CONFIDENTIAL
Registry
'No. HKK 14/9
DRAFT Saving Despatch
Type 1 +
SECURITY CLASSIFICATION
To:-
From
Top Secret.
Secret.
Governor
Telephone No. & Ext.
Confidential.
HONG KONG.
Kestricted.
Unclassified.
PRIVACY MARKING
In Confidence
Flag C
Department
Your Saving Despatch No. 1195 of
25 October, 1969.
The Criminal Procedure (Amendment)
(No. 2) Ordinance, 1968.
2
We agree that the operation of Sections
122 and 123 should not be made dependent on an
order of the Governor, whether or not such
order is made after consultation with the
Sam
Chief Justice and we-are glad that you are able
to accept an amendment to Section 123 to
provide for judgment and sentence to be
S am announced in open court. But we are somewhat
concerned to learn that you would prefer not to
introduce a similar amendment to Section 122,
particularly since it was our impression that
your Attorney General had agreed that such an
amendment was desirable in discussions with
Legal Advisers here during August.
2.
The argument advanced in your paragraph 4
is appreciated. However, it appears that the
kind of situation envisaged in that paragraph
would be such that it could either be dealt
with under the ordinary law of contempt (in the
case of an isolated incident) or it would need
to be dealt with by invoking emergency
with
regulations. It is realised that you are
W(B)L 51-7433
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