22
CAP. 245]
Public Order
[1981 Ed.
(Cap. 136.)
(Cap. 227.)
(Cap. 298.)
(Cap. 226.)
Power of
Governor to prohibit the movement of vessels or aircraft.
(2A) Notwithstanding subsection (2), the court may, in rela- tion to a person convicted of an offence under this section, exercise the powers conferred by section 45 of the Mental Health Ordinance and for the purposes of that section an offence under this section is for the avoidance of doubt declared not to be an offence for which the sentence is fixed by law. (Added, 27 of 1978, s. 2)
(3) Where any person, other than a person under the age of 14 years, is charged with an offence under this section, it shall not be open to the court to exercise either the powers conferred by sec- tion 36 of the Magistrates Ordinance or the powers conferred by section 3 of the Probation of Offenders Ordinance.
(4) Where a person who is not less than 14 years of age and under 16 years of age is convicted of an offence under this section, section 11(2) of the Juvenile Offenders Ordinance shall not apply in relation to such person.
(5) No prosecution for an offence under this section shall be instituted without the consent of the Attorney General, but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence, or the remand in custody or on bail of a person charged with any such offence.
(6) Any police officer may stop and search any person in a public place in order to ascertain whether or not that person has been guilty of an offence against this section.
(7) Where a person is convicted of an offence under sub- section (1), the court may make an order for the forfeiture of any offensive weapon in respect of which the offence was committed.
(8) In this section "public place" includes a common part of any premises notwithstanding that the public or a section of the public are not entitled or permitted to have access to such common part or such premises. (Added, 20 of 1975, s. 2)
(Replaced, 45 of 1973, s. 2)
34. (1) The Governor may, if he is satisfied that it is necessary in the interests of public order so to do, by order prohibit or control the landing, taking off or movement of any aircraft or class of aircraft or the movement or anchorage of any vessel or the use of any waters in Hong Kong by all vessels or any vessel or class of vessel during such hours and for such a period and subject to such conditions as may be specified in the order.
any
(2) Any person who contravenes any provision of order made under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of $5,000 and to imprison- ment for 2 years.
(3) Any police officer or any public officer may take such steps and use such force as may be necessary to secure compliance with any order made under subsection (1).