TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 108

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Mr. Carter

In view of Mr. Cruchley's attached minute of 14 May, it would seem that the words "or suitable" should be retained in the definition of "offensive weapon". But in view of Lord Shepherd's comments as contained in Mr. Godden's minute of 9 May, I do not think that we can issue the attached draft Saving Despatch without amending paragraph 2 of that draft to take account of the Minister's views. I have accordingly attached an alternative paragraph 2 to the draft suggesting that this particular point should be discussed with Lord Shepherd during his forthcoming visit to Hong Kong. There is a possi- bility that this might lead the Governor to raise with the Minister all the outstanding points dealt with in the draft, but that would be for the Governor to decide. It would in any event be

advisable for a copy of the attached submission to be included with the other briefing material now being prepared for the Minister's visit, together with a short covering note mentioning Lord Shepherd's query and giving the Legal Advisers' views on it as set out in Mr. Cruchley's minute.

(A. W. Gaminara) 14 May, 1969

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Mr. Moreton

You have seen Mr. Godden's minute of 9 May recording Lord Shepherd's views on the definition of "offensive weapon" in the Public Order Ordinance. The legal adviser concerned (Mr. Cruchley) has

commented in his minute of 14 May; he observes

that this is primarily an issue of policy.

2.

The history of this provision is that "Justice"

commented adversely on this widening of the definition (paragraph 5 of their memorandum). On considering these views the Attorney-General indicated his

readiness to accept the objections raised and to delete the words "suitable for". But in his report

on the amending Bill he indicated that it was

proposed not to delete these words and stated the

reasons for this. Sir Arthur Grattan-Bellew, who originally advised on the Bill, considered (paragraph 2(1) of his minute of 10 March) the reasons convincing and suggested we should agree to the definition standing as worded in the original Ordinance.

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