TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 163

This provision taken from the Ponce Prosorvation Ordinance

has now boan extended to much wider circumstances than in its

original setting.

Whilst this may be justificable from the

point of view of police morale, do this the best way of ensuring

that cetion is kopt within the forms of the Orlimanco?

SOO

Emergency Roguletions Ordinanco

Conclusions

Circumstances in Hong Kang at prosent socm at this distance to

justify a comprehensive statement of police powers in relation to

public order. Temporary additonal powers which are for en emergency

situation should, it is thought, anpoar noro properly in Thertoney Regulation which the Covomor-in-Council has the wided power to rake.

The decision to put certain emergency powers on a permanent

basis is a serious ono which decorves public comment. Similarly the

innovations outlined above and cortain increases in penalties called

for Government explanation and public discussion. Failure to ting

this about seems in part the result of Goverment playing it cool

(which may bo justifică in the volatilo circumstancos) and partly

because other intorestod partics wore slow off the marks. Thore appears

to be justification in the view that an Ordinace of this conscquence

did have en inadequate airing,

But to press for disallowance seems the least eccoptable stop

since any action which can be construed as bearing the implication that

the Home. Government is not supporting the local Government completely

in dealing with the situation is not likely to bo countenanced.

Where does seem room however for the local committeo to preduce

a review of the Ordinance and constructivo proposals for amendment.

}