Persona found in premises
to which authorized officer denied Access to be guilty of offence.
Possession of corrosive substance.
ammunition or the offensive weapon or the explosive substance or the corrosive sub- stance, as the case may be, was in such premises or place or on the roof thereof; or (b) where arms or ammunition or an explosive substance or 9 corrosive substance was found in the premises or place or on the roof thereof, that the same was intended for use for a lawful object.
(3) For the purposes of this regulation, any premises or place shall be deemed to be a single premises or place whether or not the whole of the premises or place is in one building if access can be obtained internally from one part of such premises or place to another part thereof,
119B. Where the entry of an authorized officer to any premises or place which such officer is empowered to enter and search by or under these regulations or any other law is barred or impeded, any person found in or leaving such premises or place shall be guilty of an offence unless he shows that he took all practicable steps to facilitate the entry of such officer or that he did not know that such officer was attempting to cater such premises or place.
119C. Any person who without lawful authority or reasonable excuse has in his possession, custody or control any corrosive-substance shall be guilty of an offence.".
COUNCIL CHAMBER,
22nd July 1967.
Clerk of Councils.
Explanmory Note.
(This Note is not part of the regulations, but is intended to indicate their general purport).
These regulations amend the Emergency (Principal) Regulations so as to strengthen the law in order to assist the Police Force in dealing with the current disturbances. Amongst other things, the new regulations take account of the weapons being used by the troublemakers-especially home-made weapons of all kinds, acid, “fish bombs" and other explosive or incendiary devices.
2. The regulations create three new offences.
(e) The new regulation 119A provides that a person who frequents or is found in any premises or place in which arms, ammunition, offensive weapons, explosives or corrosive substances (acid or alkaline) are found is guilty of an offence. Experience in recent police raids has shown that, unless it could be proved that weapons were in the physical possession of a particular person, it has not been possible to charge anybody with an offence in relation to the weapons found in the premises. Special defences are provided so that a person whose presence in any premises or place is innocent will not be guilty of this offence.
(6) The new regulation 119B provides that a person who is found in premises access to which has been denied to police officers so that a forcible entry is necessary will be guilty of an offence. It is the duty of persons in premises which police officers are empowered to search to permit them access, This regulation is designed to enforce that duty and to reduce the danger to which police officers are exposed where their entrance to premisea is violently obstructed,
(e) Recently, large quantities of corrosive substances intended for offensive purposes have been uncovered in police raids. The new regulation 1190 increases the penalty for being in unlawful possession of such substances.
3. The new regulation 41 widens considerably the powers of police officers to enter premises to search for and seize arts, ammunitions, et- plosives and other weapons and extends to anything which is intended or adapted or which can be adapted for an unlawful purpose. It is casential in the public interest that the Police Force should have at its disposal such powers as are necessary to enable it to root out and seize anything which is capable of being used for violent attacks on members of the public or on the forces whose responsibility it is to maintain law and order,
4. The new regulation 100A is added to the principal regulations so as to confer expressly power to use force in the exercise of the various powers conferred by the principal regulations. Associated with this, the opportunity is taken to spell out in the legislation the common law rule with respect to the degree of force which may be used (new regulation 100B(1)), and immunity from liability in civil or criminal proceedings is conferred where force is used in accordance with these provisions (new regulation 1008(2}).
5. Regulations 4 and 5 of these regulations amend regulations 87 and 88 of the principal regulations (the latter regulation has recently been brought into operation and the former regulation may be brought into force in the near future) so as to extend their operation to all offences under emergency regulations.
6. Regulation 118 of the principal regulations is amended so as to make it an offence for any person to consort with another person who is in possession of an offensive weapon in circumstances which raise a reasonable presumption that such person intends to or is about to act with such other person in a manner prejudicial to the public interest. Hitherto, this regulation has extended only to persons in possession of arms, ammunition or explosives,
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