TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 136

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Reference..

Sir Arthur Grattan-Bellew.

Please see the Deputy Police Adviser's minute 13 of 13 March with reference to your own minute of

M/E

10 March.

2.

I attach a draft Saving Despatch to Hong Kong which deals with the points raised by the Governor in his Saving Despatch at (8) and with points which we raised in our Saving Despatch at (50). I invite particular attention to paragraph 7 of the Despatch which relates to the point raised in the first sentence of paragraph 2 of the Deputy Police Adviser's minute. This is a point which we had not previously taken, although it is raised in paragraph 20 of "Justice's" memorandum.

3.

There are one or two other matters which do not appear to have been dealt with in minuting and which I mention here merely to make sure that no further action is required on them:

(a)

(70)

Section 11(3) of the Ordinance:

paragraph 13 of "Justice's" memorandum) Does this section not require an amendment similar to that provided to Section 11(2) of the Ordinance by clause 6 of the draft Bill?

Section 12(2): (paragraph 14 of "Justice's" memorandum)

We did not deal with "Justice's"

criticism that this section makes an unlicensed or a disobedient assembly of three or more persons an unlawful assembly without any need to show the possibility of a breach of the peace, which is otherwise required ünder section 18. Presumably it is con- sidered unnecessary to do this since the assembly is in any event unlicensed or disobedient?

(c) Section 27: (paragraph 32(i) of

(a)

"Justice's" memorandum,

This section imports into the substan- tive law certain provisions of emergency legislation. Hong Kong do not appear to have commented on "Justice's" suggestion that the words "he knows or ought to know" should be inserted in every case where the mere possibility of intimidation is an ingredient of an offence.

Section 37: (paragraph 42 of "Justice's" memorandum,

Does not this section require an

amendment similar to that provided to

section 31 by clause 18 of the draft Bill?

4.

Perhaps you would be good enough to vet the draft Saving Despatch and to say whether or not any of the above points are worth pursuing.

Will you

also please advise whether you consider that we can, at this stage, give the Governor any sort of conditional undertaking that the draft Bill,

if

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