31

section 39 are extended to enable a guard (defined in the new subsection (4)) to arrest any person about to commit any offence within a closed area. The definition of “guard" will ensure that, in an emergency, closed areas may be guarded by persons other than police officers and members of the armed forces.

20. Section 40 is amended so as to empower the Governor to authorize the Commissioner of Police to appoint, in writing. any person as a special constable. (Clause 25).

21. Clause 26 makes a number of minor drafting amend- ments to section 44.

22. Section 49 of the principal Ordinance is repealed by clause 27. This conferred unusually wide powers of search and entry on police officers and it is now considered that the powers con- ferred by the Police Force Ordinance and at common law should prove sufficient.

It is replaced by a section in much narrower terms, empowering members of Her Majesty's forces and police officers, in specified circumstances, to require a person to identify himself.

23. Clause 28 amends section 50 by deleting a reference to section 49.

24. Clause 29 adds a new section 50A, which makes it an offence for a person to obstruct a member of Her Majesty's forces, a member of the Royal Hong Kong Defence Force or any other person acting under a power or duty conferred or imposed on them by the Ordinance. In Hong Kong, military personnel in times of disturbance work in conjunction with the police and it is considered desirable that they should have a measure of protection from obstruction.

25. Clause 30 makes a consequential amendment to the City Hall Ordinance.

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THEFT BILL 1970

Resumption of debate on second reading (28th January 1970)

Question again proposed.

Question put and agreed to.

Bill read the second time.

Bill committed to a committee of the whole Council pursuant to Standing Order No`43.、

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