CO537-4835(2) — Page 13

in michnection (2)

means that

found reading some

any person

pamphlet or other

publication relating to an unlawful society will be presumed to assist in the management of such society. This ines thought to be rather harsh. The matter in not of great importance because the presumption may he rehuulted and also because it is unlikely that prosecution

would be ordered where the good forth of the person concerned is obvious.

3. Section 24. The proving suggented at (25) has not been included. The explanation put forward is that ito desirability is doubtful. This statement in most surprising because the section goes Against the basic principles of the law of evidence. It is unfair to convict

the strength of defendant

O

a

opinion expressed in some hook which the magistrate may consult without giving the defendant on the opportunity дітнийд of questioning such opinion, or of calling expert, or even of quoting an adverse

솨 to be noted that the section Jinien.

й

leaves the magistrate free to choosi

any

{

authority

am of opinion that this section should be toned down at the earliest opportunity by adding a provins the lines suggested at page of (25).

M. de Coman.

29.6.49.

Mr. de Comarmond has commented on three points in which the Societies Ordinance as passed (48) differs from his suggested redraft at (25) (which we sent out at 31).

The first point concerns Section 5(3) of the Ordinance. The Governor telegraphed about this one at (44). He considers it essential in present circumstances that it should be mandatory on the Registrar to refuse registration to the Societies connected with foreign political organisations instead of allowing him discretionary powers. We did not take this up with the

/ Governor