TNAG-0080-FCO40-116-Public-Order-legislation-1967 — Page 97

Transitional provisions.

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56. Any permit issued under Part II of the repealed Public Order Ordinance allowing the person to whom it was issued to enter and leave a closed area shall, if it is in force at the com- mencement of this Ordinance, be deemed to have been issued under section 37.

Objects and Reasons.

At present, the law dealing with public order is to be found in the Public Order Ordinance, the Peace Preservation Ordinance and the Summary Offences Ordinance, and in the com- mon law.

2. The object of this Bill is to consolidate into one Ordin- ance the various provisions dealing with public order and to strengthen the law where experience shows that to be desirable.

3. Clause 3, in Part II of the Bill, is new and empowers a police officer of or above the rank of inspector to prohibit the display of flags, banners or emblems if their display is in his opinion likely to lead to a breach of the peace.

4. Part III of the Bill is concerned with the control of meetings, processions and gatherings. Clauses 7, 8, 9 and 10 introduce comprehensive provisions dealing with the licensing of public meetings and processions and replace the inadequate pro- visions in section 4(16) and (20) of the Summary Offences Ordin- ance. Clause 7 reproduces the existing law prohibiting the convening or holding of a public meeting or public procession without a licence. Under clause 7(2), the Commissioner of Police will be obliged to issue a licence if he is satisfied that the meeting or procession is not likely to prejudice law and order or be used for any unlawful or immoral purpose. A licence may be granted subject to conditions (clause 7(3)) and clause 8 empowers the Commissioner of Police to cancel or amend a licence already issued. The licensee will be required to be present throughout the meeting or procession (clause 9). Clause 10 provides an appeal to the Governor against the refusal or cancellation of a licence and against the conditions to which a licence is subject.

5. Control of meetings, processions and gatherings of people will be exercised under clause 11. Any police officer will be able to prevent the holding of, stop or disperse an unlicensed public meeting or public procession. Other meetings, processions or gatherings will be subject to control by a police officer of or

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