Rioters damaging buildings, machinery, etc.
Riotously preventing the sailing of ship, aircraft or train
Forcible entry
Forcible detainer of premises
:
:
A267
A267
A267
A267
A268
A268
25.
Fighting in public
A268
+
H
26. Proposing violence at public gatherings
J
A268
---
J
A256
Ord. No. 64/67.
Section,
PART V.
PUBLIC ORDER
INTIMIDATION AND INTIMIDATING ASSEMBLIES.
27.
Intimidation
---
28.
Intimidating assembly
29.
Directing, organizing, etc. intimidation
30.
Organization of intimidating assembly
PART VI.
-
CONTROL OF PLACES, VESSELS, OFFENSIVE WEAPONS, ETC.
Page.
+
A269
++
A269
A270
+
A270
31.
Curfew orders
+
32.
33.
34.
35.
Carrying offensive weapons during curfew Possession of offensive weapon
in public place Power of Governor to prohibit the movement of vessels or
aircraft Detention of vessels and nircraft ...
+
J
+
+4-
A270
H
++
---
A272
A272
A273
+
H
A273
PART VII.
CLOSED AREAS.
36.
Closed areas
+++
-
37.
Permits to enter and leave closed area
38.
+
Prohibition on entering or leaving closed area without permit
39.
Power of arrest
+--
+
+
+
ITI
A274
+
A274
A274
L
L
J
A274
PART VII.
40.
41.
+ −1
SPECIAL CONSTABLES.
Power of Governor to authorize appointment of special constables Power
of special constable
TRI
ILL
+
42.
Special constable refusing to obey orders
PART IX.
GENERAL.
++
A275
A275
+
A275
43.
Security for good behaviour from suspected persons, etc.
44.
Order to be made
+
+
45.
Use of necessary force
---
46.
Restriction on use of force
47.
Offences by societies, etc.
+
ייז
48.
Proof of lawful authority or excuse
49.
Power of entry and search, etc.
+
T
---
50.
Powers of members of certain auxiliary services and Her Majesty's
forces
++ |
51.
52.
Power of Governor to give directions Delegation of powers
---
J
+4
LIJ
+
53.
Indemnity to persons acting under Ordinance
54.
Repeal
+
+
JLI
55.
Amendments
T +
---
+
56.
Transitional provisions
P
++
A275
A276
A277
+
A277
---
A277
++
A278
A278
A279
+
A280
A280
A280
A280
+
A280
A282
PUBLIC ORDER
HONG KONG
No. 64 of 1967.
I assent.
L.S.
Ord. No. 64/67.
A257
D. C. C. Trench,
Governor.
16th November. 1967.
An Ordinance to consolidate and amend the law relating to the
maintenance of public order, the control of organizations, meetings,
places, vessels and aircraft, unlawful assemblies and riots and matters
incidental thereto or connected therewith.
[17th November, 1967.]
Enacted by the Governor of Hong Kong, with the advice and consent of
the Legislative Council thereof,
PART I.
PRELIMINARY.
1. This Ordinance may be cited as the Public Order Ordin- Short title.
ance 1967.
2.
In this Ordinance, unless the context otherwise requires
Interpretation. "closed area" means any area or place declared to be a
closed area
by order under section 36;
"meeting" means any gathering or assembly of persons convened
or held for any purpose, but does not include any meeting convened or
held exclusively for the purposes of any public body;
"offensive weapon" means any article made, or adapted for use, or
suitable, for causing injury to the person, or intended by the person
having it in his possession or under his control for such use by him or
by some other person;
"political organization" means any organization which has among its
objects any political object or pursues any political purpose; "public
gathering" means a public meeting, a public procession and any other
meeting, gathering or assembly of ten or more persons in any public
place;
"public meeting" means any meeting held or to be held in a public
place;
"public place" means any place to which for the time being the public or
any section of the public are entitled or permitted to have access,
whether on payment or otherwise, and, in
A258
Ord. No. 64/67.
PUBLIC ORDER
с
Power to prohibit flags,
etc.
Prohibition of uniforms in connexion with political objects.
relation to any meeting, includes any place which is or will be, on the
occasion and for the purposes of such meeting, a public place:
"public procession" means any procession in, to or from a public
place;
"society" means any club, company, partnership, association or
body of persons.
PART II.
CONTROL OF ORGANIZATIONS.
3. (1) Any police officer of or above the rank of inspector
may--
(a) prohibit the display at a public gathering of any flag,
banner or other emblem;
(b) prohibit the owner, tenant, occupier or person in charge of any
premises or place from permitting the display of any flag, banner or
other emblem on or at the premises. or place.
if the display of any flag, banner or emblem is, in the opinion of such
police officer, likely to cause or lead to a breach of the peace.
