TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 66

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be used sooner rather than later. I realise that you are anxious

to refrain from taking the latter step unless this is absolutely

unavoidable, but I am sure you will agree that there must be

a limit to the process of embodying in the substantive law of

the Colony provisions required only in time of an Emergency.

The difficulty, of course is to decide where to draw the line

and on what grounds. On the one hand, as you point out, the

promulgation of Emergency Regulations could in certain cir-

cumstances have a damaging effect on the economy and public

confidence. On the other hand, it could in different circumstances

have the reverse effect by demonstrating to the general public

and to trouble makers the determination of the Hong Kong Government

to maintain law and order.

3. Nor have I overlooked the argument that under Section 122

the representatives of the press cannot be required to leave

the court; but this in itself would not gurantee the desirable

degree of publicity for the trial. One reason why verdict and

sentence in a criminal case should be announced in open court

is in order that not only the public, but in particular the

relatives and friends of the accused,

may know and actually

It would not be satisfactory

information from newspapers

see what has happened to the latter.

to rely on such persons obtaining

regarding the court's decision since :

(a) The press might not report the result of the

case;

(b) The case might be reported only in a newspaper

which the relatives and friends did not see;

(c) The case might be reported in a newspaper printed

in a language not known to the relatives and friends;

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