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14.
Explanatory Memorandum
This Bill makes a number of amendments to the Public Order
다
Ordinance which are designed to clarify some provisions about which doubt
has been expressed and to relax others in order to give better protection
to the public against any misuse of powers or against the possible con-
viction of persons innocently involved in circumstances which constitute
offences under the Ordinance.
2.
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Clause 2 replaces the definition of "meeting" in the principal
Ordinance so as to limit it only to those meetings where there is a degree
of organization and to exclude those meetings which are held for any
statutory purpose, such as creditors' meetings; the definition will cover
the situation where there is no prior organization but a person assumes
control or leadership of a group in a public place.
3.
It is considered desirable that the power conferred on a police
officer by subsection (1) of section 3 of the principal Ordinance should
be exercised on the basis of reasonable belief rather than on the basis
of the opinion of the police officer. Similarly, subsection (2) of
section 3 is amended so as to ensure that when a police officer enters
any premises or place it should be "reasonably" necessary for him to do
so. (Clause 3).
4.
The clause
Clause 4 amends section 7 by providing that an application for
the licence of the Commissioner of Police for a funeral procession shall
be made not less than two days before the procession is held.
also exempts funeral meetings and meetings held for social purposes in a
restaurant from the need to be licensed.
5.
By section 9 of the principal Ordinance, every licensee of a
licence obtained under section 7 shall be present at the public meeting
or public procession from the first assembly to the final dispersal
thereof, and shall comply with any police directions regarding such
meeting or procession throughout the period of assembly, conduct and
dispersal thereof and the period of one hour following the final dispersal