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Power for authorised
guards to discharge firearms.
Limitation
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5. Subject as hereinafter provided and to any contrary direction under sub-section (2) of section 4 hereof, it shall be lawful for an authorised guard in carrying out his duties under this Ordinance to discharge firearms
(a) at any person whom he reasonably believes to be about to enter or leave a protected place and who fails to halt when challenged;
(b) at any person whom he reasonably believes to be in the act of breaking into a protected place;
(c) at any person whom he has reason to believe is or has been stealing or is or has been committing any offence punishable under the Malicious Damage Ordinance, 1865, in such protected place and who fails to halt when challenged;
(d) at any person forming part of a group of three or more persons engaged in throwing stones or other articles at such authorised guard which he has reason to believe may cause him grievous bodily harm.
6. Nothing in section 5 contained shall authorise an
on power to authorised guard :
discharge firearms.
Onus of proof.
Penalty.
(a) to discharge firearms at any person if such person can be apprehended or prevented from escaping by any other lawful means consistent with the duties of such authorised guard under this Ordinance;
(b) to discharge firearms with intent to cause greater harm to any person than is reasonably necessary for the discharge by such authorised guard of his duties under this Ordinance.
7. Where any authorised guard has in the course of duty discharged firearms he shall until the contrary is proved be deemed to have been acting within the scope of the authority conferred upon him by this Ordinance.
8. Any person who
() fails to halt when challenged by an authorised guard;
(b) resists or obstructs, or aids or incites any person to resist or obstruct, an authorised guard in the discharge of the duties imposed upon him by this Ordinance or in exercise of the powers hereby conferred;
(c) loiters in the immediate vicinity of a protected place and is unable when charged before a Magistrate to satisfy such Magistrate that he was there for a lawful purpose;
(d) being a person who is unauthorised to enter a protected place fails to leave the immediate vicinity thereof when requested to do so by an authorised guard or a member of the Hong Kong Police Force;
shall be guilty of an offence against this Ordinance and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and to imprisonment for a exceeding six months.
term not
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Objects and Reasons.
1. The object of the Bill is to afford greater protection to vulnerable points and premises where equipment and commodities essential to the life of the community may be stored by constituting authorised guards of such premises and empowering such guards to take more energetic action than they lawfully may at present.
2. Power exists under Regulation 32 of the Defence Regulations 1940 as modified by the Emergency Powers (Extension) Proclamation for the Governor in the interests of defence or the protection of the public or for the maintenance of essential supplies and services to declare premises to be protected places, that is to say, places where special precautions are taken to prevent the entry of unauthorised persons.
3. Unfortunately the war has increased not only the facilities for obtaining arms but the number of persons who are prepared to resort to lawlessness which on occasions has taken the form of murder of those who seek to protect their property or to maintain law and order.
4. In these circumstances it has become necessary to employ members of the Forces and other special guards to guard docks and godowns as well as vital installations. These guards are handicapped in that in the eyes of the law their powers to suppress disorder and apprehend lawbreakers are only those given to the ordinary private citizen. In the exercise of such powers they are further handicapped by the very nature of their duties. If a guard were to leave his post in order to apprehend an offender he would often be compelled to leave the premises he is guarding temporarily unprotected, thus failing in his primary duty. In fact on a number of occasions in Kowloon, stones have been deliberately thrown at sentries in order to provoke them to desert their post and thus facilitate the looting of the valuable property they were guarding. Such tacties might equally well be employed to overpower a guard.
5. Although improvement has been effected in the strength and efficiency of the Police Force, theft and armed robbery occur with alarming frequency and essential equip- ment is often involved.
6. It has accordingly been decided to declare certain premises protected places by order of the Governor under Regulation 32 aforesaid and to arm the guards of such premises with special duties and powers including power to discharge firearms in the course of duty. Such power is specified in Clause 5 of the Bill.
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