TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 130

CONFIDENTIAL

be desirable to have a separate clause to deal with the subject. Grateful if this matter may be given further

consideration.

4. Section 11(2): (paragraph 7).

It is difficult to make any differentiation in principle between this section and section 3(1),

to

which reference is made in paragraph 4 of the Attorney

General's comments. It should not be difficult for a

Police Officer of the rank of Inspector or above to

make up his mind in relation to a public meeting or

procession whether or not he has reasonable grounds on

which to act; and with the backing of section 53 he

should be able to act quickly and decisively without

doubt as to the exercise of his powers under this section. It would therefore be difficult to justify

1 deleting clause 6 of the draft Bill and we very much

hope that you can see your way to retaining the clause.

5. Section 12(3)(a): (paragraph 8).

to

The proposed addition to this section, as provided for by clause 7(b) of the draft Bill, does not alto-

gether meet the point raised in paragraph 14 of "Justice's" memorandum which was accepted by the

Attorney General in his comments on that memorandum. A person may be in an assembly and may know that it is an unlawful assembly, but although desiring to get

away, be unable to do so owing to the pressure of the

crowd. Yet even with the amendment proposed in the

draft Bill he would be guilty of an offence. This could

give rise to the claim that although the criticism raised by "Justice" on this section had been accepted,

as evidenced by the proposed amendment, the amendment

had not in fact effectively dealt with that criticism.

Secone It would accordingly be appreciated if further consid-

eration could be given to this clause also.

6.

Section 18(1): (paragraph 11).

It is accepted that it would be possible for a

group of people to intimidate others without acting in a disorderly manner, and it is suggested that the use of the phrase "in a disorderly or intimidating manner" would meet the point.

2

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN