TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 98

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

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 profession, or who are otherwise

required to be present for the purposes of

any proceedings.

(b) any one person representing a newspaper

or news agency.

(c) any person present with the permission of

a public officer acting under the direction

of the Chief Justice.

(2) 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

or may be expedient to do so in the interests

of justice or public order or security;

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

GE

2

CONFIDENTIAL