1967-HKRS28-8-34_Part03 — Page 53

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Use of necessary force.

Restriction on use of force.

Offences by societies, etc.

security, he shall be committed to prison until the expiration of such term as the magistrate may direct or until he shall furnish such security to the magistrate who made the order:

Provided that the period of imprisonment for failure to give security shall not exceed the period for which security is ordered to be given.

(11) Any person so imprisoned may be released by an order made by a magistrate if such magistrate considers he may be released without hazard to the community or any person.

(12) Any surety for peaceable conduct or good behaviour may apply to a magistrate to cancel any bond executed under this section. In such a case, the magistrate shall call for fresh security for the unexpired term and if not forthcoming shall order impris. onment accordingly.

45. Without prejudice to any other powers conferred by this Ordinance, any police officer may use such force as may be necessary-

(a) to prevent the commission or continuance of any offence

under this Ordinance:

(b) to arrest any person committing or reasonably suspected of being about to commit or of having committed any offence under this Ordinance; or

(c) to overcome any resistance to the exercise of any of the

powers conferred by this Ordinance.

46. (1) Whenever in this Ordinance it is provided that such force as may be necessary may be used for any purpose, the degree of force which may be so used shall not be greater than is reason- ably necessary for that purpose.

(2) Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property.

(3) Any person who uses such force as may be necessary for any purpose, in accordance with the provisions of this Ordinance. shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused injury or death to any person of damage to or loss of any property.

47. Where any offence under this Ordinance is committed by any society, every person charged with, or concerned or acting jo, the control of management of the affairs or activities of such society shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no

act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

48. Section 65 of the Criminal Procedure Ordinance (whereby the proof of lawful or reasonable authority or purpose or excuse shall lie upon the person charged with the offence) shall apply to all proceedings for any offence under this Ordinance in any court.

49. (1) Without prejudice to any other provision of this Ordinance, any police officer of or above the rank of inspector, with the assistance of such other police officers as may be neces- sary, may-

(a) enter and search any promises or place whatsoever if bo knows or has reason to suspect that an offence under this Ordinance is being or has been committed therein or that there is therein any evidence of the commission of an offence under this Ordinance:

(b) search any person found in any premises or place which he is empowered to enter and search under paragraph (4): (c) stop, board and search any vessel or stop and search any motor vehicle or tramcar if he knows or has reason to suspect that there is therein any evidence of the com- mission of an offence under this Ordinance;

(d) seize, remove and detain anything which is or contains or appears to him to be or to contain, or to be likely to be or to contain, evidence of the commission of an offence under this Ordinance.

(2) Any police officer may use such force as may be neces- sary for the exercise of the powers conferred by subsection (1), and any person found in any premises or place, or in any vessel. vehicle or tramcar, may be detained by any police officer until the same has been searched under subsection (1).

(3) Any police officer may, using such force as may be neces- sary, enter any premises or place whatsoever if he knows or has reason to suspect that-

(a) any person who has lately been in an unlawful assembly, a riot or an intimidating assembly, or engaged in any unlawful purpose, has escaped into such premises or place; or

(b) persons about to commit a breach of the peace are

assembled therein.

(4) A woman shall not be searched under this section except by a woman.

Proof of lawful authority or

excuse. (CAR. 2713

Power of entry" and search, etc.