maintained that certain of these provisions (e.g. sections 12 and 30) were such as to do away with the requirement that guilty intent should
exist before an offence could be committed. It is thought that it is these provisions which Mr. Allaun has in mind when he asks in his question for the Ordinance to be amended so as "to place the burden of proof upon the authorities".
5.
Certain of the points raised by "Justice" were considered by the Commonwealth Secretary's Legal Advisers to have some substance and we are at present in correspondence with the Governor with a view
to seeking certain amendments to the Ordinance. We are consulting with the Governor on points arising in Sections 2, 3, 7, 9, 11, 12, 15, 18, 19, 23, 25, 26, 27, 28, 31, 31, 32, 37, 40, 44, 49 and 55.
6. In Hong Kong's densely crowded conditions (five thousand persons per acre in certain urban areas) large crowds can gather in a
matter of moments. It is easy for trouble makers to stir up disorder in such conditions and the tak of the police force in controlling disturbances is greatly increased. In circumstances
such as these, and especially so long as there is a militant communist element within the community, it is necessary to take special measures for the preservation to public order at all times. The Ordinance is designed to meet this need on a permanent basis.
bus. Carts
(W. S. Carter)
Hong Kong Department 18 December, 1968
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18/12
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