TNAG-0080-FCO40-116-Public-Order-legislation-1967 — Page 200

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:---

epeated to:

Date

My Reference......

SAVINGRAM

Your Reference.......

-

4 -

No.

1516

No.

No.

and Part V of the Bill provides accordingly. Clause 27 is based on section 26 of the Southern Rhodesia Law and Order (Maintenance) Act 1960. Clause 28 replaces regulation 4 of the Emergency (Prevention of Intimidation) Regulations. This new offence was introduced to meet a situation which arose when strikes and stoppages of work were being fomented during the current disturbances and for which the law relating to unlawful assembly was not adequate. Although it is closely related to unlawful assembly, there are significant distinctions and it is considered that this offence should be part of the permanent

law.

(n) In consequence of the inclusion of Part V, clause 31 of

the first draft has been omitted.

(0) Clause 31 (clause 34 of the first draft) has been revised.

Subclause (2) in the first draft has been omitted as inappropriate Subclause (5) has been omitted as unnecessary in local conditions. Subclause (3) (formerly subclause (4)) in the present draft has been revised so as to make it clear that a curfew order may come into force immediately it is made notwithstanding that it has not been published in the Gazette.

(p) Clause 32 (clause 35 of the first draft) has been amended

by the addition of a new subclause providing for the forfeiture of weapons to which the clause applies.

(q) Part VII is new and introduces into the Bill the

provisions in the existing Public Order Ordinance with respect to closed areas, It was originally intended that these provisions should be included in other legislation, but progress on this has been delayed and the inclusion of the provisions in the present Bill is now considered preferable. The existing provisions are repeated without any change of substance.

7 V

(1) The provisions in Part VIII (Part VI of the first

draft) have been revised so that they apply only to persons willing to act as special constables.

/ (s)...

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