TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 70

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Note No. 7A

VISIT OF DEPUTY UNDER-SECRETARY OF STATE

(SIR LESLIE MONSON)

TO HONG KONG, OCTOBER. 1969

EMERGENCY LEGISLATION AND THE PUBLIC ORDER ORDINANCE

This Note, with the following attachments, amplification of Note No. 7:-

(a) A copy of the Public Order Ordinance 1967 (see

paragraph 2 of Note No. 7).

(b) A copy of the draft amending Bill (see paragraph

3 of Note No. 7).

(c) A copy of the Attorney General, Hong Kong's

comments on (b) (see references in Foreign and Commonwealth Office Saving Despatch No. 208).

2.

In paragraph 5 of Note No. 7 it is stated that the matters now in issue are confined to those raised in our Saving Despatch No. 208. The following arguments were adduced in

support of the comments contained in that Saving Despatch on each of the individual matters concerned (references are to

paragraphs of the Saving Despatch): -

(a) Paragraph 3:

Section 7 of the Ordinance concerns the licensing of

public meetings and processions. "Justice" had commented

that the licensing system under this Section was

inappropriate for funeral gatherings; and that the period of seven days which was required under this Section to elapse between an application for a licence and the holding of the meeting was much too long in the case of

funerals. Clause 4 of the Bill accordingly amends the

Section by reducing the period of notice required from

seven to two days in the case of a funeral procession;

the Clause also exempts funeral meetings and meetings

held for social purposes in a restaurant, from the need to be licensed at all. These amendments represent a

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