2600224 C.S. 84
XCR(69)303
18
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4
Clauses 21-23 amend the provisions contained in Part VII of the Ordinance relating to the declaration and control of closed area. Clause 21 replaces section 36 with a new section which provides that a closed area order comes into force when made and shall be published in the Gazette as soon as may be reasonably practicable after being made. The Commissioner of Police is authorised to close a closed area by the erection of barriers. Section 37 is amended by clause 22 so that permits to enter non-military closed areas may be issued by the Commissioner of Folice or by such other authority as may be authorised to do so in the closed area order. Upon the cancellation of a permit, notice of such cancellation must be given to the permit holder. The powers of arrest contained in section 39 are extended to members of the Essential Services Corps and to those appointed to guard closed areas by the Governor, the CBF or a person authorised in that behalf in the closed area order (clause 23). Past experience has demonstrated the need for a method whereby persons in charge of important in- stallations, such as oil refineries, gas works or power stations, which are declared closed areas, can issue entry permits and appoint guards to protect them. Clause 23 empowers police officers of or above the rank of inspector to detain and remove unauthorised persons from a closed area.
19
Clause 24 makes the Commissioner of Police the authority, in place of a magistrate, for appointing special constables. Clause 25 effects a number of minor procedural amendments to section 44 of the Ordinance concerning orders to be made by a magistrate requiring a person to enter a bond to be of good behaviour,
20
Section 49 of the Ordinance confers wide powers of search and entry upon police officers. These powers have attracted some criticism and it is now thought that the ordinary powers conferred upon police officers at common law and by the Folice Force Ordinance are adequate, short of a serious emergency situation. Section 49 is re- placed by clause 26 with a section requiring persons to identify them- selves to members of Her Majesty's forces and the Police Force. This requirement is, at present contained in regulation 96 of the Emergency (Principal) Regulations.
21
Clause 27 adds a new section 50A to the Ordinance. This makes it an offence to obstruct members of the armed forces exer- cising powers conferred by or performing duties imposed by the Ordinance or by orders made under it. This offence is at present contained in regulation 113 of the Emergency (Frincipal) Regulations. It is considered desirable that the provisions of this regulation, which has proved to be very useful in times of disturbance, should be part of the permanent law. The emergency regulation in question is to be revoked.
22
Clause 28 contains a consequential amendment to the City Hall Ordinance (Chapter 328).
23
Subject to the views of
Honourable Members, it is
proposed to submit the Bill to the Bar Association, the Law Society
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