CONFIDENTIAL
Registry
HKK. 14 9
DRAFT SUBMISSION
No.
To:-
3/2
Mr. Wilford
SECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential.
Restricted. Unclassified.
PRIVACY MARKING
Flag A
...In Confidence
Type 1 +
From
Mr. Carter
Telephone No. & Ext.
Department
The Hong Kong Criminal Procedure (Amendment) (No. 2 Ordinance 1968
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 still 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
Legal Advisers concur,
Saving Despatch. Legal
BACKGROUND
3. The Hong Kong Criminal Procedure (Amend-
ment) (No.2) Ordinance 1968 (copy attached)
1 CONFIDENTIAL
W(B)L 51-7433
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