8
Mr Mal
xq
17 o6p.
Work you please refer to my comment in
The Noke bahind
paragraph 19
The effect of
©, at X. Thersin.
of suspected
The definition of
undesineth" as it stands at frisent, is, in my
opinion, that a potion offices, of any rank,
made the sole judg
judy of
"surpected unsesineth" — and
is
whether
a
not cay
fuson
is
that no
count
could
дов
aut
видніто
as
to the grounds for it.
behind his dreision,
vor
I do not foil happy about this; and I
on should go back to Hong Kong
Think
J.A. Bock. 23/5/50.
on it.
With respect, I venture to disagree with
Mr. Peck, and do not to Hong Kong on this
think that we should go back point.
The words to which Mr. Peck objects read in full "'suspected undesirable means an individual whom a police officer suspects would after a prescribed inquiry be found to be an undesirable". The words "prescribed inquiry" must surely be read with section 5 of the Ordinance which lays down the procedure to be followed in inquiring "into the matters by reason where of it is alleged that a person is undesirable" (section 5(1)). Section 5(2) lays it down that "such inquiry shall save so far as the contrary hereinafter appears be held in accordance with the procedure prescribed for the trial of summary offences under the Magistrates Ordinance, 1932". The whole point about this Ordinance is that it is only to be used in an emergency when "the security situation makes it essential to do so" (see (16)). Since the Ordinance is only to be used in an emergency we have agreed that normal judicial procedure should be superseded by the procedure laid down in sections 5(3) to 5(8)
/of