(2) Where a prohibition is issued under subsection (1), any police
officer may seize and detain any flag, banner or emblem. and may if
necessary enter any premises or place whatsoever, using such force as
may be necessary for these purposes.
(3) Any person who displays or permits the display of any flag, banner
or other emblem in contravention of any prohibition issued under
subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of five thousand dollars and to
imprisonment for two years.
(4) No prosecution for an offence under this section shall be instituted
without the consent of the Attorney General.
4. (1) Any person who in any public place or at any public gathering
wears any uniform signifying his association with any political
organization or with the promotion of any political object shall be
guilty of an offence and shall be liable on summary con- viction to a
fine of five thousand dollars and to imprisonment for three years.
(2) The Commissioner of Police may, if he is satisfied that the wearing
of any such uniform as aforesaid on any ceremonial, anniversary or other
special occasion will not be likely to involve risk of public disorder,
by order in writing permit the wearing of such uniform on that occasion
either absolutely or subject to such conditions as he may specify in the
order.
PUBLIC ORDER
Ord. No. 64/67,
(3) Any person who contravenes any condition imposed by he Commissioner
of Police under subsection (2) shall be guilty of an offence and shall
be liable on summary conviction to a fine of two thousand dollars and to
imprisonment for twelve months.
5. (1) If the members or adherents of any society are~~~ (a) organized
or trained or equipped for the purpose of enabling them to be employed
in such a manner that such employment usurps, may usurp, tends to usurp
or appears to usurp the functions of the police or the armed forces of
the Crown; or
(b) organized and trained or organized and equipped for the purpose of
enabling them to be employed for the use or display of physical force in
promoting any political object, or in such manner as to arouse
reasonable apprehension that they are organized and either trained or
equipped for that purpose,
then-
(i) any person who is a member or adherent of such society shall be
guilty of an offence and shall be liable on summary conviction to a fine
of five thousand dollars and to imprisonment for three years; and
(ii) any person who takes part in the control or management of such
society, or in organizing or training or equipping as aforesaid any
members or adherents of the society. shall be guilty of an offence and
shall be liable on con- viction on indictment to imprisonment for ten
years and on summary conviction to a fine of five thousand dollars and
to imprisonment for five years.
(2) In any criminal proceedings under this section, proof of things
done or of words spoken, written or published, whether or not in the
presence of a party to the proceedings, by any person taking part in the
control or management of a society or in organizing, training or
equipping members or adherents of a society shall be admissible as
evidence of the purposes for which, or the manner in which, members or
adherents of the society (whether those persons or others) were
organized or trained or equipped.
PART III.
CONTROL OF PUBLIC MEETINGS AND PROCESSIONS.
6. The Commissioner of Police may, if it appears to him to be necessary
or expedient in the interests of public order so to do, in such manner
as he may think fit by order-
(a) notwithstanding the issue of any permit under paragraph
A259
Prohibition of quasi-military organizations.
Control of
public gatherings.
(29) of section 4 of the Summary Offences Ordinance, (Cap. 228.)
ኑ
A260
Ord. No. 64/67.
Licensing of public meetings and public processions.
PUBLIC ORDER
control and direct the extent to which music may be play ed, or to which
music or human speech or any other sound may be amplified, broadcast,
relayed, or otherwise reproduced by artificial means, in public places:
(b) control and direct the conduct of all public gatherings and specify
the route by which, and the time at which, any public procession may
pass;
(c) for any of the purposes aforesaid, give or issue such
orders as he may consider necessary or expedient.
7. (1) No public meeting and no public procession shall take place save
under and in accordance with the terms and conditions of a licence in
that behalf issued under this section, and no public meeting and no
public procession shall be adver- tised or otherwise publicized unless
such a licence therefor has been issued.
(2) Any person wishing to hold, convene, organize or form a public
meeting or a public procession shall make application for a licence in
that behalf to the Commissioner of Police not less than seven days
before the public meeting or public procession is to be held, convened,
organized or formed and the Commissioner of Police shall, if he is
satisfied that the public meeting or public procession is not likely to
prejudice the maintenance of public order or be used for any unlawful or
immoral purpose, issue a licence in writing in such form as he may
determine, specifying the name of the licensee and defining the
conditions on which the public meeting or public procession may take
place.
(3) The Commissioner of Police may attach to a licence issued under
subsection (2) such conditions as he may think fit.
(4) Without prejudice to the provisions of subsection (2), the
Commissioner of Police may refuse to grant a licence under this section
if-
(a) the applicant or any person or society associated directly or
indirectly with the application or likely in the opinion of the
Commissioner of Police to be concerned in the holding, convening,
organizing or forming of the public meeting or public procession has, in
relation to any public gathering, at any time contravened the provisions
of this Ordinance or of any other law or any condition of a licence
issued under this Ordinance or any other law; or (b) the public meeting
or public procession has been adver- tised or otherwise publicized in
contravention of sub- section (1).
