TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 81

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enactment and the proposed legislation was given careful and

prolonged examination in the Commonwealth Office before it

was agreed to.

Shortly after its enactment the Ordinance was

strongly criticised by "Justice". It was also the subject of a petition to Parliament by the Reform Club of Hong Kong (an organisation of some 5,000 paid-up members) which was submitted through Mr. John Rankin, M.P. In February 1969 Mr. Frank

Allaun asked two Parliamentary Questions about it.

Amending Bill

3. In January 1969 the Governor forwarded a draft Bill to

amend the Principal Ordinance, the main purposes of which were to meet the criticisms of "Justice"; to incorporate into the Ordinance certain provisions of emergency legislation (see paragraph 1 above) and to ameliorate certain other provisions of the Ordinance which had previously been taken from emergency legislation. The Bill goes a long way towards achieving its

objects, but there are a few outstanding points for which, after

discussion with the Legal Advisers, we consider that the Bill

should provide. These points were set out in our Saving Despatch to Hong Kong No. 208 of 22 May, 1969, (copy attached).

4.

Points to be raised

There are no matters calling for comment so far as emergency

legislation is concerned.

5. Matters now in issue are related to the Public Order

Ordinance and are confined to those raised in our Saving Despatch No. 208. (The point dealt with in paragraph 2 of the Saving Despatch has already been resolved since Lord Shepherd

agreed, during his visit to Hong Kong in June, to accept the Governor's views.) It is likely that the Hong Kong authorities

will resist some, at least, of the remaining proposals in our

despatch. There is reason to believe that differences of

opinion have arisen between the Attorney General and the Commissioner of Police on these points, the latter being more

likely to offer the stronger resistance.

6. A reply to our Saving Despatch has now been outstanding

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