to the City Hall Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent
of the legislative Council thereof.
1. This Ordinance may be cited as the Public Order (Amendment)
Ordinance 1969.
Amendment of section 2.
(Cap. 245.)
2.
Section 2 of the principal Ordinance is amended by deleting
the definition of "meeting" and substituting the following
""meeting" means
-
(a) any gathering or assembly of persons convened or
organized for any purpose; and
(b) any gathering or assembly of persons, whether or not
previously convened or organized, at which any person
assumes or attempts to assume control or leadership
thereof,
Amendment of section 3.
but does not include any gathering or assembly of persons
convened or organized cxclusively -
(i) for the purposes of any public body; or
(ii) for the purpose of carrying out any duty or exercicing
any power inposed or conferred by ary Ordinance;".
3. Section 3 of the principal Ordinance is amended by deleting
subsections (1) and (2) and substituting the following
-
· 2 -
"(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, and the owner or person in charge of
any vehicle, tramcnr, train or vessel from permitting the
display of any flag, banner or other emblem on or at the
premises, place, vehicle, trancar, train or vessel,
if such police officer reasonably believes that the display of any
flag, banner or emblem is 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 reasonably necessary
(a) enter any premises or place;
(b) stop and board any vehicle, trancar, train or vessel,
using such force as may be necessary for these purposes.".
Arendment of section 7.
4.
Section 7 of the principal Crdinance is amended -
(a) in subsection (2), by inserting after "procession" in the
second place there it occurs the following
"(or twenty-four hours before a public procession solely
for the purposes of a funeral in the case of a procession
at which the body is present)";
(b) in subsection (4), by inserting after "ray" the following
", except in the case of a public procession solely for
the purposes of a funeral,";
(c) in subsection (5)
-3-
paragraph
(i) by deleting "or" at the end of pre-raph (b);
(ii) by deleting the full stop at the end of paragraph (c)
and substituting a semicolon; and
(iii) by inserting thereafter the following new paragraphs
"(d) any public meeting held exclusively for social
purposes in any restaurant licensed under the
Public Health and Urban Services Ordinance; or
(Cap. 132.)
(e)
any public meeting solely for the purpose of a
funeral.".
Amendment of section 9.
5.
Section 9 of the principal Ordinance is amended -
the
(a) by inserting after "to the final dispersal thereof" the
following -
Amendment of
section 11.
", unless he is prevented from being so present by
reason of illness or other unavoidable cause";
tt
(b) by deleting and the period of one hour immediately following
the final dispersal thersof".
6. Section 11 of the principal Ordinance is amended in subsec-
tion (2) by deleting "if the same is causing or is in his opinion" and
substituting the following -
"if he reasonably believes that the same is".
- 4 -
Amendment of section 12.
7.
Section 12 of the principal Ordinance is wonded
-
(a) in subsection (2), by deleting percgraph (a) and substituting
the following -
"(a) any public macting or public procession for which
e licence is required under section 7 takes place.
without such a licence;";
(b) in subsection (3), by inserting in paragraph (a) after "who"
the following
", without lawful authority or reasonable excuse,".
Amendment of section 14.
8.
Section 14 of the principal Ordinance is amended in subsec-
tion (1) by deleting "otherwise than in pursuance of lawful authority"
and substituting the following
Amendment of section 15.
"without lawful authority or reasonable excuse.
9. Section 15 of the principal Crdinance is amended in subsec-
tion (3) by inserting after "Any person who" the following
-
", after notice of a prohibition under subsection (1) has been
given,".
Amendment of section 18.
10. Section 18 of the principal Ordinance is amended
(a) in subsection (1)
5-
(i) by insorting, before "nanner", the following
"disordew -tiridating, insulting or provocative";
(ii) by deleting "such assembly" and substituting the
following -
"cuch conduct":
(b) in subsection (3), by deleting "unlawful assembly" in the
first place where it occurs and substituting the following
"assembly which is an unlawful assembly by virtue of
subsection (1)",
Ancndment of section 19.
11. Section 19 of the principal Ordinance is amended in subsection
(1) by deleting "unlawful assembly" and substituting the following
Amendment of section 23.
