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Ord. No. 67/80
Power of Commissioner
of Police
to prohibit
public
gatherings.
Power of
Governor in Council to prohibit public gatherings.
Proof.
PUBLIC ORDER (AMENDMENT)
(3) Where any person is convicted of an offence under subsection (1), the court may make an order for the fiture of any offensive weapon in respect of which the off committed.
was
17D. (1) The Commissioner of Police may, if it appears to him to be necessary or expedient in the interests of public order so to do, prohibit the holding or continuance of a public gathering in any area, premises or place or on any particular day.
(2) Notice of a prohibition under subsection (1) shall be given-
(a) either orally or in writing, to the person or to one of the persons (if more than one) promoting, direct- ing, organizing or managing the public gathering;
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(b) by publication, either orally or in writing, in such manner, or by posting a notice thereof in such place, as the Commissioner of Police may think fit.
(3) Any person who, after notice of a prohibition under subsection (1) has been given, takes part in the promotion, direction, organization or management of a public gathering which is held or continued in contravention of a prohibition under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprison- ment for 3 years.
(4) Any police officer may give or issue such orders and use such force as may be reasonably necessary to prevent the holding or continuance of a public gathering the holding or continuance of which has been prohibited under subsection (1) and to disperse any gathering of persons thereat.
(5) Any person who refuses or wilfully neglects to obey any order given or issued under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 12 months.
17E. (1) The Governor in Council may, if he is satisfied that, by reason of particular circumstances existing in Hong Kong or in any part thereof, it is necessary for the prevention of serious public disorder to prohibit the holding of public gatherings in Hong Kong or any part thereof, prohibit the holding in Hong Kong or any part thereof of all public gatherings, or of any class of public gatherings, for such period not exceeding 3 months as may be specified.
(2) Any person who-
(a) takes part in the promotion, direction, organization or management of a public gathering which is held or intended to be held in contravention of a prohibi- tion under this section; or
(b) takes part in or attends, or incites any other person to take part in or attend, any such public gathering, shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 3 years.
17F. A certificate purporting to be under the hand of the Commissioner of Police specifying-
Supplemental.
PUBLIC ORDER (AMENDMENT)
Ord. No. 67/80
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(a) the terms and date of any order given under section
6 or prohibition under section 9;
(b) any conditions imposed under section 11(2);
(c) the terms, date and conditions of any licence issued
under section 13;
(d) the terms, date and the manner of service of any
notice given under section 14(2);
(e) the terms, date and method of giving notice of any prohibition made or order given or issued under section 17D(1) or (4),
shall be prima facie evidence of such matter contained in such certificate in all legal proceedings.
17G. This Part shall be construed as being in addition to and not in derogation of the provisions of any Ordinance, and nothing in this Part relating to any matter shall affect the liability of any person to comply with any provision of any Ordinance in respect of the same matter.".
4. Sections 27 and 29 of the principal Ordinance are repealed.
5.
Repeal of sections
27 and 29.
Section 31 of the principal Ordinance is amended by inserting Amendment of after subsection (2) the following-
"(2A) The Commissioner of Police may delegate to any public officer or the person for the time being holding any office designated by him to exercise the powers conferred by subsection (2); and the reference in subsection (1) to a permit issued by the Commissioner of Police shall be construed accordingly.".
section 31.
6. Section 33(2) of the principal Ordinance is amended by deleting Amendment of "21" wherever it occurs and substituting the following-
"25".
section 33,
7. Section 37 of the principal Ordinance is amended by inserting Amendment of after subsection (2) the following-
"(2A) The Commissioner of Police may delegate to any public officer or the person for the time being holding any office designated by him to exercise the power to issue a permit conferred by subsection (2)(a); and the reference in subsection (3) to a permit issued under subsection (2) shall be construed accordingly.".
section 37.
8. Section 50(4) of the principal Ordinance is amended by deleting Amendment of "11" and substituting the following-
9.
"17".
section 50.
Section 52 of the principal Ordinance is amended in paragraph (a) Amendment of by deleting "7, 31, 37" and substituting the following--
"13".
section 52.
10. Any licence issued under Part III of the principal Ordinance Transitional. and in force immediately before the commencement of this Ordinance shall continue to have effect after such commencement, and the principal Ordinance shall apply thereto, as if this Ordinance had not been enacted.