TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 4

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Mr. Sanf Yes. Coefikk 1/5 C (MugA).

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Mr Laird

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1. You will recall the running battle that we had with the Governor over certain provisions of the Hong Kong Criminal Procedure (Amendment) (Number 2) Ordinance 1968. These are crystallised in the submission at (5), which led to the issue of the Saving Despatch at (6). I invite your attention in particular to the last sentence of that Despatch.

2.

The file came up to me on a routine bring-up at the beginning of November and I issued the reminder at (7). Quite by chance we received a week later the Executive Council papers at (8) and enclosures. The draft Bill enclosed with (8) contained no amendment to cover the point in the last sentence of (6) I accordingly sent the further Saving Despatch at (10) followed by the reminder at (11).

3. The question to be decided now is whether we are going to pursue this matter further or withdraw gracefully. I have no doubt in my own mind that Hong Kong are deliberately ignoring our enquiries and that they have not the slightest intention of introducing the amendments which we are asking them to introduce unless we coerce them into doing so.

4. Since it is now two years since the Criminal Procedure (Amendment) (Number 2) Ordinance 1968 was enacted, and since there have been no reactions from outside bodies, my inclination would be to let this particular sleeping dog lie. However, if you feel that on principle we should follow the matter up, then perhaps the best way of doing so would be in the form of a demi-official letter, either to Sir Hugh Norman-Walker or to the Governor.

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