CONFIDENTIAL
for information. (41)
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Sir Vingent
nt Evans
To Sun 16
NEW ANTI-CRIME LEGISLATION IN HONG KONG
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D.? 1. The Hong Kong Government recently introduced into Legislative Council four new items of legislation designed to strengthen their measures against violent crime. These were the Magistrates (Amend- ment) Bill 1973, the District Court (Amendment) Bill 1973, the Criminal Procedure (Amendment) Bill 1973 and the Public Order (Amend- ment) Bill 1973. The Bills were designed to give additional powers to District Courts and Magistrates, to empower the Supreme Court and District Court to sentence certain persistent offenders to preventive detention, and to widen the powers of the courts to deal with persons convicted of unlawful possession of offensive weapons.
29.6.
My. Krowson
2. The Governor took the precaution of consulting us about the legislation in the drafting stage. We said that we had no preliminary objection, subject to some minor comments about the form of the Bill dealing with offensive weapons.
3. Lord Gardiner, Chairman of the Council of 'Justice' wrote to the Secretary of State on 5 June enclosing a letter from Mr Henry Litton QC, Chairman of the Hong Kong Branch of Justice, making forceful representations against these four Bills. His objections were based partly on the content of the proposed legislation, but more emphatically on alleged existing defects in the criminal court system of Hong Kong and the absence or limited availability of legal aid in the lower courts.
4. We consulted the Governor. He, in consultation with the new Chief Justice, has now decided that no increase in the magistrates' powers is necessary, and the second Reading of the Magistrates (Amend- ment) Bill has been adjourned for further consideration. At the same time the Criminal Procedure (Amendment) Bill and the Public Order (Amendment) Bill have been modified to clarify the scope of these new laws.and we believe that improvements in the legal aid system are contemplated. The Governor's view was that with these amendments and the shelving of the Magistrates (Amendment) Bill, all legitimate criticism had been met, and the three remaining Bills received their Third Readings on 20 June. After the Tsoi case, we should be even more reluctant than usual to interfere here with Hong Kong legislation.
Nevertheless it is our duty la adopt a critical approach t 5. The Secretary of State's reply to Lord Gardiner, dated 27 June, intervene when is attached. we considu it
necessary,
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6.
News Department has been briefed with defensive points in reply because we have to any queries arising out of the article in today's Times. a responsibility
• because there is
no point in
consulling us
oku wine.
VE.
28 June 1973
cc:
Sir Duncan Watson
A.R·R.
A R Rushford
Deputy Legal Adviser
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29 6.
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15
Mr Wilford
HKIOD
News Department
CONFIDENTIAL
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