TNAG-0112-FCO40-148-Detainees-and-prisoners-following-19671968-disturbances-1969 — Page 156

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

amendments to Sections 28 and 30 of the principal Ordin- ance save that a consequential amendment was recommended to the proposed amendment to the said Section 28 to bring it in line with the Sub-Committee's recommendation to the proposed Section 27(d).

Dealing with Section 10 of the proposed Bill which pro- posed the repealing of Section 31 of the principal Ordinance the Sub-Committee was satisfied with the proposed Section 31(a), (b), (e) and (f) subject to an amendment to sub- section (b). The Sub-Committee was of the view that sub- section (d) was unnecessary in view of the aforesaid pro- posed amendment to sub-section (b) and recommended that sub-section (d) be replaced by:-

"(d) he has satisfied the terms of the undertaking required to be given under Section 27(d)"

The Sub-Committee discussed sub-section (c) in detail and was undecided as to whether this sub-section ought to be deleted. The Sub-Committee felt that there were advan- tages to have this sub-section but was also of the view that it was objectionable in principal to require barristers to have a practising certificate. A detailed discussion of the subject of practising certificates is outside the scope of this report.

The following further general points were also passed on to the Legal Department for consideration:-

1. That legislation provide for Barristers to have exclu-

sive right of audience in the Supreme Court.

2. That a Disciplinary Committee of practising Barristers be given limited disciplinary powers, with a right of appeal to the Full Court.

3. Protection of the Bar Committee in the exercise of

its duties.

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