TNAG-0192-FCO40-228-Criminal-procedure-ordinance-discussions-1969 — Page 20

Mr. Carter

CONFIDENTIAL

14

RECEIVED IN

REGISTRY No. 51

- 2 JUL 1969

Discussions during Lord Shepherd's Visit

to Hong Kong June 1969

CRIMINAL PROCEDURE (AMENDMENT) ORDINANCE

There was some discussion of this with the Governor

and the Attorney-General in Lord Shepherd's presence.

2.

Lord Shepherd said that he was opposed to legislation being brought into effect only on the Governor's judgement since this implied a political factor.

3.

It was apparent that Hong Kong were not convinced by our arguments. They believed that our original Savingram was based on a misreading of the law. The Attorney-General said that while in the UK the judge had power to clear the courts under the common law,

there was some doubt whether

this obtained in Hong Kong. Moreover magistrates had been

chased from the buildings, not only the courts, during the

recent disturbances.

4.

It was left that we would inform the Legal Advisers of Hong Kong's continuing doubts after my return and that the Attorney-General would attempt to resolve the matter with them during his forthcoming leave in August.

In the meantime

They

would

not reply to on latest communication.

Tokorl

(J. O. Moreton)

2 July 1969.

1+KK 149 1.. Gary/mara.

R&R.

ANO 2.7.69.

24

CONFIDENTIAL