unlawful meeting etc. This will provide a defence for an accused innocent
bystander who becomes unintentionally involved in an unlawful asserbly
without knowing that it is one.
9.
Clause 8 amends section 14 by widening the defences to a charge
of carrying an offensive weapon at a public meeting or in a public process.on.
Clause 9 is intended to make it clear that the offence contained
10.
In aubsection (3) of section 15 is aimed at those who organize a public
gathering in contravention of, and after the issue of, a prohibition under
subsection (1). This amendment will reet the objections made In paragraph
17 of the Justice Report.
11.
In the comments in the Note on paragraph 18 of the Justice Report, it was suggested that the words "noisy, disorderly or intimidating"
might be added before "manner" in the second line of section 18(1). In the
Saving Despatch the comment was made that it would be preferable to refer
to conduct in a "disorderly manner", on the ground that the word "noisy" was too vague and might be caused by cheerful spirits and not evil intent,
The Commissioner and that "intimidation" is covered by the word "disorderly".
reasonably
of Police has objected that a group of persons could conduct themselves
other than in a disorderly manner and yet still cause other people
a breach of the peace. There is thought to be substance in this objection
and the Secretary of State ia asked to recons:der the matter, though an
amendment has been included by clause 10. The other amendments in this
clause will meet the objections raised in paragraphs 19 and 20 of the
Justice Report.
12.
The Despatch suggested that there should be some element of
mens rea in order to establish the offence under section 19 of the
The difficulty is, however, that this would make the burden
Ordinance.
of proof on the prosecution so great as to render the section ineffective.
In practice the police, when confronted with an unruly mob, order it to
disperse. Those who choose to remain must expect to be treated as active
participants. In Hong Kong, a crowd forms with astonishing speed and is
quickly and easily transformed into a dangerous mob. The police must be
able to deal with these situations swiftly. If the police are forced to
separate spectators from participants when handling a riot, there might
be fatal hesitation in dealing with a dangerous situation.
The Secretary