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"Justice" severely criticised the Ordinance in a long and comprehensive memorandum last year; and Mr. Frank Allaun, MP, put down Questions on the 19th December, 1968 and the 10th February, 1969, asking "What changes have now been made in the Hong Kong Public Order Ordinance regarding the extent to which the burden of proof is placed on the authorities." He was informed in reply to these Questions that certain provisions of the Ordinance were being examined in consultation with the Governor in the light of criticisms that had been made.
8.
As a result of the memorandum from "Justice" we asked Hong Kong to give further thought to certain of the provisions of the Ordinance and this they have done. They recently sent us a copy of a draft Bill to amend the Ordinance and this draft Bill is now with the Legal Advisers. It meets the majority of the criticisms raised by "Justice" but there are certain provisions in it on which we do not altogether see eye to eye with the Governor. The Minister may wish to see the Bill before we send the Governor our comments on it.
The Criminal Procedure (Amendment) (No.2) Ordinance 1968 9. This Ordinance was sent to us recently for notification of non-disallowance. It is now with the Legal Advisers who have certain reservations about some of its provisions (relating to the powers of Judges to exclude the public from courts). The Minister may also wish to see this Ordinance before notification of non-disallowance is conveyed to Hong Kong.
20 March, 1969
MG.
(A. W. Gaminara) Hong Kong Department
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