A380
Ord. No. 67/80
Pa
PUBLIC ORDER (AMENDMENT)
imposed by or under section 11, 13, 14 or 15 in respect of any public meeting or public session;
or
(c) without the permission of any police officer on duty there, knowingly enters or remains in a public place to which access has been closed to him under section 17(4); or
(d) publishes, distributes, displays, prints or circulates any advertisement, printed-matter, banner, poster, notice or other device publicizing, or in any other manner advertises or publicizes, a public meeting (other than a meeting referred to in section 7(2)) which has not been notified under section 8 or is prohibited under section 9 or a public procession (other than a public procession referred to in section 13(2)) which is not licensed under section 13, shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 12 months.
(2) Where-
(a) any public meeting or public procession takes place
in contravention of section 7 or 13;
(b) 3 or more persons taking part in or forming part of a public gathering refuse or wilfully neglect to obey an order given or issued under section 6; or (c) 3 or more persons taking part in or forming part of a public meeting, public procession or public gathering, or other meeting, procession or gathering of persons refuse or wilfully neglect to obey an order given or issued under section 17(3),
the public meeting, public procession or public gathering, or other meeting, procession or gathering of persons, as the case may be, shall be an unauthorized assembly.
(3) Where any public meeting, public procession or public gathering, or other meeting, procession or gathering of persons, is an unauthorized assembly by virtue of sub- section (2)
(a) every person who, without lawful authority or reasonable excuse, knowingly takes or continues to take part in or forms or continues to form part of any such unauthorized assembly; and
(b) every person who--
(i) holds, convenes, organizes, forms or collects, or assists or is concerned in the holding, convening, organizing, forming or collecting of, any public meeting or public procession referred to in sub- section (2)(a); or
(ii) continues or attempts to continue to hold or conduct, or to direct otherwise than for the purpose of securing obedience to an order given or issued under section 6 or 17(3), any public gathering such as is referred to in subsection (2)(b), or any public meeting, public procession or public gathering, or other meeting, procession or gathering of persons, referred to in subsection (2)(c),
Disorder in public places.
Prohibition
of offensive weapons at public meetings and processions.
(Cap. 233.)
(Cap. 199.)
(Cap. 198.)
(Cap. 204.)
PUBLIC ORDER (AMENDMENT)
Ord. No. 67/80
A381
after the same has become an unauthorized assembly as aforesaid,
shall be guilty of an offence and shall be liable-
(i) on conviction on indictment, to imprisonment for 5
years; and
(ii) on summary conviction, to a fine of $5,000 and to
imprisonment for 3 years.
(4) Where in any prosecution for an offence under sub- section (1)(b) or (c) or subsection (3)(a) it is alleged that the person charged with the offence did or omitted to do any act knowingly, his state of mind as so alleged shall in the absence of proof to the contrary be presumed.
17B. (1) Any person who at any public gathering acts in a disorderly manner for the purpose of preventing the transaction of the business for which the public gathering was called together or incites others so to act shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 12 months.
(2) Any person who in any public place behaves in a noisy or disorderly manner, or uses, or distributes or displays any writing containing, threatening, abusive or insulting words, with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be caused, shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 12 months.
17C. (1) Any person who, while present at any public meeting or on the occasion of any public procession, has with him any offensive weapon, without lawful authority or reasonable excuse, shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprison- ment for 2 years.
(2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless he is on duty as-
(a) a police officer;
(b) a member of the Royal Hong Kong Auxiliary Police Force when the Force or the part of the Force to which such member belongs, or such member, has been called out under section 16(1) or (2) of the Royal Hong Kong Auxiliary Police Force Ordinance; a member of the Fire Services Department; (d) a public officer;
(c)
(e) a member of Her Majesty's forces;
(f) an officer or member of the Royal Hong Kong Regiment when on active service under the Royal Hong Kong Regiment Ordinance;
(g) an officer or member of the Royal Hong Kong Auxiliary Air Force when on active service under the Royal Hong Kong Auxiliary Air Force Ordin- ance; or
(h) an officer of the Independent Commission Against Corruption established under the Independent Com- mission Against Corruption Ordinance.
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