(p. 199.)
(Cap. 198_)
(Omp. 264)
Power of CommissionET of Poles
To takbir.
public
anthedom.
Power of Governor Coont
La prohibh
pabile gatherings.
10
(c) a member of the Fire Services Department,
(d) a public officer;
(2) a member of Her Majesty's forces;
( an officer or member of the Royal Hong Kong Regiment when on active service under the Royal Hong Kong Regiment Ordinance;
(g) an officer or member of the Royal Hong Kong Auxiliary Air Force when on active service under the Royal Hong Kong Auxiliary Air Force Ordin-
ance; or
(A) an officer of the Independent Commission Agatost Corruption established under the ladependent Com- mission Against Corruption Ordinance.
(3) Where any person is convicted of an offence under subsection (1)ỵ the court may make an order for the forfeiture of any offensive weapon in respect of which the offence was commilled.
17D. (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, direct- ing, organizing or managing the public gathering:
(6) by publication, either orally or in writing, in such manner, or by posting a police thereof in such place, as the Commissioner of Police may think fit.
(3) Any person who, after notice of a prohibition under subsection (1) has been given, takes part in the promotion, direction, organization or management of a public gathering which is held or continued in contravention of a probibition under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprison- ment for 3 years.
(4) Any police officer may give or issue such orders and use such force as may be reasonably necessary to prevent the holding or continuance 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 refuses or wilfully neglects to obey any order given or issued under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 12 months.
17E (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 Hong Kong or any part thereof, prohibit the holding in Hong Kong or any part thereof of all public
PTOOL
Supplemental.
4
5.
11
gatherings, or of any class of public gatherings, for such period not exceeding 3 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 probibi- tion 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 conviction to a line of $5,000 and to imprisonment for 3 yeats.
17F. A certificate purporting to be under the hand of the Commissioner of Police specifying-
(a) the terms and date of any order given under section
6 or prohibition under section 9;
(2) any conditions imposed under section 11(2),
(c) the terms, date and conditions of any licence issued
under acction 13;
(d) the terms, dale and the manner of service of any
notice given under section 14(2)
(a) the terms, date and method of giving molice of any prohibition made or order given or issued under section 17D(1) or (4).
shall be prima facie evidence of such matter contained in such certificate in ail legal proceedings.
176. This Port shall be coustrued as being in addition to and not in derogation of the provisions of any Ordinance, and nothing in this Part relating to any matter shall affeci the liability of any person to comply with any provision of any Ordinance in respect of the same matter.".
Sections 27 and 29 of the principal Ordinance are repealed,
Repent of seccons 27 Lod 29.
Section 31 of the principal Ordinance is amended by inserting Amtalment of after subsection (2) the following-
"(2A) The Commissioner of Police may delegate to agy public officer or the person for the time being holding any office designated by him to exercise the powers conferred by subsection (2); and the reference in subsection (1) to a permit issued by the Commissioner of Police shall be construed accordingly.".
Recio $1.
4. Section 33(2) of the principal Ordinance is amended by deleting Amendment of "21" wherever it occurs and substituting the following-
*****
section 14.
T. Section 37 of the principal Ordinance is amended by inserting Amendment of after subsection (2) the following—
"(24) The Commissioner of Police may delegate to any public officer of the person for the time being bolding any office designated by him to exercise the power to issue a permit conferred by subsection (2)a) and the reference in subsection (3) to a permit issued under subsection (2) shall be construed accordingly.".
mection 37.