TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 70

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

one hand, as you point out, the promulgation of Emergency Regulations could in certain circumstances have a damaging effect on the

economy and public confidence. On the other

different hand, it could in ether 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.

Nor have Jovelooked the arqument

3. It is true/that under Section 122 the representatives of the press cannot be required

to leave the court; but then

i strell world not

jodd that this

guarantee the deniable degree of publicity for the bra mat-

fack is not, of itself

leaving the Section as it stands--

Justify

One

reason

why it is required that 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 see what

has happened to the latter. It would not be

satisfactory to rely on such persons obtaining

information from newspapers regarding the court's decision since :

(a)

(b)

(c)

(a)

(e)

the press might not report the result

of the case;

the case might be reported only in a newspaper which the relatives and friends did not see;

the case might be reported in a newspaper printed in a language not known to the relatives and friends;

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

even if they saw the verdict in a

newspaper, they might be doubtful whether it was a true report.

/ I do not