TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 80

CONFIDENTIAL

BD Pro 4.

3 Flags & and

(ii)

(b)

흐흐

(c)

profession, or who are otherwise required to be

present for the purposes of any proceedings ;

any one person representing a newspaper or news

agency;

any person present with the permission of a

public officer acting under the direction of the

Chief Justice.

Section 123 empowers a court to order that the whole of

the proceedings before it in respect of any offence shall take place in a closed court;

(a)

if it appears to the court that it is or may be expedient to do so in the interests of justice or public order or security; or for the safety or

well-being of a witness or any other person;

(b) if the court is satisfied that a witness is

apprehensive as to what may happen to him or to any member of his family; or to a friend, or to his property or business, if he gives evidence in

open court.

No-one is exempt from the operation of this power.

In our Saving Despatch No.663 of 25 November, 1968 the Governor was informed that the power of disallowance would not be exercised in respect of the Ordinance, but that it would be necessary for further amending legislation to be enacted. The Governor queried this decision in semi-official correspondence; and the subject was

touched on in discussions with Lord Shepherd and Mr. Moreton when 1Pmy they visited Hong Kong in June, 1969.

Flag E

5.

In August 1969 Legal Advisers' objections to the Ordinance were discussed here with the Attorney General, Hong Kong, and at those discussions it was agreed as a compromise solution, that the Ordinance should be amended in the following respects:

(a)

Sections 122 and 123 should both be amended to make it clear that the powers conferred by those sections did not extend to the clearing of the court whilst the verdict was being

announced.

CONFIDENTIAL

/ (b)