CO129-616-4 Public Order Ordinance- 1948 13-11-1948 - 7-2-1949 — Page 15

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Criminal

(4) If it is proved that it is not necessary to execute a bond, Procedure the person named in the order shall be discharged from the enquiry.

Code, Straits

Settlements,

£.85.

Criminal

Procedure

(5) The bond executed by a person to keep the peace or be of good behaviour, as the case may be, shall be deemed to be Code, Straits broken by the commission of an offence punishable with imprisonment

wherever it is committed.

Settlements,

5.87.

Criminal

Procedure

Code, Straits Settlements, s.88.

Criminal

Procedure

(6) A magistrate may in his discretion refuse to accept any particular person or persons offered as surety for good behaviour.

(7) If any person ordered to give security does not give such security on or before the date of the commencement of such security, Code, Straits he shall be committed to prison until the expiration of such term as Settlements,

the magistrate may direct or until he shall furnish such security to s.89.

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.

Criminal Procedure

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

$.90.

Criminal

Procedure Code, Straits Settlements, $.92.

Curfew.

Closed area

(9) 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 imprisonment accordingly.

PART II.

9. (1) The Governor may by order require any person within any area specified in the order to remain within doors between such hours as may be specified in the order, and in such a case, if any person is or remains out of doors within that area between such hours without a permit in writing issued by the Commissioner of Police or by some person duly authorised by the Commissioner of Police to issue such permits, he shall be guilty of an offence.

(2) Any officer of police or member of His Majesty's Forces on duty may take such steps and use such force (including the use of firearms) as may be necessary for securing compliance with any order made under this section.

10. (1) The Governor may by order declare any area or place to be a closed area and any person who, during any period during which any such order is in force in relation to any area or place, enters or leaves that area or place without a permit in writing issued by the Commissioner of Police or by some person duly authorised by the Commissioner of Police to issue such permits shall be guilty of an offence.

(2) Any officer of police or member of His Majesty's Forces on duty may take such steps and use such force (including the use of firearms) as may appear to such person to be necessary for securing compliance with any order made under this section.

11. (1) The Governor may by order require that all classes or Power of certain classes of persons shall evacuate any place or area with or order evacua- without their goods and chattels and within a limit of time and for

Governor to

tion of any

a period specified in the order, and in such a case any person so area or place. ordered to evacuate who is found within the area after the time limit and within the period of prohibition shall be guilty of an offence.

(2) Any officer of police or member of His Majesty's Forces on duty may take such steps and use such force (including the use of firearms) as may be necessary to secure compliance with any order made under this section.

12. (1) The Governor may by order prohibit the movement or Power of anchorage of any craft or the use of any waters in the Colony by all Governor to or any class of vessel during such hours and for such a period as may movement of

prohibit the be specified in the order and if any person shall contravene the order craft. without the permission in writing of the Commissioner of Police or an officer duly authorised by him he shall be guilty of an offence.

(2) Any officer of police and any member of His Majesty's Forces may take such steps (including the use of firearms) as may be necessary to secure compliance with this order.

PART III.

13. Any person who is guilty of an offence against this Ordinance, Penalty, or who fails to observe any condition imposed by the Commissioner of Police under section 3, shall on summary conviction by a magistrate be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand dollars.

1.

Objects and Reasons.

The object of this Bill is to facilitate the maintenance of Public Order and Safety.

2. The past twenty years have witnessed the growth all over the world of political parties organised more thoroughly than has been the case before and prepared in some cases to enforce their views by forcible methods. Clauses 3-5 inclusive of the Bill, which are based on similar provisions in the United Kingdom, are designed to curb the activities of such political organisations while at the same time preserving and strengthening the right of public meeting of ordinary peaceful citizens.

3. Apart from political organisations of the kind referred to there is always a threat to public order and safety from persons who seek to incite disaffection or who commit or incite violence of various kinds. It is not unreasonable that

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