TNAG-0120-FCO40-156-Lord-Shepherd-s-visit-1969 — Page 77

Submission

Mr. Caer

Mr. Moreton

PUBLIC ORDER (AMENDMENT) BILL 1969

Problem

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The Governor of Hong Kong has forwarded for scrutiny a

draft Bill to amend the Public Order Ordinance 1967.

The

main purpose of the Bill is to amend the Principal Ordinance

in order to meet certain criticisms which have been levelled

at the latter by "Justice". The Bill also seeks to incorporate

into the Principal Ordinance certain provisions of emergency

legislation; and to ameliorate certain other provisions of the

Principal Ordinance which had previously been taken from

emergency legislation. The Bill goes a long way towards

achieving its purposes, but there are a few outstanding points

for which, after discussion with the Legal Advisers, we consider

that the Bill should provide.

Recommendation

2. I recommend that these outstanding points be put to the

Governor in terms of the attached draft Saving Despatch, for

his further consideration.

Background

3. The Hong Kong Public Order Ordinance was brought into

operation in November 1967 at the height of the disturbances

in the Colony. Its purpose was to consolidate into one

Ordinance the various provisions dealing with public order

and to strengthen the law where experience had shown this to

be desirable. Work on the preparation of the Ordinance had

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