TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 131

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

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of the condition of the licence and the meeting is deemed to be an

We unlawful assembly. This appears to us wholly unreasonable. think the words "save with reasonable excuse" should be inserted.

The additional requirement that the licensee should be responsible for the maintenance of public order for an hour after the final dispersal of the meeting seems at least difficult to justify. When it is seen that there is no restriction whatever on the directions which may be given (and given by any police officer) so long as they are for ensuring the maintenance of public or der the lot of the licensee is indeed an una hppy one. We suggest that'

he should be required to comply only with "reasonable directions". As at present advised we do not think he can fairly be required to comply with any directions after the final dispersal of the meeting

but if the section be amended so that the directions have to be

reasonable then it is possible that that would give him sufficient

protection.

Section 11

ction

+

...

In sub-se (2) there arises the same objection as in

s.3: the word "reasonably" should be substituted for "in his opinion". Particularly having regard to the blanket indemnity conferred by s. 53 this would still give ample protection to any police officer. The undesirability of the existing wide discre-

of persons tion is high-lighted by the fact that "any gathering whatsoever and wheresoever" may be dispersed under this provision. This would include a peaceful gathering of employees outside a factory on the occasion of a lock-out, a situation which can possibly lead to a breach of the peace although not necessarily likely to do so. We are disturbed at the possible effect this provision in particular and the other provisions in general may

have on the trade union movement

5.

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