TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 156

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2.

The local branch of Justico suggests that this is evidence of "eithor com-

pleto irresponsibility [by the Government] or a doliborato attempt to stiflo

offootivo expression of the views of the public." Dut rithout sono indication

of the usual length of debate, the normal length of time between publication and

enactment and any reasons for any urconcy (such as the local emergency) stated

by the Government, it is difficult on the evidence supplied to support this view,

Whilst adnitting tho spocial responsibility of a non-oloctivo legislature to take

account of public opinion otherwise than by representation and its unusual

importance in the mattor of personal liberty it should bo added that many

representativo and single chambor legislatures of the smallor Commonwealth

territoritics usually complete the logislative process excoedingly rapidly.

In itself, the contention that the Ordinance was prooipitataly mactod âs

not, it is suggested, sufficiently supported for Justice (U.K.) to intervane.

2.

Constitutionality of the Ordinanca

The Hong Kong Constitutional instruments do not embody a Bill of Rights

nor any special procedures for the passage of particular types of legislation.

There is a power in the Governor in Legislative Council to "mako laws for the

peace, orlor and good government of the Colony" subject to a full power of

disallowance.

Cortain categories of bills must be reserved for Crom assent (Royal Instructions 1917, as amonded) but none appears to have been involved here.

There appear to be no grounds for attacking the constitutionality of

tho Ordinance.

3.

Objections to the content of the Ordinance

The law relating to publio order and the like which oxisted before... the

Ordinance in questim was contained both in permanent legislation and the

common law and in temporary regulations nede under Emergency Fovers.

without the lattor the existing law gwo much more extensive polico' powers than

in the United Kingdon, in some instancos differing therofron in matters of princialo. (o.g. all public processions and meetings requirod permits from tho