"assembly which is an unlawful assembly by virtue of subsection
(1) of section 18".
12. Section 23 of the principal Ordinance is amended by deleting
subsection (2) and substituting the following -
"(2) Nothing in this section shall make it an offence for a
person to enter upon his cam pronices if they are in his posses-
sion or in the custody of his servant or agent.".
Amendment of
section 25.
13. Section 25 of the principal Crd nance is amended by deleting
"a fight" and substituting the following
Grad
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"an unlawful fight".
Amendment of section 26.
14. Section 26 of the principal Ordinance is amended by deleting
"or is likely" and substituting the following
"or which he knows or ought to know is likely".
Amendment
of Part V.
15. Part V of the principal Ordinance is amended in the heading
by deleting "AND INTIMIDATING ASSEMBLIES".
Repeal and replacement of section
27.
16. Section 27 of the principal Crdinance is repealed and
replaced by the following
"Intimida- tion.
27. (1) Any person who, without lawful authority
anything or reasonable excuse, does or says anthing, or behaves
in a manner, or utters or distributes any publication,
which is likely to make some other person apprehensive
as to what may happen
-
(a) to such other person or to any member of the
family or any dependant of such other person;
(b) to any property, business, undertaking or
interest of such other person or of any member
of the family or any dependant of such other
person;
(c) to any building or place occupied by such
other person or by any member of the family
or any dependant of such other person; or
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(d)
to any business or undertaking in which such
other person or any member of the family or
any dependant of such other person is
employed,
shall be guilty of an offence.
(2) Any person guilty of an offence under this
section shall be liable
-
(a)
on conviction on indictment, to imprisonment
for five years; and
(b)
on summary conviction, to a fine of five
thousand dollars and to imprisonment for two
years.".
Repeal of section 28.
Repeal of section 30.
17. Section 28 of the principal Ordinance is repealed.
18. Section 30 of the principal Ordinance is repealed.
Amendment of section 31.
19. Section 31 of the principal Ordinance is amended in subsec-
tion (2) by inserting, after paragraph (b), the following new
paragraph
"(c) Upon cancellation of a pernit under paragraph (b), the Con-
missioner of Police shall serve on the permit holder, either
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porsonally or by registered post, notice in writing of the
cancellation, and upon receipt of the notice the permit
holder shall forthdth murrender his permit.".
Arendent of section 32.
20. Section 32 of the principal (rainunco is amended in subsec-
tion (1) by inserting, after "uithout lawful authority", the following
"or reasonable excuse",
Rereal and
replacement
21. Section 35 of the principal Ordinance is repealed and
of section replaced by the following
•
36.
Amendment of section 37.
"Closed
areas.
36. (1) The Governor may by order declare any
area or place to be a closed area.
(2) An order nade under subsection (1) shall come
into force at such time as may be specified therein or,
if no time is so specified, imediately upon the making
thereof by the Governor and shall be published in the
Gazette as soon as may be reasonably practicable after
the making thereof.
(3) The Coraissioner of Police and such other
person as may be authorized in any order made under
subsection (1) may cause 2 closed area to be closed
by the erection of barriers or otherwise.".
22. Section 77 of the principal Ordinance is amended
-
(a) by deleting subsection (2) and substituting the following
9
10
"(2) In the case of any closed area, other than a
closed area referred to in subsection (1), a permit ny
be issued -
(a) by the Commissioner of Police; or
(b) by such authority or person as may be speci-
fled for that purpose by the Governor in any
order made under section 36,
to any person allowing that person to enter or leave
the closed area."
(b) by inserting, after subsection (3), the following new
subsection
"(4) Upon cancellation of a permit under this
section, the person cancelling the permit shall serve
on the permit holder, either personally or by registered
post, notice in writing of the cancellation, and upon
receipt of the notice the permit holder shall forthwith
ourrender his permit."
Amendment of section 39.
