TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 35

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

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Ordinance. As a result, we have recently agreed with the

Governor the terms of a draft amending Bill. This Bill

has received the provisional approval of the Hong Kong

Executive Council and has since been referred to certain

interested legal organisations in Hong Kong for their comments (see paragraphs 6 8 of Notes for Supplementaries).

It will be further considered in the light of any substantial

points raised by those organisations before its publication

and introduction into the Hong Kong Legislature for

enactment.

J

5. The Ordinance provides, inter alia, that with a very few exemptions no public meeting or procession may take

place without a licence granted by the Commissioner of

Police. In general the draft Bill envisages no change in this requirement, although it adds certain categories of public meetings to the list of exemptions (see paragraph 2 of Notes for Supplementaries). It does, however, seek to ameliorate those provisions of the Ordinance relating to public assemblies to the maximum extent compatible with

the overriding need to maintain control over public gatherings of all kinds; in so doing the draft Bill goes a very long way towards meeting the criticisms of "Justice".

6. In the particular circumstances of Hong Kong very large crowds can gather in a matter of moments. These conditions

lend themselves to exploitation by lawless elements. So long as there is a militant Communist element within the community it will be necessary to maintain on a permanent basis special safeguards for the preservation of public

order.

7. A draft answer to Mr. Rankin's Question is submitted. It is based on an exchange of telegrams with the Governor,

length His own suggested answer is well beyond the acceptable/for a reply to an oral Question.

сс

Mr. Godden

Merammar

(A. W. Gaminara) 4 December, 1969

[PRO]

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