CO537-4835 — Page 14

found reading some

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in sihre time (2) means that any person

michnection

pamphlet or other publication relating to an unlawful society will be presumed to assict in the management of such society. Thisines thought to be rather harsh. The matter in not of great importance because the presumption may he reluitted and also because it was unlikely that prosecution

would be ordered where the good forth 1of the person concerned is obvious.

a

3. Section 24. The proving msgested 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 opinion expressed in some hook which the magistrate may consult without giving the defendant on the opportunity of questioning such opinion, or of calling

expert, even of quoting an Jinion. It is to be noted that the nection leaves the magistrate free to choose

any "authority".

Oy

an adverse

am of opinion that this

section should be toned down at the earliest opportunity by adding a provins the lines suggested at page 7 of (25).

MM. de Comann.

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