'procession or gathering.
7.
41
Clause 12 deals with offences under Part III of the Bill.
The provisions in clause 12(2) and (3) are of special importance.
An unlicensed public meeting or public procession, and any meeting,
procession or gathering whatsoever in which three or more persons
neglect to obey an order under clause 11(3), will be an unlawful assembly (clause 12(2)) and penalties will be provided by clause
12(3).
7.
A new power is afforded to the Commissioner of Police
by clause 15 to prohibit the holding or continuance of any public
gathering in any particular area or premises or on any particular
day if he considers it necessary or expedient in the interests
of public order to do so. Under clause 16, the Governor in
Council will be empowered to ban all public gatherings for up
to three months if he considers it necessary to do so in order
to prevent serious public disorder.
8.
Clauses 18 and 19 introduce provisions dealing with
unlawful assemblies and riots and replace the common law in this
respect. The proposed statutory provisions are not identical with
the common law which is not adequate in certain respects for
local circumstances. These clauses widen the category of persons
who may be convicted of unlawful assembly or riot. In the first
place, there will no longer be the necessary element of common
and purpose before a crowd is an unlawful assembly or a riot,
secondly cere presence in an unlawful assembly or riot will be
Under the an offence without proof of any active participation.
proposed law, it will be sufficient to make a gathering of three
or more persons an unlawful assembly if one person conducts
himself in the manner prescribed in clause 18 and an unlawful assembly will become a riot if one person commits a breach of the
peace.
9.
Part V of the Bill introduces into the permanent law the substance of the Emergency (Prevention of Intimidation)
Regulations 1967.
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