CONFIDENTIAL
3.
Paragraph 21 There would seem to be substance in Justice's comments on section 19. A person present in an unlawful assembly might not be aware that a breach of the peace had taken place yet he might commit an offence punishable with imprisonment for up to 10 years. It is suggested that there should be some element of mens rea in order to establish such an offence.
Paragraph 23 Presumably the purpose of this provision is to deter a person from using violence in order to gain entry to premises in the actual occupation of someone else and it is suggested that this should be made clear. This would also meet one of the points made by Justice.
Grateful if consideration may be given to amending the Ordinance in the light of the above views.
CONFIDENTIAL