(5) This section shall not apply to-
(a) any public meeting exclusively for religious purposes;
PUBLIC ORDER
Ord. No. 64/67.
A261
(b) any public meeting taking place in a place of public entertainment
licensed under section 4 of the Places of Public Entertainment Ordinance
and in accordance with that Ordinance and the conditions of the licence
and any permission granted under that Ordinance; or
(c) any public meeting taking place with the permission of the
Commissioner of Police granted under section 8 of the Places of Public
Entertainment Ordinance and in accordance with the conditions to which
such permis sion is subject.
8. (1) The Commissioner of Police may at any time, if it appears to him
to be necessary or expedient in the interests of public order or for
preventing the carrying out of any unlawful or immoral purpose so to do
(a) cancel any licence issued by him under section 7; or
(b) amend the conditions of any such licence.
(2) Notice of any such cancellation or amendment shall be given-
(a) in writing to the licensee;
(b) in writing to any other person concerned in the holding, convening,
organizing or forming of the public meeting or public procession; or
(c) by publication in such manner, or by posting in such
place, as the Commissioner of Police may think fit.
9. It shall be a condition of every licence issued under section 7 that
the licensee shall be present at the public meeting or public procession
from the first assembly thereof to the final dispersal thereof, and
shall forthwith comply with any directions which may be given to him by
any police officer for ensuring the due performance of and compliance
with the conditions of the licence and the maintenance of public order
throughout the period of assembly, conduct and dispersal of the public
meeting or public procession and the period of one hour immediately
following the final dispersal thereof.
10. Where under section 7 or 8 a licence is refused or can- celled, or
is issued subject to conditions, or the conditions of any such licence
are amended, the applicant or licensee, as the case may be, may appeal
in writing to the Governor against such refusal or cancellation or the
imposition or amendment of such conditions or any of them, and the
Governor may on any such appeal con- firm, reverse or vary the decision
appealed against.
(Cap. 172)
Cancellation
and amendment of licences.
Conditions of licences.
Appeals.
A262
Police powers over meetings, processions
and gatherings.
Ord. No. 64/67.
PUBLIC ORDER
11. (1) Any police officer may prevent the holding of, stop or
disperse any public meeting or public procession which is required to be
licensed under section 7 and is not so licensed or in regard to which
any condition of a licence issued under section 7 is being or has been
contravened.
(2) Any police officer of or above the rank of inspector
may-
(a) prevent the holding of, stop, disperse or vary the place or route of
any public gathering, other than a public meeting exclusively for
religious purposes, whether or not the public gathering is required to
be or is licensed under section 7; or
(b) stop or disperse any public meeting exclusively for religious
purposes or any meeting convened or held in any premises or place which
is not a public place or any gathering or procession of persons
whatsoever or wheresoever,
if the same is causing or is in his opinion likely to cause or lead to a
breach of the peace.
(3) For the purpose of exercising the powers conferred by subsections
(1) and (2), respectively, a police officer and a police officer of or
above the rank of inspector may give or issue such orders as he may
consider necessary or expedient, and such police officer and any other
police officer may-
(a) use such force as may be necessary to prevent the holding of, stop
or disperse, as the case may be, the public meet- ing, public
procession, public gathering or other meeting, gathering or procession
of persons; and
(b) enter any premises or place whatsoever in which any meeting is
taking place or any persons are gathered.
(4) If a police officer of or above the rank of inspector has reason
to believe that a public meeting or public procession which is required
to be licensed under section 7 and is not so licensed is likely to take
place or form in any public place, he may cause access to that public
place and to any other public place adjacent thereto to be barred and to
be closed to the public or to any person or class of persons for such
time as may be necessary to prevent the public meeting or public
procession taking place.
(5) The closure of any public place under subsection (4) shall be
notified by means of notices exhibited, or physical barriers erected, at
the places of access thereto, or by oral public announce- ment in the
vicinity thereof, or in such other manner as the police officer
aforesaid may think fit.
PUBLIC ORDER
Ord. No. 64/67.
A263
(6) Any police officer may use such force as may be necessary
to prevent any person from entering or remaining in any public place to
which access has been closed to him under this section.
12. (1) Any person who-
(a) neglects or refuses to obey any order given or issued
under section 6 or subsection (3) of section 11; or
(b) contravenes any condition of a licence issued under section 7 or
suffers or permits any such contravention; or (c) without the permission
of any police officer on duty there, enters or remains in a public place
to which access has been closed to him under subsection (4) of section
11: or (d) prints, publishes, displays, distributes or circulates a
notice of, or in any other manner advertises or publicizes, a public
meeting or public procession which is not licensed under section 7.
shall be guilty of an offence and shall be liable on summary con-
viction to a fine of five thousand dollars and to imprisonment for
twelve months.
