2600224 C.. 84
9
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XCR(69)303
Section 15 of the Ordinance empowers the Commissioner of Police to prohibit public gatherings. It has been pointed out that, under subsection (3), a person who takes part in the promotion of a gathering before, but not after, a prohibition by the Commissioner of Folice may still be "a person who takes part in the promotion. of a public gathering which is ....
continued in contravention of
a prohibition". The amendment proposed by clause 9 will ensure that only those who promote, direct, organise or manage a prohibited gathering after the issue of a prohibition shall be guilty of an offence.
10
Clause 10 amends section 18 by providing that there must be a disorderly, insulting, intimidating or provocative element in the conduct of an assembly before it becomes unlawful.
11
Section 19 of the Ordinance provides that when a breach of the peace occurs at an unlawful assembly the persons assembled thus become a riotous assembly with corresponding penalties. Clause 11 amends this section to make it clear that the unlawful assembly re- ferred to is one which is unlawful under section 18 i, e. one where the conduct is such as to create fear of breach of the peace, rather than under section 12 i, e. one which is unlawful by virtue of being unlicensed.
12
Section 23 is amended by clause 13 so that a man does not commit the offence of forcible entry if he enters his own premises.
13
Section 25 makes fighting in a public place an offence. Thus a boxing match would for example be covered. Clause 14 amends the section so as to cover only unlawful fights.
14
Section 26 which creates an offence if a person without law- ful authority at a public gathering makes any statement which is intended or is likely to incite any person to violence has been criticised on the grounds that the offence can be established without proving any kind of mens rea, This is considered to be a valid criticism and, accordingly, clause 14 amends section 26 so that an element of mens rea must be present before the offence can be established.
15
The offence of intimidation contained in section 27 is re- cast in clause 16 so as to exclude those parts of the section which are similar to section 47 of the Trade Union Registration Ordinance. The existing defence of "lawful excuse" is replaced by the defence of "lawful authority or reasonable excuse".
16
The offence of intimidating assembly is superfluous, be- cause a person who takes part in such an assembly can be prosecuted for taking part in an unlawful assembly. Consequently sections 28 and 30 are to be repealed (clauses 17 and 18),
17
Clause 19 amends section 31 by requiring the Commissioner of Folice to serve notice of the cancellation of a curfew permit on the permit holder.
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