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that all courts should have the sweeping powers
conferred by Sections 122 and 123 is there-
fore understandable.
It is because of the
special circumstances obtaining in the Colony that efforts have been made to meet
the Governor's wishes as far as can be
justified. The two sections are very
similar in their effect and if Section 122
were left in its present form, as desired
by the Governor, it would mean that any
court, when hearing any criminal case except
cases in which the court sought to ensure
the safety or well-being of a witness or any
other person (in which case only Section 123
would apply), could exclude the general
public (although not the press) from the
whole of the proceedings, including the
announcement of sentence, on the grounds that
the interests of justice or of public order
or security so required. Such a power seems
unnecessary and difficult to justify, even in
the particular circumstances of Hong Kong,
and in the view of Legal Advisers, and of the
Department, the amendments mentioned in
paragraph 5 (a) and (b) above are the mini-
mum to which we could agree. Moreover,
it was our impression that agreement on these
amendments had, in fact, been reached in our
discussions with the Attorney General,
Hong Kong, last August.
10
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Dartwo
11. As regards the Governor's request that
人
amendmente to the Ordinance be deferred
for the time being (see paragraph 8 above),
More than a year has already alapsed since
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