4
unlawful meeting etc. This will provide a defence for an-accused innocent
bystander who becomes unintentionally involved in an unlawful assembly
without knowing that it is one.
9.
10.
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 procession.
Clause 9 is intended to make it clear that the offence contained
in subsection (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 meet 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,
and that "intimidation" is covered by the word "disorderly". The Commissioner
of Police has objected that a group of persons could conduct themselves
other than in a disorderly manner and yet still cause other people to fear
a breach of the peace. There is thought to be substance in this objection
and the Secretary of State is asked to reconsider 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.
reasonably
The Despatch suggested that there should be some element of
mens rea in order to establish the offence under section 19 of the
Ordinance. The difficulty is, however, that this would make the burden
disperse.
participants.
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
Those who choose to remain must expect to be treated as active
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