TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 37

90 39H

CONFIDENTIAL

5

"

I

Legislation

Societies Crdinance

Nature of Problem

A balance between the right of freedom of association and the need to safeguard public order would need to be struck.

c.

Places of Puolic

(a)

Entertainment Ordinance

Theft Ordinance

(b)

Police power to stop entertainment "for any reason whatever" may be inconsistent with BOR, under which restrictions shall be such as are provided by law and are

necessary.

Wide discretion of the Commissioner for Television and Entertainment Licensing over licensing conditiors for public entertainment.

Unequal treatment against ex-convicts relating to powers of search and evidential proof in respect of ex-convicts handling stolen goods.

Legal advice which has been given

Existing scheme may be too broad and may be inconsistent with the freedom of association [BOR 18]. There may be problems also with provision which enable Registrar of Societies to demand information [BCR 14] and some offences which utilise presumptions [BOR 11]. A working group comprising SB, Legal Department, CNTA and Police representatives is considering how the existing ordinance should be revised.

Advice is that discretion is drawn too broadly and that power should be exercised only on specified grounds. A review on the PPED by a working group under chairmanship of RCB is underway.

Advice is that existing statutory scheme is generally consistent with BOR, but that some minor changes to individual provisions are necessary.

No formal advice given yet but preliminary view is that there is probably no breach.

AQ:AT PT-TI OS,

YH

GUVI KUUSE

айа

CONFIDENTOL