TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 76

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

NOTHING TO BE Written in this MARGIN

W(B)L 51-7406

CONFIDENTIAL

was inappropriate for funeral gatherings; and

that the period of seven days which was required

under this Section to elapse between an applica-

tion for a licence and the holding of the meet-

ing 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 definite

amelioration of the provisions of the existing

Section; but there remains some doubt whether

it would always be practicable to apply for a

licence to hold a funeral procession two days

before such procession; and it is considered

that the Commissioner of Police's powers under

Section 7 (4) to refuse such a licence are too

wide and in some cases inappropriate in relation

to funeral processions. The Governor has

accordingly been asked to give further considera-

tion to these aspects.

(b) Paragraph 4 &

Section 11 (2) of the Ordinance confers on

a police officer of or above the rank of

Inspector the power to prevent, stop or dis-

perse public processions or meetings if such are

"in his opinion likely to cause or lead to a

breach of the peace". "Justice" objected to

the words underlined on the grounds that they

conferred an absolute discretion on the police

which could not be challenged in the courts.

Clause 6 of the draft Bill is accordingly

designed to remedy this situation by deleting

/ the

...

CONFIDENTIAL

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