30th June, 1969
13
Thank you for your letter of 7 June concerning the Hong Kong briminal Procedure (Amendment) (No. 2) Ordinance.
I understand that John Moreton, while in Hong Kong, arranged for this matter to be discussed here with Denis Roberts some time next month, and I hope that we will then be able to agree to some form of compromise. I am still of the opinion that this ordinance goes too far, particularly, as I understand the position under common law, a court may be cleared when it becomes necessary in order to administer justice, but under this ordinance has power to clear the court if it is considered that it may become necessary in order to administor justice.
We are, of course, familiar with the cases you cite in your letter but we have not been able to trace "The Colonial Office Model Penal Code". I have no recollection of ever having seen this Model and it has probably been lost during the several moves we have had during the last few years.
Could you arrange for a copy of the relevant provision of the Code to be sent to me?
I have just received your letter of 24 June and the necessary action will be taken on it.
10
17
Sir Michael Hogan, C.M.G.,
Chief Justice's hambers, Court of Justice,
Hong Kong.
(A. Grattan-Bellew)
nuller
sel Nw A.UQ (FS)
bu 16.7.69 (for Mr Robarti
amoel).
This file will then be required by Sir A. Grattan-Bellew as
ANG
1.7,69.
IT Rushford.
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