TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 150

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

C.S. 20E

2600100

100x100-11/62-B32805

24.

CONFIDENTIAL

SAVINGRAM DESPATCH

•m the Governer Fog & Commonwealth Affairs To the Secretary or Technical Cooperation

Repeated to:-

"peated to:

Jom Size

No..

4.

No.........

No...

Date 3

My Reference..

January, 1969. CR 3285/5711

II

Your Reference...

8

8//

8

(бо вн

Your saving despatch No. 406 of 27th June, 1968.

Public Order Ordinance.

I enclose two copies of a draft Public Order (Amendment) Bill, together with an Explanatory Memorandum and the Attorney General's Comments. The criticisms of the Public Order Ordinance made by the Hong Kong Branch of Justice have been taken into account and where possible incorporated in the draft Bill, as have the contents of your saving despatch No. 406.

2.

I should be grateful, however, to learn whether, in the light of the further views set out in paragraphs 3, 7, 11 and 12 of the Attorney General's Comments, you would be prepared to reconsider your earlier advice on these aspects. You will note that, although in the case of paragraphs 7 and 11 amendments on the lines you suggested have been included in the Bill, I would greatly prefer to omit them as I consider the Commissioner of Police's views have force. In the case of paragraphs 3 and 12 no amendments have been included.

3.

You will also wish to note that the Bill provides for the repeal of section 49 of the Ordinance. This section's wide powers of entry and search without warrant have attracted adverse comment.

4.

I should be grateful for your early comments on the Bill',

which I would like to introduce in the Legislative Council as soon as possible.

Nut

IML/mjc

RECEIVED IN ARCHIVES NO. 31

-7 JAN 1969

HKK14/15

CONFIDENTIAL

NE

(30) Porce

REF.

22

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