TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 157

3.

Commissioner of Police who had an absolute discretion in relation to thoir

issue. Summary offences Ordinanca. Cap. 223 sections 4(16) à 4(20))

Quite a considerable part of this Ordinanco is concomod to bring the

aristing law together from its different sources, to clarify the law and in

sono cases to introduco qualifications without diverging from the principlos

hitherto operative in Hong Kong. In addition a mumbor of provisions which

appoarod in the emergency logislation havo boon maão permanent. There are

however, now provisions which have their precedents not in Hong Kong law but în

the legislation of countries which have also faced emorgoncios of a similar

Kind (Kanya, yasaland (as it then was) and Southern Rhodosia).

Where can be little doubt that collectively the Ordinance embodies very

far-reaching police powers which, though insonsistent with Inglish law, oro not

whololy unprecedented either in liong Kong or in other Commonwealth territories.

On the other hand, there are a number of innovations for Hong Kong which warzent

public discussion. Whether the local circumstances justify thoso dovolopments

is a nattor of ovaluation which it is almost impossible to make at this

distance.

But it is at least arguable that it bohoves a Govomment desiring

those powers to make a fuller justification for then than evidently has been

mado.

Suspect innovasticas

(1) Implication of innocent perting

Tere are several unusual situations in which innocent partios could

conceivably become involved with the exercise of polico porGIS,

Mo Ordinanco, scotion 2 introduces the notion of "publio rathoring"

which it dofinos 86

"a public meeting, a public procession and any other meeting,

gathoring or assombly of ten or moro persons in any public place."

This is to be contrasted with a neoting which is "eny gathering or

assosbly of persons convened or hald for mwy purpose"

It would seen to follow that any concourse of more than 10 porsons not

convaned or hold for any purpose is a public gathoring. It could cover