TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 207

with

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Mr. Moreton

Parliamentary Office

ementery

The Hong Kong Public Order Ordinance (copy attached) came into operation on 17 November, 1967 at the height of last year's disturbances in the Colony. Its purpose was to consolidate into one Ordinance

the various provisions dealing with public order and to strengthen the law where experience has 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 is not designed for dealing with emergencies. Of the considerable amount of emergency legislation which it has been necessary to introduce in Hong Kong since May, 1967, the only emergency regulations which have been incorporated into the Ordinance are those dealing with the offence of intimidation and intimidating assembly. These have been powerful weapons in the hands of the local communists in the over-crowded 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.

2. The Governor sought the views and advice of the Commonwealth

Office on the draft Public Ordinance Bill before its enactment and

the matter was given careful and prolonged examination in the Common- wealth Office over a period of several months before the draft bill.

was agreed to.

3.

Shortly after the enactment of the Ordinance, the Reform Club of Hong Kong (an organisation of some five thousand paid up members) submitted a petition to Parliament on the subject of the Ordinance through the medium of Mr. John Rankin, M.P. (see attached Hansard extract). The petition asked for the Ordinance to be disallowed.

4. The Ordinance was also the subject of considerable criticism by the Hong Kong Branch of "Justice" (the British section of the International Commission of Jurists). Their criticism was levelled mainly at the increased powers given by the Ordinance to police officers in order to strengthen the hands of the latter in dealing with lawless elements in the community;m and at certain provisions which create offences in connection with unlawful assemblies.

"Justice"

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