TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 78

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

innocent person caught up in an unlawful assem-

boknew it in enoxanthaFAL BASED AS LEHENG

bly

unable to escape from it because of

pressure from the crowd. The proposed amendment

could therefore give cause for further complaint

from "Justice" who might claim that the substance

of their original criticism had clearly been

accepted but that the measures taken to deal

with it were inadequate. The Governor has

accordingly been asked to give further thought

to this matter.

(d) Paragraph 6 *

"Justice" had suggested that the words

"noisy, disorderly or intimidating" might be

added before "manner" in the second line of

Ordinance

We

Section 18 (1) of the Bill. I had previously origmally

been suggested that it would be preferable to

refer to conduct in a "disorderly manner", on

the ground that the word "noisy" was too vague

and might be caused by cheerful spirits and not

evil intent; and that "intimidation" is covered

The Commissioner of

by the word "disorderly".

Police has pointed out that a group of persons

could conduct themselves other than in a dis-

orderly manner and yet still cause other people

reasonably to fear a breach of the peace. The

suggestion in paragraph 6 of our Saving Despatch

Cit is considered na]

is intended as a reasonable compromise and that

the use of the phrase "in a disorderly or inti-

midating manner" would meet the point.

(e) Paragraph 7:

Section 19 of the Ordinance provides that

when any person taking part in an unlawful

assembly commits a breach of the peace, the

assembly becomes a riot and all the persons

assembled are guilty of riot.

"Justice" have

/pointed

...

CONFIDENTIAL

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.