TNAG-0080-FCO40-116-Public-Order-legislation-1967 — Page 198

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

2600027 C.S. 20A

From the Governor, Hong Kong

To the Secretary of State for the Colonies

Repeated to:-

peated to:-

Date........

My Reference.....

SAVINGRAM

Your Reference...

2.

1516

No.

No.

No.

(d) Clause 11 (clause 10 in the first draft) has been

amended so that private meetings and public meetings for religious purposes may only be stopped or dispersed in the prescribed circumstances. There will be no power to prevent their being held initially. This is a change from the provisions in the first draft, under which a private meeting (as meeting was then defined) could be prevented from starting.

(e) Clause 3(2) has been amended so as to confer power

to enter premises if necessary.

(f) Clause 5 has been amended so as to make it an

offence to be a member or adherent of such a society as is referred to therein.

(g) Clause 11 of the first draft has been omitted. In its place, clause 51 now gives the Governor general authority to give directions to the Commissioner of Police or any other police officer exercising or performing powers, functions or duties under the Bill.

(h) Clause 13 (clause 17 of the first draft) has been amended by adding "behaves in a noisy or disorderly manner". This is taken from section 19 of the Summary Offences Ordinance (to be repealed).

(i) Clause 14(2) (clause 18(2) of the first draft) has been amended so that the exemption of members of the Auxiliary Police Force and Royal Hong Kong Defence Force applies only when they are called out. The exemption of members of the Essential Services Corps is omitted. A new subclause (3) has been added providing for forfeiture.

(j) Clause 15 has been amended so that the test for the exercise of the powers conferred thereby is that it appears to the Commissioner of Police to be necessary or expedient in the interests of public order so to do. This is wider than the test provided in the first draft which required anticipation of serious public disorder. Sub-clause (1) has also been amended so as to make it clear that the prohibition may be given orally if necessary,

/ (k)...

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