1970-HKRS28-8-37_Part02 — Page 45

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12. Section 36 of the principal Ordinance is repealed and replaced by the following-

Repeal and replacement of section 36.

"Closed artas.

Amendment of section 37.

Amendment of section 39.

36. (1) The Governor may by order declare any area or place to be a closed area.

(2) An order made under subsection (1) shall come into force at such time as may be specified therein or, if no time is so specified, immediately upon the making thereof by the Governor and shall be published in the Gazette as soon as may be reasonably practicable after the making thereof.

(3) The Commissioner of Police and such other person as may be authorized in any order made under subsection (1) may cause a closed area to be closed by the erection of barriers or otherwise.".

23. Section 37 of the principal Ordinance is amended- (a) by deleting subsection (2) and substituting the follow.

ing-

"(2) In the case of any closed area, other than a closed area referred to in subsection (1), a permit may be issued—

(a) by the Commissioner of Police; or

(b) by such authority or person as may be specified for that purpose by the Governor

in any order made under section 36,

to any person allowing that person to enter or leave the closed area.";

(6) by inserting, after subsection (3), the following new

subsection———

"(4) Upon cancellation of a permit under this section, the person cancelling the permit shall serve on the permit holder, either personally or by registered post, notice in writing of the cancellation. and upon receipt of the notice the permit holder shall forthwith surrender his permit”.

24. Section 39 of the principal Ordinance is amended by- (4) deleting subsection (1) and substituting the following -

"(1) Without prejudice to the provisions of this Ordinance or of any other law, any member of Her Majesty's forces, or any guard, may arrest—

(a) any person whom be finds in a closed arra if he has reason to suspect that such

person has committed or is about to com- mit any offence:

(b) any person whom he finds committing any

offence in a closed area;

(c) any person whom he finds attempting to enter a closed area, if he has reason to suspect that such person has not been issued with a permit under section 37.

and may use such force as may be necessary for the purpose.";

(b) inserting, after subsection (2), the following new sub-

sections—

*(3) Any police officer of or above the rank of inspector, with the assistance of such other police officers as may be necessary, may—

(a) detain any person who is in a closed area without permission or authority for such time as may be necessary to ensure his orderly removal therefrom; and

(b) remove therefrom any person who is in a closed area without permission or authọ- rity.

(4) In this section, “guard” means—

(a) any member of the Essential Services

Corps:

(b) any person appointed to guard a closed area by the Governor or the Commander British Forces; and

(c) any person appointed to guard a closed area by such authority or person as may be specified for that purpose by the Governor in any order made under section. 36."

25. Section 40 of the principal Ordinance is amended- (a) by deleting "any magistrate" and substituting the fol-

lowing

"the Commissioner of Police":

(b) by inserting after "to appoint" the following-

"in writing".

Amendment of section 40.