42
S
10.
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.
11.
Part VIII reproduces the provisions of the Peace
Preservation Ordinance dealing with special constables, save that
the new provisions omit the power to compel persons to serve as
special constables,
12.
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 common
law.
13.
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,
14.
A
Clause 50(1) confers on members of the Hong Kong
Auxiliary Police Force when called out greater powers than they
have hitherto bad. 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.
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 meetings, processions and gatherings and to enter and
search premises.
Clause