Section 23. -
Under this section a serious offence is committed by
a person who for cibly enters his own home when it is not in the custody of his servants or bailiff. This is an absurd result, especially as the mere breaking open of his house by an owner who has forgotten his key is "entering in a violent manner".
It is by no means clear what is meant by "premises of his own" - a clumsy phrase at best. Presumably it includes the
owner of a leasehold interest but it would probably exclude a
We suggest the matter be clarified.
licensee.
Is the word "bailiff" intended to have some special
significance beyond "agent" ? It is a word which in Hong Kong has acquired a limited meaning incompatable with the limitation "his" and if "agent" is meant it would be preferable to use that word. We can foresee considerable argument arising out of
the use of the extraordinary phrase "unusual number of people" ("persons"). What is a "usual" number of persons to collect ? Is the number to be related to any particular place or time ?
section does not say so.
Section 24
The
This section appears to bring within the purview of the criminal law private (though potentially violent) disputes as to the right of possession of premises. We question whether this
is desirable.
Section 25
Under the common law an essential element of an affray
is that reasonable persons might well be intimidated or frightened.
Without this limitation an offence is committed under the section
as drafted by boys scrapping in a public place although no one is
put in terror. It is submitted that such combatants should not
be in danger of a year's imprisonment.
10.
A