TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 147

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mr. Moretón

Parliamentary Office

tary

with 9

Flag C

Flag D

This Question by Mr. Frank Allaun is a direct follow up to a Question which he asked on 19 December, 1968 and which was answered

by Mr. Whitlock. Since that Question was answered, we have

received from the Governor the draft of a Bill to amend the Public

Order Ordinance and that draft is now being examined by the Law

Officers. This examination is liable to be somewhat protracted and

I think that it would be unwise to refer to the receipt of the draft Bill from the Governor in reply to this Question. The safest course would be to give a formal answer that there is nothing to add to the

reply given to the previous question on this subject.

2.

The Hong Kong Public Order Ordinance (copy attached) came into operation on 17 November, 1967 at the height of the disturbances which took place in the Colony during that year. Its purpose was to consolidate into one Ordinance the various provisions dealing with public order and to strengthen the law where experience had shown

this to be desirable. Active work on the preparation of the

Ordinance had been in progress for at least two years prior to its

enactment. Account was taken in its drafting of the experience gained during the 1967 disturbances, but the Ordinance was not

designed for dealing with emergencies. Of the considerable amount

of emergency legislation which it was necessary to introduce in

Hong Kong as a result of the disturbances, the only emergency

regulations which have been incorporated into the Ordinance are

those dealing with the offences of intimidation and intimidating assembly. These have been powerful weapons in the hands of the

local communists in the overcrowded conditions of Hong Kong. The

provisions to deal with them were included only after the most careful consideration and because, so long as communist organisations continue to exist in Hong Kong, there will always be a danger of

intimidation.

13.

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