TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 116

NOTHING TO BE WRITTEN IN THIS MARGIN

which I should like to comment. In relation to

Section 12 of the Ordinance, the appraisal refers to the

innocent

possibility of ^ parties becoming involved with the

exercise of police powers. It should be noted however,

لمة

that Section 12 cannot be invoked until after offence

has been committed under some other section (Sections

6,7 or 11). Moreover, in commenting on Section 28

the appraisal overlooks the fact that this section,

does not apply

unlike Section 12, it je het applied where persons are

merely forming part of, as opposed to taking part in,

an assembly. I do not propose to comment on the other

points of detaily raised in the appraisal, except to say

that the Ordinance is based very largely on the

provisions of permanent legislation which have been

in force in other territories for some time.

Finally, it appears from one particular passage

in the appraisal that its author had not seen the record

of the debate in the Legislative Council.

I am

accordingly enclosing a copy of that record for your

information and would invite your attention to the speech

of the Attorney General when moving the second reading

of the Bill. You will note that the Attorney General

indicated that any representations which may be made in

the future by any reputable organisation in relation to

the Ordinance /will be fully and carefully considered.

I apologise for the length of this letter but

im

I felt it only right that you should be fully

acquainted with the circumstances in which the Public

Order Ordinance has been enacted.