TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 79

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

Hong Kong Dear.

Ditor 1969

pointed out that this seems a somewhat drastic

modification of common law under which only

persons who are turbulent can be guilty of riot

and that under this Section a person could be

guilty without possessing any criminal intent.

The difficulty here is a practical one: the

police, when confronted with an unruly mob,

order it to disperse and those who remaine

must expect to be treated as active participants;

and if the police are forced to separate specta-

tors from participants when handling a riot

there might be a dangerous hesitation in dealing

with a critical situation. The Governor there-

fore considers that this particular Section

should be allowed to stand as it is. However,

it is considered that the "unlawful assembly"

referred to in this Section should be confined

to that defined in Section 18 (1) and should not

include the wider and less serious form of unlaw-

ful assembly defined in Section 12 (2). Such an

amendment would go some way towards meeting the

criticism of this Section.

(f), Paragraph 8;

Section 37 of the Ordinance deals with

permits to enter and leave a closed area.

"Justice" suggested that the Section should be

amended so as to require that reasonable notice

should be given in the event of the cancellation

of any such permit. Clause 18 of the draft Bill

makes such an amendment in respect of Section 31

(in relation to the cancellation of permits

authorising issued to persons to permit them to be out of

doors after the imposition of a curfew) and we

have accordingly suggested that a similar pro-

Cike can collation. It

vision should be made in relation to permits

issued under Section 37.

CONFIDENTIAL