TNAG-0120-FCO40-156-Lord-Shepherd-s-visit-1969 — Page 80

personnel frequently work with the Police in times

of disturbances and it is considered desirable

that they should have a measure of protection

from obstruction in the exercise of their duties.

It is not considered that any of the above Clauses give cause

for any objection.

Justice's 5. The Principal Ordinance was the subject of considerable

Criti-

cisms

FLAG F

TE/i. Trev

42

criticism by the Hong Kong branch of 'Justice'.

This criticism

was set out in a comprehensive memorandum sent to the Depart-

ment by Justice which has received close examination both by

our own Legal Advisers and by the Attorney General in Hong

Kong. Justice's main criticisms were concerned with the

increased powers given by the Ordinance to Police Officers

in order to strengthen the hands of the latter in dealing

with lawless elements in the community; and with certain pro-

visions which created offences in connection with unlawful

assemblies and which, in the view of Justice, were such as to

do away with the requirement that guilty intent should exist

before an offence could be committed. The Bill seeks to

rectify the position to the maximum extent possible whilst

retaining for the police those powers which they must have

in order to deal with disturbances in the particular circum-

stances of Hong Kong. But there are a few outstanding matters

of which the following call for comment:

(a) Section 2 of the Ordinance defines an offensive

weapon as "any article made, or adapted for use,

or suitable, for causing injury to the person

4

CONFIDENTIAL