Legislation
Provision
CONFIDENTIAL
Review of laws having an impact on press freedom
Proposed legislative amendments
Review
Conclusions and
recommendations
:
1. Defence Works
2.
Protection
Ordinance
(Cap. 195)
Summary
Offences
Ordinance
(Cap. 228)
Prohibits taking
photographs or possessing
plans of military premises
and other prohibited
places.
$.4(29)
Use of loudhailer and the
requirement for Police
permit.
Director of Public Prosecutions has
recently advised that there have been no
prosecutions under the Ordinance and
HQBF have recently advised that it is
something of an anachronism. The Crown
Solicitor agrees with this view.
Possible infringement of freedom of
expression. The Public Order Ordinance
contains similar provisions on control
of use of amplification devices.
Section 5(1)(b) of the Noise Control
Ordinance adequately deals with this
problem.
We
The Ordinance should be repealed
together with other obsolete
defence-related legislation.
will have to consider how to
manage this against possible
opposition from China.
The possible repeal of this
provision will be considered in
the context of the Public Order
(Amendment) Bill due to be
submitted to ExCo shortly.
s.8(d)
Offence of assembly at
night time without lawful
excuse and failure to
report immediately to
Police such assembly.
An outdated and unreasonable provision.
Legal advice is that this
provision is objectionable
because it compels members of
the public to be informants.
Intend to repeal.
Annex H