CONFIDENTIAL
(a)
peace.
However, it is not considered that the
Commissioner's argument should be accepted because:
(1) the principle involved in this amendment has
already been accepted by the Governor in
relation to a similar amendment to Section
3 of the Ordinance by Clause 3 of the draft
Bill.
(2) the Police Officer concerned must be of
or above the rank of Inspector.
(3) the Police Officer has the backing of the
indemnity provided by Section 53 of the
Ordinance.
It is therefore proposed to inform the Governor that
it is considered that Clause 6 of the Bill should
remain.
Section 12 (3) of the Ordinance makes it an offence
if anyone "forms or continues to form part of" any
unlawful assembly. Justice criticised the inclusion
of these words on the grounds that they made it
possible for an innocent bystander who had been
caught up in an unlawful assembly to be guilty
of an offence although he may have had no guilty
intent. Clause 7(b) of the Bill amends Section 12
(3) by making it a defence for an accused person
to show that he did not know that it was an unlaw-
ful assembly. However, the proposed amendment
would not cover the case of an innocent person
caught up in an unlawful assembly and unable to
escape from it because of pressure from the crowd.
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