CONFIDENTIAL
XCC(91)172
recent Supreme Court judgment, where it was held that a prosecution under section 4(29) of the Summary Offences Ordinance had been an abuse of the Court's process, it was accepted that the section has seldom been enforced in respect of political meetings. We conclude that this section is a duplication and is no longer necessary. We therefore propose that the conditions governing the use of loudhailers at public meetings and processions should, like other essential conditions and requirements, be incorporated into the Public Order Ordinance as an integral part of the main legislation. New sections 11(1)(c), 11(1)(d), 15(1)(c) and 15(1)(d) in Clause 7 are thus proposed.
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The Bill will also remove section 4 of the Ordinance which prohibits the wearing of uniforms in connection with political objects except on ceremonial or special occasions with the written permission of the Commissioner of Police. This section was included in the Public Order Ordinance when first enacted in 1948 in the aftermath of the Second World War, at a time when there was a state of civil war in China. The object was to prevent aggressive political groups from imposing their political views by forcible methods. These provisions have never been invoked since the Ordinance was enacted and are no longer necessary. Likewise removed under the Bill will be section 17A(4), by which a person charged with certain specified offences under Part III is presumed to have acted knowingly unless the contrary is proved. This provision is regarded as unjust and contrary to the general right to be presumed innocent until proved otherwise. These amendments are outside the original context of the Part III Review but considered necessary in the course of our deliberation and are thus recommended.
LEGISLATIVE TIMETABLE
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Subject to Members' approval of the introduction of this Bill into the Legislative Council, the legislative timetable will be -
Publication in the Gazette
First Reading and commencement of Second Reading debate
Resumption of Second Reading debate, committee stage and Third Reading
6 December 1991
18 December 1991
to be notified
Executive Council
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