TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 83

CONFIDENT IAL

sections should be deferred (paragraph 6 above) are :

(a) that since the initial criticism of the Ordinance at the time of its enactment in September 1968 (which was inspired from expatriate rather than local sources) there

have been no further attacks on it. There is therefore

no substantial demand in Hong Kong for the amendments to

be made;

(b)

the introduction of the amendments at this stage would

attract unnecessary attention to the Ordinance.

More than a year has already elapsed since the enactment of the offending provisions and for this reason, and for the reason that

it would be embarrassing if these provisions were publicly

criticised before the amendments were made, it is considered that the necessary amendments should be introduced without further delay.

Conclusion

11.

The only matters over which a difference of opinion remains

between the Governor and ourselves are :

(i) an amendment of Section 122 to provide that the power

conferred on a court by that Section does not extend to

the exclusion of the general public from the court whilst

the verdict is announced;

(ii)

the Governor's request that any amendments to the

Ordinance should be deferred until such time as the

Ordinance may require amending in other respects.

It is considered that we should insist on the amendment at (i) and

that there are no adequate grounds for agreeing to the request at (ii).

12.

It is accordingly proposed to address the Governor in terms of

the attached draft Saving Despatch. The draft is tantamount to

an instruction to the Governor to arrange for the introduction of the necessary amending legislation without undue delay. In view of the background and, in particular, Lord Shepherd's discussion with the Governor last year (paragraph 4 above) it should not, I consider, issue without the Minister's approval.

S

Carter

Са

W. S. Carter)

Hong Kong Department

CONFIDENTIAL

5 February, 1970