CO129-616-4 Public Order Ordinance- 1948 13-11-1948 - 7-2-1949 — Page 6

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Under Section 10, a person accused of using firearms unnecessarily, and therefore charged with manslaughter, would only have to say that it appeared to him necessary to fire, and that would be an end of the matter. I think this difference must be a slip, but it is nevertheless a very important one.

If there were no references to firearms, I think these sections would authorise their use "if"necessary": should not that be sufficient? The words in parenthesis seem to me a dangerous invitation to use firearms where there is no real need to do so.

In view of the correspondence about the Protected Places (Safety) Ordinance, it is perhaps surprising that the Secretary of State was not consulted before this Ordinance was enacted. On the other hand, I would refer to the proposal to send a circular despatch to Colonial Governments, suggesting that they should ensure that they have sufficient security powers; nevertheless I do not think that the power to use firearms as conferred by Part II of this Ordinance is contemplated.

With regard to X in Mr. Sidebotham's minute, we frequently have surprising legislation to which no objection has been taken in Colonial Legislatures.

S 23/12/48.

I think an should

ack

them to

Correct

10/2). But I fell that to

amend the Ordinance generally

xas

to withdraw the power given for the use

would be interpreted at

of picamus would be

present

an an

and

indication of weak mus

I would therefre

would be highly damaging to

public morale.

Fell the Gov. of the doubts which have

been expressed

and ade

that

the

malter

may

be reviewed whene

June

settled

conditions

are

restored. Meanwhile,

be

administrative directions should

issued

to the police as to the cricumstances

in which there powers may

in practice.

powers may be invoked

6.8.8.8.1.49.

I agree, kes 10/1 al- once