TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 115

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

7.

Move over, /pisticatedly sunda it was our impression that agremat

ow these amendments had, in fact, been reached. in our discussions with the Attorney General, Hong Kong, last August,

interests of justice or of public order or

a

security so required. Such sweeping powers 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 (b)above are the

minimum to which we could agree

As regards the Governor's request that any

amendments to the Ordinance be deferred for the time

being (see paragraph 8 above), more than a year

has already elapsed since the enactment of the

offending provisions and for this reason, as well as

for these stated above, it is considered that the

necessary amendments should be introduced without

further delay.

CONCLUSION

and on the reason that it would to embarrassing, thine prarsios

publicly critiand before the amendements bor made,

have

The only matters over which a difference of

opinion remains between the Governor and ourselves

· are:-

(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 amendments 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). It is accordingly

proposed to address the Governor in terms of the

attached draft Saving Despatch.

Since the draft is

tantamount to an instruction to the Governor to

arrange for the introduction of the necessary

/amending