TNAG-1815-FCO40-2576-Hong-Kong-Public-Order-(Amendment)-Bill-1988-1988 — Page 20

F 323

CONFIDENTIAL

5

機密

9.

The Attorney General considers that it would be

difficult to conceive of any situation other than an

emergency where, in the light of the public controversy

that has surrounded and continues to surround this

provision, the public interest would demand prosecution.

Bearing in mind the build up of public anxiety over civil

liberties, the Attorney General believes there is a

powerful case for repeal.

Conclusion

10.

Taking into account all the above arguments, the

report concluded and we recommend that Section 27 be

repealed. We can see little purpose in continuing to

suffer the negative PR implications of a law which has

become discredited and unenforceable. The measure was only

ever intended as one of last resort and adequate provisions

exist in Emergency Regulations for dealing with emergency

situations.

Implications

11.

Repeal has the disadvantage that the Government

would be seen to back down in the face of public pressure.

However, it has the advantage of being clean and simple.

It would give up no practical powers which the Government

at present possesses. It would be welcomed locally and

CONFIDENTIAL

機密