TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 155

JUSTICE

Kemorandum on the Public Order Ordinance 1967 of Hong Kong

Tho Public Order Ordinanco 1967 is an ordinance to

"Consolidato and amend the law relating to the maintenance of

public order, the control of organisations, meetings, placos

vossola and Aircraft, unlawful assemblies and riots and matters

incidontal thereto or connected therewith"

元

2.3

The bill was first publishod in the Government Gazette on 6th October

1967 and became law upon November 15 having apparently boon put through all its

stages in the Legislative Council in the twelve days immediately precoding

that date.

The Hong Kong Branch of Justice are now seeking the help of Justice in

London to secure the disallowance of the Ordinanco in order that it can be

referred back to liong Kong for detailed discussion.

Tho major contention appears to be that the bill was so rushed through

the Lobislative Council that interested parties lackod adequate time for its

consideration. But other assertions have been made which should be examined

is that the Ordinance is contrary to the fundamental principles of Eritish

justice, particularly in that innocent parties may be adversely affected by

reason of unnecessarily wide police powers.

1.

Spood of logislation

There were some five and half weeks between the initial publication of

the bill and the completion of the third roading. The first public reactions

appear to have occurred in early November, 1.0. almost a month aftor its

publication: the controversy and press comment omorgod at the time the bill

was passing through the Legislative Council. It is not clear at what stage

Justico (II.K.) became interested but it sooms that the decision to review

the terms of the Bill was taken only when the Bill was already on its way

through Legislative Council.

The debate in the Legislative Counoil seems from second hand sources

to have been in general terms without section by sootion discussion. No amond-

monts appear to have been proposed or at least made. There is sono suggestion

that the bill was thought by at least one Councillor to be non-controversial.