23. Section 39 of the principal Ordinance is amended by
-
(a) deleting subsection (1) and substituting the following
"(1) lithout prejudice to the provisions of this
Ordinance or of any other law, any member of Her
Majesty's forces, or any guard, ray arrest
· 10-
(2)
any person thon he finds in a closed area if
he has reason to suspect that such person has
committed or is about to comit my offence;
(b) any person whom he finds committing any
offence in a closed aroa;
(c) any person whom he finds attempting to enter
a closed aroa, if he has reason to suspect
that such person has not been issued with a
permit under section 37,
and may use such forco as may be necessary for the
purpose.";
(b) inserting, after subsection (2), the following new sub-
sections
-
"(3) Any police officer of or above the rank of
inspector, with the assistance of such other police
officers as may be necessary, may -
(a) detain any person who is in a closed area
without permission or authority for such time
as may be necessary to ensure his orderly
renoval therefrom; and
(b) remove therefrom any person who is in a
closed area without permission or authority.
Arendront of
section 40.
#
نا
(4) In this section, "guard" reans
(a) member of the Essential Services Corpo;
(b)
any person appointed to guard a closed area by
the Governor or the Commander British Forces;
and
(c) any person appointed to guard a closed area by
such authority or person as may be specified
for that purpose by the Governor in any order
made under section 35.".
24. Section 40 of the principal Ordinance is amended
(2) by deleting "any magistrate" and substituting the following
"the Commissioner of Police";
(b) by inserting after "to appoint" the following -
"in writing".
Amendment of section 4.
25. Section 44 of the principal Crdinance is conded
(a) by deleting subsection (1) and substituting the following
"(1) When a person is required to show cause under
section 43, the magistrate shall set forth in writing
the cider proposed to be rade (hereinafter in subsections
- 12-
(2), (4), (6) and (7) referred to as the proposed order)
in which shall be stated
-
(a) the substance of the information received;
(b) the mount of the bond to be cxocuted;
(c)
the date of commencement and expiry of bond;
(d)
the number, character and class of sureties,
if any, required.";
(b) in subsection (2), by deleting "the order" and substituting
the following
"the proposed order";
(c) in subsection (4), by deleting "the order" and substituting
the following
"the proposed order";
(d) in subsection (5), by deleting "in pursuance of an order as
aforesaid" and substituting the following
"in accordance with subsection (3)";
(e) in subsection (6), by deleting "the order" and substituting
the following
"the proposed order";
1
13
(f) in subsection (7), by deleting "the order" and substituting
the following
"the proposed order";
(g) in subsection (8), by inserting after "A bond executed" the
following -
"under this section";
(h) in subsection (12), by deleting "accordingly" and substituting
the following
"in accordance with subsection (10)".
fiepeal and replacement of section
19.
26. Section 49 of the principal Ordinance is repealed and
replaced by the following
"Power to require iden- tification.
19. A zuber of Her Majesty's forces acting in the
course of his duty and a police officer, for the purposs
of preventing or detecting any offence, may require any
person to give his correct name and address and produce
any paper in his possession by which he can to identi-
fied, and any person tho fails to comply with any such
requirement shall be guilty of an offence and shall be
liable on sumary conviction to a fine of one thousand
dollars and to imprisonment for six months.'
T:
Addition of
new section 504.
27.
The principal rdinance is amended by adding, after sectica
50, the following new section -
"Obstruction.
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50A. Any persa o obstructs -
(a) any member of Her Majesty's forces;
(b) any manber of the Loyal Hong Leng Defence
Force; or
!
(c) any other person,
exercising any powers or performing any duties conferred
or imposed on him by this Crdinance or by any orders,
directions, requirements or notices made thereunder
shall be guilty of an offence and shall be liable on
summary conviction to a fine of one thousand dollara
and to imprisonment for six months,"
+
Amendment of Cap. 328.
28. Section 2 of the City Hall Crdinance is amended by deleting
the definition of "public meeting" and substituting the following
-
""public nesting" means
-
(a) any gathering or assembly of persons convened or organ-
ized for any purpose; and
(b) any gathering or assembly of persons, whether or not
previously convened or organized, at which any person
assures or attempts to assume control or leadership
thereof,
but does not include any gathering or assembly of persona
-
- 15
+
convened or organized exclusively
(i) for the purposes of any public body; or
(ii) for the purpose of carrying out any duty or exercising
any power imposed or conferred by any Ordinance;".
