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CONFIDENTIAL
.15
Registry
No. HKK 14/9
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..In Confidence
(22,
DRAFT Saving Despatch
Type 1 +
From
To:
Reais
Governor, Hong Kong
Telephone No. & Ext.
Department
Your Saving Despatch No. 1195 of 25 October, 1969.
The Criminal Procedure (Amendment) (No. 2)
Ordinance, 1968.
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 con-
sultation with the Chief Justice and am glad that you
are able to accept an amendment to Section 123 to pro-
vide for judgment and sentence to be announced in open
we are
we are
court. But am somewhat concerned to learn that you
would prefer not to introduce a similar amendment to
it was our cimpression! that your Attorney General Section 122, particularly since agreement that such an had agreed that such and
amendment was desirable was reached between your
was read
have
Attorney General and my Legal Advisers/in the course of
with Legal Adouters have
Kow
discussions here during August.
2.
M
I appreciate the argument advanced in your para- is appreciatio graph . However, it appears that the kind of situation
4.
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 regulations. IL- lis
realised that you are anxious to refrain from taking the
latter step unless this is absolutely unavoidable; but
is)
I find it very difficult to accept as part of the per-
manent law of the Colony a provision which gives a judge
or magistrate the very wide power of directing "in the
(118281) Dd. 391599 1,500м 2/69 Hw.
CONFIDENTIAL
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