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Registry No. HKK 14/9
SECURITY CLASSIFICATION
Top Secret--
Søeret.
Confidential.
Restricted: Unclassified.
PRIVACY MARKING
In Confidence
3
DRAFT letter
To:-
Sir David Trench GCMG MC, Government House,
Hong Kong.
for signature by Sir Arthur Galsworthy.
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Type 1 +
Sa Ar
From
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Telephone No. & Ext. 7roon.
Department
Hong Kong
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I am sorry that have not been able to let you
have an earlier reply to your letter CR 9/6/3231/59
& Arthen dewall
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of 13 January about the Criminal Procedure (Amendment)
(No. 2) Ordinance, but our Legal Advisers have been
giving further thought to the matter in the light of the points raised in your letter. A
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know. Arthur
in
•
has been away
As regards the legal position, the statement in
the first sentence of paragraph 2 of our Saving
Despatch was based on a dictum of Earl Loreburn in
the House of Lords case Scott v Scott (1913) A.C.417
Jus Legal Adrmers say that at 445. The sentence was not intended to imply that
there were no common law exceptions to the general
rule.
I can assure you that we are only too well aware
third
of the practical difficulties to which you refer in
ん
your fourth paragraph difficulties which, we know,
are particularly enhanced by the special circumstances
in Hong Kong. It was in an effort to go as far as we
could in meeting those problems that we put forward
the proposals in paragraph 6 of our Despatch.
Se und
on So-for
as the latter of those proposals is concerned, we feel
that the point made in your fourth paragraph could be met
made by providing that the Governor would make his
Order only after the Chief Justice had requested him
to do so.
(118281) Dd. 391599 1,500M 2/69 Hw.
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