Exxlanatory Memorardum.
relax
This Bill makes a number of amendments to the Public Order
Ordinance which are designed to clarify some provisions about which
doubt has been expressed and to rslas others in order to give better
protection to the public aganist any misuse of powers or against the
possible conviction of persons innocently involved in circumstances
which constitute offences under the Ordinance.
2.
Clause 2 replaces the definition of "meeting" in the princi-
pal Ordinance so as to limit it only to those meetings where there is
a degree of organization and to exclude those meetings which are held
for any statutory purpose, such as creditors' meetings; the definition
will cover the situation where there is no prior organization but a
person assures control or leadership of a group in a public place.
3.
It is considered desirable that the power conferred on a
police officer by subsection (1) of section 3 of the principal Ordin-
ance should be exercised on the basis of reasonable belief rather than
on the basis of the opinion of the police officer. Similarly, subsec-
tion (2) of section 3 is amended so as to ensure that when a police.
officer enters any premises or place it should be "reasonably" neces-
sary for him to do so. The section is also amended so as to control the
flying
flaying of flags on vehicles and vessels, as well as on premises.
¡
- 16 -
Clause amends section 7 by providing that an application for
the licence of the Commissioner of Folice for a funeral procession shall
be made not less than twenty-four hours before the procession is held.
The clause also exempts funeral meetings and meetings held for social
purposes in a restaurant from the need to be licensed.
5.
By section 9 of the principal Ordinance, every licensee of a
licence obtained under section 7 shall be present at the public meeting
or public procession from the first assembly to the final disperal
desforsal
thereof, and shall comply with any police directions regarding such
meeting or procession throughout the period of assembly, conduct and
dispersal thereof and the period of one hour following the final dis-
persal thereof. It is now felt that these conditions can cause problems
when the licensee is unavoidably absent from the meeting. Accordingly,
clause 5 proposes to amend section 3 by providing a defence for a licen-
see who is absent from a meeting by reason of illness or other unavoid-
able cause.
Furthermore, the requirement that police directions be
complied with during the period of one hour after the final dispersal of
a meeting or procession is deleted.
6.
Clause 6 amends subsection (2) of section 11 so as to oblige a
police officer, when cxercising the powers conferred by the subsection,
to act only on reasonable belief.
7.
Clause 7 makes it clear that paragraph (a) of section 12(2)
applies only to meetings or processions for which a licence is required
under section 7. Also, subsection (3) is amended so as to afford to a
person charged with an offence rader the cubsection the defence of law-
ful authority or reasonable excuse; this is intended to confer
protection
on any innocent bystander who becomes unintentionally involved in en
unlawful assembly.
- 17 -
8.
Section 14 is amended ro as to enable a person charged with
possessing an offensive weapon at a public meeting or procession to
plead
"lawful authority or reasonable excuse" as a defence.
9.
(Clause 8).
Subsection (3) of section 15 is aended in such a way as to en-
sure that only those tho promote, direct, organize or manage a
prohibited
public gathering after the issue of the prohibition by the Commissioner
of Police shall be guilty of an offence under that subsection.
(Clause 9).
10.
The definition of an unlawful auserbly in section 18 is altered
by clause 10 to show that there must be a discrderly element in the
conduct of an assembly Lefore it becomes unlawful. Clauses 10 and 11
also make it clear that sections 18 and 19 apply only to assemblies
which
are unlawful by virtue of section 18, and not to assemblics deemed
unlaw-
ful by section 12.
11.
The offence of forcible entry under section 23 will not be
committed by a man who enters his own premises. (Clause 12).
12.
A
At present, section 25 applies to any fight in/public place,
which might include a boxing match. This section is confined to unlawful
fights by clause 13.
ion 26 an objective test will have to be applied in
13.
I
deciding w
(Clause 11
n accused has comitted an offence under the section.
i
14.
dation, i
7 of the principal Ordinance, which deals with intimi-
ed by clause 16 and replaced by a new section which is
based on!
ph (a) of the repealed section. It is considered that
the present Lection is too wide in its scope and that the mischief aimed
at can be adequately dealt with under the new provision.
15.
The offence of intimidating assembly is thought to be super-