14

CAP. 245]

Prohibition of offensive

weapons at

public meetings and processions.

(Cap. 233.)

(Cap. 199.)

(Cap. 198.)

(Cap. 204.)

Power of Commissioner

of Police to

prohibit public gatherings.

Public Order

[1981 Ed.

(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 meet- ing 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 imprisonment 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;

(c) a member of the Fire Services Department;

(d) a public officer;

(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 Ordinance; or

(h) an officer of the Independent Commission Against Cor- ruption established under the Independent Commission Against Corruption Ordinance.

(3) Where any person is convicted of an offence under subsec- tion (1), the court may make an order for the forfeiture of any offensive weapon in respect of which the offence was committed.

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, directing, organiz- ing or managing the public gathering; or

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