CONFIDENTIAL
Governor), its provisions in certain respects represented a
departure from the fundamental principles inherent in the
British system of justice and that further amending legislation
#4 # new pan would accordingly be required to remedy the situation. This
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Despatch occasioned a reply from the Governor in the form of
a letter to Sir Arthur Galsworthy (copy attached) in which he
queried the conclusions in the Despatch both on legal and prac-
tical grounds. In Sir Arthur Galsworthy's absence, Mr. Moreton
replied to the Governor in a letter dated 8 May (copy attached)
in which he mentioned that our Legal Advisers were taking advan-
tage of the presence in London of Sir Michael Hogan
Justice, Hong Kong, to discuss the matter with him. In the
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course of these discussions, which subsequently took place, our
Legal Advisers explained the difficulties with which we were
confronted in the matter and the course of action which had been
suggested to the Governor in order to remedy the situation.
These are set out in detail in the Despatch. The Chief Justice
mentioned that he had been consulted over the preparation of the
draft Bill: he appeared to favour our suggestion that as part of
the action which we were now proposing (paragraphs 6 and 7 of
the Despatch), consideration could be given to giving District
Judges and Magistrates wider powers for dealing with contempt
(although not so wide as those of the Supreme Court). But he
thought that our proposal that the provisions of the Ordinance
should come into force only when so ordered by the Governor,
after receiving a request to that effect from the Chief Justice,
might meet with difficulties. This was because such a procedure would encourage 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.
Bir Michael Hogan returned to Hong Kong -
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shortly after these discussions took place.
Hong Kong, you
1969
CONFIDENTIAL
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