8. But the threat of violent communist methods being used again in and it seems a Hong Kong is a potential rather than a present one;
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debatable point that provisions which interfere so basically with British legal principles on "mens rea" are required at the present time or at any time other than during a period of communist violence to meet which eventuality they could be introduced under emergency regulations, For inclusion in permanent legislation there must be a continuing need for such powers for the purpose of maintaining law and order: it is not sufficient to say that they will make the task much easier.
9. It cannot be argued in Hong Kong that we have been inconsistent in this matter. Precisely the same principle is at issue on Section 12(3)(a) of the Ordinance, where the proposed Hong Kong amendment does not go far enough and we have asked the Governor to look at it again. Paragraph 5(a) of the submission and paragraph 5. of Saving Despatch No.208 are relevant (copies attached).
10. Conclusions
(a) There is nothing unusual in the use for offensive purposes
of articles primarily intended for innocent use.
(b) The resort by communists to violent methods is a potential
threat of an exceptional nature to law and order in Hong Kong. But such methods are not currently being employed and a return to using them is not seen as a likely develop- ment at the present time.
(c) Before provisions involving so far reaching an interference with British legal principles on "mens rea" are embodied in permanent law, a continuing need for them should be
established.
There is no such need at present.
(a) The wider definition of "offensive weapon" should be
introduced under emergency regulations when the maintenance of law and order is threatened by an organised campaign of violence.
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Lord Shepherd
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