(Cap. 1990
Power of Commissioner of Police to probibit public gatherings.
Power of Governor in Council to proftibit public gatherings.
(c) a member of the Fire Services Department:
(d) a public officer;
(e) a member of Her Majesty's forces; or
(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 line 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
Hong Kong or any part thereof, prohibit the holding in Hong 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-
(d)
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
(6) 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.
PART IV.
UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR OFFENCES.
Proof.
18. (1) When three or more persons, assembled together. Unlawful conduct themselves in a manner intended or likely to cause any
assembly. person reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly provoke other persons to commit a breach of the peace, they are an un- lawful assembly.
(2) It is immaterial that the original assembly was lawful, if being assembled, they conduct themselves in such a manner as aforesaid.
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