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above the rank of inspector if the meeting, procession or gather- ing is causing or is in his opinion likely to cause or lead to a breach of the peace. The position will be that any such police officer may prevent the holding of, stop or disperse, or vary the place or route of, any public meeting, public procession or public gathering (other than a meeting exclusively for religious purposes) in those circumstances. The control over public meetings for religious purposes and private meetings or gatherings is rather more limited in that there will be no power to prevent their being held initially. In the circumstances specified above, a police officer of or above the rank of inspector will, however, have power to stop or disperse the meeting or gathering.
6. Clause 11(3), (4), (5) and (6) confers various ancillary powers which may be required in order to enable police officers to exercise in an effective manner the control of meetings, pro- cessions and gatherings referred to above. In particular, they may issue such orders as may be necessary and use force to prevent the holding of, stop or disperse a meeting, procession or gathering.
7. Clause 12 deals with offences under Part III of the Bill. The provisions in clause 12(2) and (3) are of special importance. An unlicensed public meeting or public procession, and any meet- ing, procession or gathering whatsoever in which three or more persons neglect to obey an order under clause 11(3), will be an unlawful assembly (clause 12(2)) and penalties will be provided by clause 12(3).
8. A new power is afforded to the Commissioner of Police by clause 15 to prohibit the holding or continuance of any public gathering in any particular area or premises or on any particular day if he considers it necessary or expedient in the interests of public order to do so. Under clause 16, the Governor in Council will be empowered to ban all public gatherings for up to three months if he considers it necessary to do so in order to prevent serious public disorder.
9. Clauses 18 and 19 introduce provisions dealing with un- lawful assemblies and riots and replace the common law in this respect. The proposed statutory provisions are not identical with the common law, which is not adequate in certain respects for local circumstances. Firstly, there will no longer be the necessary element of common purpose before a crowd is an unlawful assem- bly or a riot. Secondly, an unlawful assembly will become a riot if any person taking part in the assembly commits a breach of the peace.