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Public Order (Amendment) Bill-second reading
[Explanatory Memorandum]
12. The offence of forcible entry under section 23 will not be' committed by a man who enters his own premises. (Clause 13).
13. At present, section 25 applies to any fight in a public place, which might include a boxing match. This section is con- fined to unlawful fights by clause 14.
14. In section 26 an objective test will have to be applied in deciding whether an accused has committed an offence under the section. (Clause 15).
15. Section 27 of the principal Ordinance, which deals with intimidation, is repealed by clause 17 and replaced by a new section which is based on paragraph (a) of the repealed section. It is considered that the present section is too wide in its scope and that the mischief aimed at can be adequately dealt with under the new provision.
16. The offence of intimidating assembly is thought to be superfluous, because a person who takes part in such an assembly can be prosecuted for taking part in an unlawful assembly. Consequently, clauses 18 and 19 seek to repeal sections 28 and 30.
17. The effect of the amendment to section 31 of the principal Ordinance, contained in clause 20, is to require the Commissioner of Police to serve notice of cancellation of a curfew permit on the permittee.
18. Section 32 enables a person charged with carrying an offensive weapon during a curfew to put up the defence that he had a reasonable excuse for so doing. This adds to the existing defence of lawful authority. (Clause 21).
19. Clauses 22, 23 and 24 amend Part VII of the principal Ordinance, which deals with closed areas. In future a closed area order made under section 36 must be published in the Gazette although the order will be effective from the day on which it is made. The proposed subsection (3) of section 36 deals with the closing of closed areas by the erection of barriers or other means. The new subsection (2) of section 37 provides for the issuing of permits to enter non-military closed areas by the Commissioner of Police or by such other authority or person as is authorized for that purpose in the closed area order. By the new section 37(4), notice of cancellation of a permit must be given. The powers of arrest contained in subsection (1) of
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