TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 79

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2

Sirk. Myken (ree to make)

Mr. Watford Man. Mr Wilford

избо

The Hong Kong Criminal Procedure (Amendment) (No.2)

Ordinance 1968

A

ہے

Problem

The above Ordinance, which was enacted by the Hong Kong Legislative Council in September 1968, confers on High Court judges, district judges and magistrates very wide powers to exclude the public from criminal trials in the interests of justice, public order and security. The High Court has inherent powers of this nature, but such wide-reaching powers are not normally conferred on subordinate Courts except in times of emergency by Emergency Legislation. The issue in dispute with the Governor concerns those provisions of the Ordinance enabling any Court to exclude the public from the Court while the verdict in a criminal case is being announced and it is considered that these provisions should be suitably modified by the enactment without delay of amending legislation by the Hong Kong Legislative Council.

Recommendation

2. I recommend that the Governor be addressed in terms of the attached draft Saving Despatch. Legal Advisers concur.

Background

3. The Hong Kong Criminal Procedure (Amendment) (No.2) Ordinance 1968 (copy attached) adds two new sections to the principal

Ordinance:

(i)

Section 122 empowers judges of the Supreme Court, district judges and magistrates, when hearing criminal proceedings, to exclude the public from their respective courts, court buildings and the curtilage of the court buildings, if they consider it necessary in the interests of justice, public order or security. This power of exclusion applies both during the hearing of a case and

during the delivery of judgment. Certain persons are exempted from the operation of the power, namely :-

(a)

persons who are required to be in the court or court building by virtue of their office or

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