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10. Part V of the Bill introduces into the permanent law the substance of the Emergency (Prevention of Intimidation) Regula- tions 1967.
11. Clauses 34 and 35 seek to empower the Governor to control the movement of or to detain aircraft or vessels. These provisions are not new and are at present in the Public Order Ordinance or the Emergency (Principal) Regulations.
12. Part VIII reproduces the provisions of the Peace Pres- ervation Ordinance dealing with special constables, save that the new provisions omit the power to compel persons to serve as special constables.
13. Clause 46 seeks to define the amount of force which may be used wherever the Bill permits the use of force in the exercise of the powers which it confers. The clause reproduces the com- mon law.
14. Power to enter and search premises without warrant will be conferred on police officers of or above the rank of inspector by clause 49. This clause also authorizes the searching of persons found in premises which may be searched, and the stopping and searching of vessels and vehicles in which such a police officer knows or has reason to suspect that there is evidence of an offence under the Bill.
15. Clause 50(1) confers on members of the Hong Kong Auxiliary Police Force when called out greater powers than they have hitherto had. At present, they have the powers conferred by sections 50-59 of the Police Force Ordinance on a regular police officer of equivalent rank. In future, they will have the powers of a police officer of equivalent rank under any law whatsoever. Clause 50(2)(a) confers a power of arrest on officers and members of the Royal Hong Kong Defence Force when called out, and clause 50(2)(b) empowers the Governor to direct that they shall have all the powers of a police officer of equivalent rank. Clause 50(3) will confer on members of Her Majesty's forces acting in aid of the civil power the powers of a police constable and clause 50(4) vests in commissioned officers additional powers to control meet- ings, processions and gatherings and to enter and search premises.
16. The indemnity at present afforded by the Peace Preserva- tion Ordinance is reproduced by clause 53.
DENYS ROBERTS, Attorney General.
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