Mr. Gamynana Please have registered
& rears to
K.271; P. Ron Commie Prociones Onducive file
to ime.
ANG,1/6/69
CHIEF JUSTICE'S CHAMBERS,
COURTS OF JUSTICE.
HONG KONG.
10
PERSONAL & CONFIDENTIAL
Sir Arthur Grattan-Bellew, C.M.G.,
The Commonwealth Office,
Downing Street,
LONDON, S.W.1.
Denn balker.
7th June, 1969.
May I refer to our conversation on the Hong Kong Criminal Procedure (Amendment) (No.2) Ordinance, when I was recently in London.
On my return, I discovered that I had been under something of a misapprehension when discussing the matter with you as I thought you would have received from Hong Kong a despatch, which I had seen in draft form, referring to certain cases and precedents which it was thought had a bearing on the matters in question. These included R. v. Governor of Lewes Prison Ex Parte Doyle (1917 2 K.B. 254) and the Colonial Office Model Penal Code. Since I returned, I have learned that the draft despatch had not been sent and I am afraid that as a result a part of our discussion proceeded under something of a misapprehension.
However, this may not, as I see it, greatly affect your point that both in international gatherings and in the United Kingdom, whether in the House of Commons or amongst the general public, there is grave suspicion of any provision which is expressed to permit secret trials and convictions and that, consequently, however apposite the precedents, it would be desirable to eliminate such provisions from our legislation and seek to achieve what we had in mind by provisions dealing with contempt of court.
Whilst doubting whether S.122 could be classed as authorizing secret trials in view of the liberty given to the press, I appreciate that S.123 is more restrictive and I said that I would explore this suggestion with Denys Roberts on my return. On the way back to Hong Kong I was wondering, however, whether we might not do better by relying on unrestricted common law powers. This might involve removing from our legislation or modifying any provisions now restricting those powers such as S.11 of the Magistrates Ordinance. This might have the disadvantage, as against the present Ordinance, of curtailing the power of the judicial authorities to keep clear the approaches and precincts
MALMLY NO.51 12 JUN 1969
нк
MKK 14/9
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