TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 100

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or to any member of his family; or to a friend,

or to his property or business, if he gives

evidence in open court.

No-one is exempt from the operation of this

power

4.

ony

Sarma Despatch No. 663 of 25"

In/November 1968 the Governor was

informed that the power of disallowance would

not be exercised in respect of the Ordinance,

but that it would be necessary for further

Take in slip] amending legislation to be enacted f 5. In August 1969, Legal Advisers' objections

to the Ordinance were discussed here with the

Attorney General, Hong Kong, and at those

discussions it was agreed as a compromise

solution, that the Ordinance should be amended

in the following respects:

(a) sections 122 and 123 should both be amended

to make it clear that the powers conferred by

those sections did not extend to the clearing

of the court whilst the verdict was being

announced.

(b) section 123 (1) (a) should be amended by

the deletion of the words "or may be".

However, in his Saving Despatch No.1195

of the 6th of October 1969 (attached) the

Governor, whilst otherwise agreeing to the

amendments at paragraph 5 (a) and (b) above,

was (for the reasons stated in paragraph 7

below) opposed to the amendment of Section 122

in accordance with paragraph 5 (a) above.

Moreover, he asked (for the reasons stated in

paragraph 8 below) that the introduction of

even those amendments mentioned above to which

he had agreed, should be deferred until such

time as the Ordinance might require amending

Jud

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6.