رہو گے
Reure. To me on the pps.
GOVERNMENT HOUSE
CR 9/6/3231/59
2071/69
HONG KONG.
13 January, 1969
(3
ི་
See [1913] A.C.445
But he does just-12 is when
The invokes
emergency jicwers y to the same affect!
Dear Arthur
I would be grateful if you would have a look at your Saving Despatch No. 663 of 25th November 1968 which was so critical of our Criminal Procedure (Amendment) (No.2) Ordinance, 1968.
We are, I
am afraid, not at all happy about this despatch, both from a legal point of view and also because it doesn't seem to have fully grasped the sort of problems we have had to deal with to keep the courts running effectively here.
So far as the law is concerned, the Attorney General advises that the assertion in the despatch that "it is the inveterate rule that justice shall be administered in open court, apart from cases of parental jurisdiction and powers conferred by statute" is not a correct statement of the common law position.
From a practical point of view, the despatch does not seem to take account of the difficulties which we faced in 1967 and 1968 and which might well recur. The only effective way of preventing direct clashes between mobs and magistrates was to keep them apart, by closing the courts.
Surely the proposal in paragraph 6 of the despatch that the Governor should be able to decide when the Judiciary may exercise the powers conferred by the section will be attacked as giving the Governor power to interfere with the Judiciary in the running of the courts?
We are, of course, preparing a full reply to the despatch, to be sent if necessary. However, I can only see this leading to long and possibly acrimonious arguments and I would much rather, if it were possible, see the despatch quietly forgotten, or at least modified.
LAET
RTF
RE:
Sir Arthur Galsworthy, K.C.M.G.,
Yours ever Что
Darich.
Foreign and Commonwealth Affairs Office, London, S.W.1.
RECEIVED IN MCHIVES No.31
-21 JAN 1969
HKIL 14/A
Page 60Page 61
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