TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 112

furtker

further attacks

CONFIDENTIAL

There is therefore

no-substantial demand in Hong Kong for the

amendments to be nada.

(b) The introduction of the amendments at this

stage would attract unnecessary attention to the-

Ordinance.

There the matter now resta

ARGUMENT

that

7. The Governor argues that the primary purpose of

Sections 122 and 123 is to protect the courts again

well-drilled and organised mohs; that if the general

public are always to be admitted when sentence is/ announced, trouble coudrise just as readily as t

could from their admission during a trial; and that

in Hong Kong one is pot dealing with a public with

an innate respect for the courats, which are, in the

eyes of the communists, merely a hostile extension

of the Executive, to be disrupted and intimidated if

possible.

& However, despite these arguments, ne

to accept m amendments to Section 123 în terms

paragraph: 5(a) (b)abore, but in the case of Section 122,

rtains that the fact that the section confers no

power to exclude the press is sufficient to ensure that

quate publicity can be given to any proceedings even

both during the hearing of while the Andit is the general public may be excluded therefrom He

ild therefore like Section 122 to remain in its

sent form.

Our Legal Advisers objections to both Section

and 423 are based on he fact that it tire

te rule in the British Judicial system that

sdiction"

rum osses of "parental jurisdiction" and powers

ferred by statute în specific casoa, justice shall

dministered în open ccurb, Legal adviser have

ted out:

لله

mounad.

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