TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 140

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(4) Hong Kong's proposed addition to section 12(3)(a) does not really cover the point made by Justice and accepted by the Attorney-General in his note on Justice's comments under the

heading paragraphs 13 and 14. A person may be in an assembly and know that it is an unlawful assembly and, 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 Bill he would be guilty of an offence. If this is the only amendment to be made to this provision, Justice will have the opportunity of saying by making an amendment you accept our criticism, but your amendment does not deal with it. I suggest the Hong Kong Government be asked to give further consideration to section 12(3). (52 Justice suggested that in section 18(1) the words "noisy, disorderly or intimidating" should qualify the word "manner". We suggested that it would be sufficient to refer to conduct in a "disorderly manner" on the ground that the word "noisy" was too vague and that intimidation is covered by the word "disorderly". The Com issioner of Police points out, in my view rightly, that a group of people could intimidate others without acting in a disorderly manner. I suggest that the solution is to use the phrase "disorderly or intimidating manner".

(6)

We suggested that there should be an element of mens rea in order to establish the offence of riot under section 19. I would have thought that section 19 was aimed at persons actively taking part in an unlawful assembly, that is to say people who would be fairly easily noted by the police and not aimed at those who willingly or unwillingly are caught up in the assembly. There are other provisions of the law to catch the latter categories. Here again perhaps you would consider consulting the Secretary of State's Police Adviser as the Attorney-General grounds his objection to making the amendment on the opposition of the police.

Room 44/2, Downing Street (West),

Main B. Ext. 1090.

1. Pratton Bellews

a. 1.

(A. Grattan-Bellew) 10th March, 1969