CO537-4835 — Page 51

associations which are not "societies" at all for the purposes of the Ordinance, because they have been declared to be political

associtaions under paragraph (r) of the definition of society in section 2. In the first place there might be criticism of the Governor in Council if he refused to make an order in respect

of an association which is undoubtedly political, even if ita activities may be prejudicial to public order. As paragraph (f) stands, it may be contended that the only duty of the Governor in Council in considering whether to make an Order is to ascertain whether the association is or is not political,. I suggest therefore, that the paragraph should expressly give the Governor in Council discretion. It might perhaps read -

"any association which the Governor shall be

satisfied is a political associtaion and shall, in his discretion, declare by Order in Council not to be a society for the purposes of this Ordinance",

It may perhaps be thought that such a provision is not required at all in addition to section 4(1), which enables the Registrar to exempt from registration, though the position of a society which is exempted under section 4 is not the same as that of an susociation which is not a society at all, and therefore excisely outside the Ordinance. because it has been declared a politioni association.

In

The above point affects all three territories. Singapore there is en additional difficulty affecting the Proposal that, where an association has already been excluded by order under paragraph (f), the order should be revoked, Buder Section 7 of the Interpretation. Ordinance the Governor in Connell is given power to revoke any Crder in Council;

but it might possibly be argued (a) ( not with much conviction) that revocation in this case would not alter the fact that the association has been declared a political association, and therefore would not change the status of the society for the purposes of the Ordinonce; and (b) (with considerable force). that, as suggested above, the Governor in Council is for the purposes of paragraph (f) only with the queation of fact whether an association le political, and that having made the Order he cannot revoke 1? unleas he is bona fide satisfied that the association has ceased to be political. If the paragraph were repealed, the Orders would of couree cease to have effect; but if it is to remeio, I suggest, in addition to the amendment proposed above, that a provision should be added to the effect that en Order under the paragraph, shall cease to have effect 11 the Govozuar in his discretion shell by Order in Council revoke the Order.

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Finally, there is a weakness in section 4(4) in that it is not clearly stated to whom it is to "appear" that the society is likely to be used for unlawful purposes, etc. It might be held that the right of appeal to the Governor ið Council under section 6. being permissive, äces not prevent the Registray's decision being challenged in the courts, and that

in that event it is open to the court to reach its own conclusion. This might be very embarrassing for the Government,

as they would be called upon to produce their evidence, would perhaps suffice to insert "to him after the word "appears"

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As regards the Declaration of Human Rights, I agree Mr. Galeworthy and have nothing to add to hle minute. Ende