TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 67

CONFIDENTIAL

(a)

Even if the judgment and sentence were reported

in a newspaper normally read by the relatives and

friends of the accused, they might miss the item since

the date on which judgment and sentence were to be

announced might not have been known to them; and

(e) Even if they saw the verdict in a newspaper,

they might be doubtful whether it was a true report.

I do not for one moment suggest that a situation would arise

in Hong Kong in which a person could be arrested and no more

would be heard of him. The point is that the substantive legis-

lation should indicate beyond doubt that such a situation could

not arise.

4. It is for this reason that I find it most difficult to

accept as part of the permanent law of the Colony a provision

which gives a judge or magistrate the very wide power of directing

"in the interests of justice or public order or security" that

any criminal case should be heard in a court from which the

public are excluded to an extent which would include the delivery

of judgment and verdict. In arriving at this conclusion I have had in mind, in particular, the principle set out in Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, that judgment should be pronounced

publicly. Although th is convention has not been applied to

Hong Kong, I consider that it enunciates a principle which

cannot be altogether ignored and which it would not be in Hong

Kong's wider interests to ignore.

5. It might however be possible to overcome the difficulties

I see and at the same time to obviate the risks of which you

-3-

CONFIDENTIAL