1946-HKRS29-8-13_Part02 — Page 1

Power for Authorised guards to discharge Arearms.

Limitation

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(b) so far as consistent with the proper discharge of any other duty imposed upon him by this Ordinance to arrest or assist in effecting the arrest of

(i) any person who if he were in the protected place guarded by such authorised guard could layu- fully be removed therefrom under paragraph 3 of Regulation 32 aforesaid and who is either found therein by such authorised guard'or is reasonably suspected by him of attempting to enter such protected place or of having recently exited therefrom;

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(ii) any person whom he reasonably suspects of having committed an offence against this Ordinance;

(c) to comply with any direction given to him under

sub-section (2) of this section.

Provided that any person arrested by an authorised, guard shall be handed over to a member of the Hong Kong' Police Force as soon as conveniently may be.

(2) It shall be lawful for the Governor and for any person delegated in that bebalf by the Governor to give directions as to the manner in which authorised guards are to discharge the duties and exercise the powers imposed and conferred upon them by this Ordinance.

5. Subject us hereinafter provided and to any contrary direction under sub-sention (2) of section 4 hereof, it shall be lawful for an authorised guard in carrying out his duties under this Ordinance to discharge firearmis

(a) at any person whom he reasonably believes to be about to enter or leave a protected place and who fails to bult 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 be bas reason to believe is or has been stealing or is or has been committing any offence punishable under the Malicious Damage Ordinance, 1968, in Buch protected place and who fails to halt when challenged;

(d) at any person forming part of a group of three or more parsons 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 Aroana.

(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 auch authorised guard of his duties under this Ordinance.

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proot,

7. Where any authorised guard has in the course of ur 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

(a) fails to balt 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 bereby conferred;

(c) luiters 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 term not exceeding six months,

Passed the Legislative Council of Hong Kong, this 19th day of September, 1946.

Deputy Clerk of Councils,

Paculty.