TNAG-0080-FCO40-116-Public-Order-legislation-1967 — Page 125

M. Gaminara

Hong Kong are NOT proposing excrcity What our legal people advised in tel 2055 in respect & clauses 18 19

19

2. They have NOT made provision in the new clauses which are to replace and 18 19 for pêlice offeers to call on the untariful assembly to disperse, but clause 11 does allow any police offer above the rank of inspector to disperse any "pubere gathering" if

is likely

to cause a breach it is causing or un his opinion 하 реале

سکا

for 180 19

3.

the old clauses 19,20

tin tead Hong Kong propose to substitute

approved by us (u 1964)

clause

(ri)

19, 20 v 21 preciously

v

4. The differences between the old

18.19and

the

new

clauser

18. 19. 20 are

J

☺) The old 18" refers to "any person in suck assembly

doing or

or saying anything Wary to cause anyone Hċionally to fear that any of the persons ni such assembys may commit a breach of the peace or when a intilly to

or mujhe procžke other person to comment a breach of the peace the assembly will be an unionful one

(1)

In tive

new 18(1) instead of "doing

Saying anything.

"conduct themselve

is used,

and wiliad of "may" commit, "will "commit, and the undistimed word; referting to te provocation of others are multed

The old is (2) makes reference "fernung part of

and in the wedd

jonning

if

مة

any pers

con unionful assembly.

20 these words are suntled.

The old 18 (3) about the fact that it is wo defence to say the Assembly was originally lawful. it covered by the new 18(2) which specifice however 4 18(1) that the persons are conducting themelor as

(ru)

The old clause

Sieme cu

kew

in the

1961

18 (3),

is

almost exactly the and the penalties

Burunda thie

the new 20(a) (b) are the same

a riit shoules

Od 19(2)(a) o (b) thich however provided that the those forming part of or joining 6 Guity of the offence of not

5.

Cim

Clause 125 has been amended to cover

"unlourful assembly

an ornithing refidence " forming part of or forming" are unbondating assembly, The penalties have not been sliffindet

to

Clause 11 he NOT been amended,

Thing

set

penalling for uplaniful ass

have assembly and/or

have

NOT BEEL Teduced

6.

7.