TNAG-0192-FCO40-228-Criminal-procedure-ordinance-discussions-1969 — Page 32

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

CONFIDENTIAL

request to that effect from the Chief Justice, might meet with

This was because such a procedure would encourage

difficulties.

the Press to expect that trouble was imminent whenever such an

order was made and from this point of view it would be better

if the powers conferred by the Ordinance were permanently

available.

6.

On the face of it this last argument seems open to question.

One would not expect an order to be made until incidents had

occurred and the courts' contempt powers were shown to be

inadequate to deal with the situation. Surely in this situation

it would be plain to all that "trouble" was already at hand? It

seems more than likely that there would already be in force other

measures (e.g. emergency provisions) to indicate to the Press a

deteriorating situation.

Hong Kong Dept. May, 1969

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