TNAG-0120-FCO40-156-Lord-Shepherd-s-visit-1969 — Page 87

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

(Flag

Justice's

44

reasonable criticisms of the

Original Ordinance, Legal adriers are

Satisfied on this score

subyeed to the

points we are raving with the Governor.

One of

our reservations concerns Section 12 of the original Ordinance (see para 5 of The draft Saring despatch); we still do not think the proposed amendments to this. Section entirely meet Justice's criticism that

provision does

away

the requirement that Guilty intent should exist before an offence can be committed. We believe Mr. Allann

Inis

had this found in mind when asking his "P.c.s about the burden of froof". (The Same point arose on Section 30 of the original Ordinance but this is being repealed by the Cumending Bill.) Sif the Governor can hacet

is

on this and the other points we have

5 consider we can properly claim

raised

to have met all reasonable criticisms of

The legulation.

b.5. Carter

....

Mr. Moreton

29/4/69

:)

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