TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 104

W(B)L 51-7406

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN

1¦

In view of the background

and

in particular, Lard Shepherd's discursion with The Governor last year (paragraph 4 above) 2 + the

S consider, without the Munster's

shared not,

approval,

"

the enactment of the offending provisions

and for this reason, and for the reason that

it would be embarrassing if these provisions

were publicly criticised before the amendments

were made, it is considered that the necessary

amendments should be introduced without

further delay.

CONCLUSION

12. The only matters over which a difference

of opinion remains between the Governor

and ourselves are:

Lapa

forcride

(1) an amendment of Section 122 to make it

clear that the power conferred on a court by

that Section does not extend to the exclusion

of the general public from the court whilst

verdict is announced:

(2) the Governor's request that any amend-

ments to the Ordinance should be deferred

until such time as the Ordinance may require

amending in other respects.

It is considered that we should insist

on the amendment at (1) and that there are

no adequate grounds for agreeing to the

request at (2).

15. It is accordingly proposed to a ddress

the Governor in terms of the attached draft

Saving Despatch. since the draft is tanta-

mount to an instruction to the Governor

to arrange for the introduction of the

fout wandue necessary amending legislation with delay

->

I consider that you should see this submission,

together with the attached draft, before

This

the latter issues. Both submission and tr the albachaol

A

draft have been cleared with Legal Advisers.

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CONFIDENTIAL