TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 81

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(b) Section 123(i)(a) should be amended by the deletion of the

words "or may be".

6. However, in his Saving Despatch No.1195 of 6 October, 1969 22) Are fattached) the Governor, whilst otherwise agreeing to the amendments

at paragraph 5 (a) and (b) above, was (for the reasons stated in paragraph 7 below) opposed to the amendment of Section 122 in accordance with paragraph 5(a) above. Moreover, he asked (for the reasons stated in paragraph 8 below) that the introduction of even those amendments mentioned above to which he had agreed, should be

deferred until such time as the Ordinance might require amending

in other respects. There the matter now rests.

Argument

7. The Governor argues that in the case of Section 122, the fact that the section confers no power to exclude the press is sufficient to ensure that adequate publicity can be given to any proceedings even if the general public may be excluded therefrom both during the hearing and while the verdict is announced. He would therefore

like Section 122 to remain in its present form.

8.

Legal Advisers have pointed out:

(i) that the two sections in question enable members of the

public to be excluded from the court both during the hearing of a case and during the announcement of the verdict. The conferring of such a power is, so far as is known, unprecedented in the British system of law. It also departs from the principle of Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which was ratified by H.M. Government in 1951 (although this Convention has not been applied to Hong Kong);

(ii) that so far as Section 122 is concerned, it is true that the

press cannot be excluded either from the hearing of a case or during the announcement of the verdict. But this will not enable relatives and friends of the accused actually

to see the verdict passed on the accused; nor will it necessarily ensure that they will know what has happened

to the accused. This is because :

CONFIDENTIAL

/ (a)

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