Mr.
Carter
Hong Kong Dept.
K 246
Reference....
Manite of 24/4/69
119
The following are my comments on the items mentioned in your
minute.
Table A.
Item (1). This regulation provides that any person who
posts or distributes any placard, circular or other document
containing any incitement to violence or counselling disobedience
to the law or to any lawful order or likely to lead to any
breach of the peace shall be guilty of an offence. I do not
know of any United Kingdom statutory provision on similar lines.
Clearly the incitement to violence would seem to be an incitement
to commit a crime and it is an offence at common law to incite a
person to commit a crime. The offence may be committed at
common law by publishing the incitement in a newspaper
addressed to the public in general.
It seems also clear that
a document which is likely to lead to any breach of the peace
can reasonably form the basis of a crime. It is not so clear
whether a document counselling disobedience to the law or to any
lawful order would be a crime at common law, It seems to me
that in so far as the suggested Hong Kong legislation is
restricted to incitement to violence and, secondly,
to a document likely to lead to a breach of the peace, no
reasonable objection would seem to exist,
•
Item (2). This deals with regulations 50 and 51. In
each regulation the powers which it confers may be exercised if it
appears to the Governor to be necessary or expedient in the
public interest to give the directions mentioned in the
regulation. Thus regulation 50 provides that the Governor may
give directions as respects any particular ship or aircraft etc.
that no such ship or aircraft should enter or leave the harbour
except with permission granted by him or such other person as may
be specified in the directions.
I do not know of any statutory
/ precedent
No comments yet.
Private notes are available after approval.