2600224 C.S. 84
RESTRICTED
XCR(69)303
2
these provisions were inappropriate to funeral processions. The Commissioner of Folice is satisfied that he had adequate powers to control funeral processions because, before granting a licence, he would have to satisfy himself, under section 7(2) of the Ordinance, that the procession was not likely to prejudice the maintenance of public order or be used for any unlawful or immoral purpose. It is therefore accepted that the specific grounds for refusal of a licence for a funeral procession should be deleted. Clause 4 of the Bill provides for this and also exempts from the provisions of section 7 of the Ordinance meetings held solely for the purpose of a funeral as well as meetings held exclusively for social purposes in a restaurant.
5
Section 9 of the Ordinance requires a licensee of a meeting to be present throughout and also to comply with any police directions during the period of one hour after the final dispersal of a meeting or procession. Clause 5 of the Bill amends section 9 so as to provide a defence for a licensee who is absent from a meeting by reason of ill- ness or other unavoidable cause. It also deletes the requirement to comply with directions for an hour after the final dispersal of the meet- ing as this is considered too onerous on the licensee.
6
Section 11 of the Ordinance deals with police powers over meetings, processions and gatherings. Under subsection (2), a police officer of or above the rank of inspector is authorised to intervene to prevent the holding of, stop, disperse, or vary the place or route of any such meetings etc, if in his opinion a breach of the peace would otherwise be likely. The criticism levelled at section 3 (paragraph 3 above) was also levelled at this section, and clause 6 amends section. 11(2) by requiring the police officer, when exercising the powers con- ferred by this subsection, to act on a basis of reasonable belief, not personal opinion.
7
Clause 7 amends section 12 in two respects. Firstly, it amends subsection 2(a) by making it clear that a public meeting which has no licence under section 7 is not an unlawful assembly if it is a class of public meeting exempted from the need for a licence under the section. Secondly, it amends subsection 3(a) by providing that a person who is charged with an offence under that paragraph can plead the defences of lawful authority or reasonable excuse. This is intended to confer protection on any innocent bystander who becomes uninten- tionally involved in an unlawful assembly and is unable to make his way out of it.
8
Sections 14 and 32 create offences in relation to possession of offensive weapons. These are defined at section 2 of the Ordinance as "any article made, or adapted for use, or suitable, for causing in- jury to the person, or intended by the person having it in his possession or under his control for such use by him or by some other person". This is a very wide definition and it has been considered desirable to amend section 14 and 32 by clauses 8 and 20 so as to make available to an accused the defences of lawful authority and reasonable excuse. The latter defence will provide the necessary protection for the per- son who is innocently in possession of offensive weapons.
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