(2) Where-
(a) any public meeting or public procession takes place
without a licence under section 7; or
(b) three or more persons taking part in or forming part of a public
gathering neglect or refuse to obey an order given or issued under
section 6; or
(c) three or more persons taking part in or forming part of a public
meeting, public procession or public gathering, or other meeting,
procession or gathering of persons neglect or refuse to obey an order
given or issued under subsection (3) of section 11,
the public meeting, public procession or public gathering, or other
meeting, procession or gathering of persons, as the case may be. shall
be deemed to be an unlawful assembly.
(3) Where any public meeting, public procession or public gathering, or
other meeting, procession or gathering of persons, is deemed to be an
unlawful assembly by virtue of subsection (2)- (a) every person who
takes or continues to take part in, or forms or continues to form part
of, any such unlawful assembly; and
(b) every person who-
(i) holds, convenes, organizes, forms or collects, or assists or is
concerned in the holding, convening, organiz- ing, forming or collecting
of, any public meeting or public procession such as is referred to in
paragraph (a) of subsection (2); or
Offences in relation to sections 6.
7 and 11.
A264
Disorder in public places.
Prohibition of offensive weapons at public meetings and processions.
(Cap. 233.)
Ord. No. 64/67.
PUBLIC ORDER
(ii) continues or attempts to continue to hold or con, duct, or to
direct otherwise than for the purpose of securing obedience to an order
given or issued under section 6 or subsection (3) of section 11, any
public gathering such as is referred to in paragraph (b) of sub- section
(2), or any public meeting, public procession or public gathering, or
other meeting, procession or gather- ing of persons, such as is referred
to in paragraph (c) of subsection (2),
after the same has become an unlawful assembly as aforesaid,
shall be guilty of an offence and shall be liable-
(i) on conviction on indictment, to imprisonment for five
years; and
(ii) on summary conviction, to a fine of five thousand dollars
and to imprisonment for three years.
13. (1) Any person who at any public gathering acts in a disorderly
manner for the purpose of preventing the transaction of the business for
which the public gathering was called together or incites others so to
act shall be guilty of an offence and shall be liable on summary
conviction to a fine of five thousand dollars and to imprisonment for
twelve months.
(2) Any person who behaves in a noisy or disorderly manner. or uses
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 summary conviction
to a fine of five thousand dollars and to imprisonment for twelve
months.
14. (1) Any person who, while present at any public meeting or on the
occasion of any public procession, has with him any offensive weapon,
otherwise than in pursuance of lawful authority, shall be guilty of an
offence and shall be liable on summary con- viction to a fine of five
thousand dollars and to imprisonment for two 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 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 subsection (1) or (2) of section 16 of the Hong
Kong Auxiliary Police Force Ordinance;
PUBLIC ORDER
(c) a member of the Fire Services Department; (d) a public officer:
(c) a member of Her Majesty's forces; or
Ord. No. 64/67,
A265
(f) a member or officer of the Royal Hong Kong Defence Force when the
Force has been called out under sub- section (1) of section 16 of the
Royal Hong Kong Defence Force Ordinance or the unit or part of the Force
to which such member or officer belongs, or such member or officer, has
been called out under subsection (1) of section 17 of the Royal Hong
Kong Defence Force Ordinance. (3) Where any 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.
15. (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 (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 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 summary con- viction to a fine of five
thousand dollars and to imprisonment for three years.
(4) Any police officer may give or issue such orders and use such force
as may be necessary to prevent the holding or con- tinuance 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 neglects or refuses to obey any order given or issued
under subsection (4) shall be guilty of an offence and shall be liable
on summary conviction to a fine of five thousand dollars and to
imprisonment for twelve months.
16. (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
(Cap. 199.)
Power of Commissioner of Police to
prohibit public gatherings.
Power of Governor in Council to prohibit public gatherings.
+
A266
Ord. No. 64/67.
Proof.
Unlawful assembly.
PUBLIC ORDER
Hong Kong or any part thereof, prohibit the holding in Hon✩ Kong or any
part thereof of all public gatherings, or of any class of public
gatherings, for such period not exceeding three 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 prohibition 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 summary con-
viction to a fine of five thousand dollars and to imprisonment for three
years.
17. A certificate purporting to be under the hand of the Com- missioner
of Police specifying-
(a) the terms and date of any order given or issued under
section 6;
(b) the terms, date and conditions of any licence issued
under section 7;
(c) the terms, date and the manner of service of any notice
given under subsection (2) of section 8;
(d) the terms, date and method of giving notice of any prohibition or
order given or issued under subsection (1) or (4) of section 15,
shall be prima facie evidence of such matter contained in such
certificate in all legal proceedings.