were satisfactory? In other words, this young
man is placed in an impossible position. If he gives evidence for the
Crown he will be released. He is therefore intimi- dated. My second
question to my hon. Friend is to ask him whether, in view of the
comments recently made by Sir John Nicholls, our retiring Ambassador, he
is entirely satisfied on the nature of the representations which have
come from the Embassy?
Mr. Luard: My attention has not been drawn to the first point which my
hon. Friend referred to, and I will certainly look into it. As to his
second point, we have had no evidence that there is any dissatisfaction
with the representations which have been made on behalf of Mr. Golding.
(14)
¡
DATE & DEC 69.
CCL.
VOL
33-34
793
fot
Q&A sent
A. Wry Hang
11/1
wril (34
Mr. Carter
certer
Mr. Wikordi
132 4/12
Parliamentary Office
tor orrice
The attached Question by Mr. Rankin relates to the Hong Kong Public
Order Ordinance which inter alia includes provisions for the control of
public meetings and processions. As indicated in paragraph 3 below, Mr.
Rankin has shown a previous interest in this legislation. Since the
legislation