TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 118

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been in progress for more than two years prior to its enact-

ment; account was taken in its drafting of the experience

gained during the 1967 disturbances, but the Ordinance was

not designed for dealing with emergencies.

The Governor

sought the views of the Department on the draft of the

Ordinance before its enactment and the matter was given

careful and prolonged examination in the Commonwealth Office

before the draft was agreed to. Shortly after the enactment

of the Ordinance the Reform Club of Hong Kong (an organisation

of some 5000 paid-up members) submitted a petition to

Parliament (copy attached) on the subject of the Ordinance,

through the medium of Mr. John Rankin M.P. The petition

asked for the Ordinance to be disallowed. The Ordinance has

also been the subject of two Parliamentary Questions by

Mr. Frank Allaun (copies attached); both of these questions

were concerned with the burden of proof being placed on the

authorities.

Argument

Incorpo- 4. The extent to which the draft Bill seeks to incorporate ration of

Certain Emergency

provisions of emergency legislation into the Principal Ordinance

Legisla- is very limited indeed; it is confined to Clauses 20, 21, 22 tion.

and 26 and consists of the following provisions:

(1)

Section 36 of the Principal Ordinance enables the

Governor by order to declare any area or place to

be a "closed area", and Section 37 sets out the

procedure for the issue of permits to persons

wishing to enter or leave such an area. Clause

20 amends Section 36 to require any order

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