TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 71

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W(B)L 51-7406

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and which it would not be in Hong Kong's wider intervento to

Ignore.

and at the same time to obviate the risks of which you are offrehensive, if Section 122 were

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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 legislation should indicate beyond doubt that such a situation could not arise.

It is for this reason that

4. ₤ I therefers 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 this convention has not been applied to Hong Kong,

I consider that it enunciates a principle which cannot be altogether ignored It might, however, be possible to overcome difficulties by amending Section 122 to

provide that the power conferred on a court

by that Section does not extend to the

exclusion from the court whilst the verdict is announced, of eertain relatives of the accused; and I would like you to consider this suggestion.

6. With regard to your paragraph 8 it is

the

well over a year now since I asked in my Saving Despatch No.663 of 25 November, 1968,

for steps to be taken to enact legislation to give effect to the amendments proposed

at that time. But meanwhile, Hong Kong has

settled down well after the trouble of 1967

and in all the circumstances I now agree

that you should wait until the Criminal

Procedure Ordinance requires other amendments

before introducing the amendments to

Sections 122 and 123.

1

Mr 24/3