TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 22

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

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However, this could be put beyond doubt by excluding from the definition any meeting convened or held "for the purpose of carrying out any duty or exercising

This would also have the any power imposed or conferred by any Ordinance."

✓ effect of excluding meetings of creditors.

Paragraph 5. I accept the objections to the definition of offensive weapon and the suggestion that it should be amended by deleting the words

"suitable for".

Paragraph 6. The definition of public meeting is not as clear as it might be. I do not consider that "meeting" includes a family party in a public restaurant, since those who attend it do so as private individuals and not as "members of the public". Restaurants are open to members of the public who are customers, not merely to members of the public. This is the view which the Commissioner of Police has taken in interpreting the Ordinance. How- ever, it is desirable to remove any doubt about this, and propose that, even if it is a public meeting, a dinner party should be exempt from the need to obtain a licence. This can be achieved by adding a new paragraph (d) to section 7(5), exempting any "public meeting held exclusively for social purposes in any restaurant licensed under the Public Health and Urban Services Ordinance" or words to like effect. I think that it would also improve the Ordinance to amend the definition of meeting to make it clear that it is intended to cover only meetings where there is a degree of organization.

Paragraph 7. The 1956 Riots are a reminder of the need to be able to deal immediately, in certain circumstances, with the display of flags or emblems. It would be unwise to fetter the power of police officers to act

quickly and decisively.

Paragraph 8. I agree that the word "reasonably" should be added before "necessary" in the third line.

Paragraph 9. I agree that funerals should be exempt from the need to obtain a licence. They will, of course, continue to be liable to control and sections 11(2) and 12, a control which, as is fairly pointed out, is

sometimes necessary.

Paragraph 10. There is force in the objection that section 9 throws

It would be fair to amend the section

a very heavy burden on the organizer.

to provide him with a defence if he is absent for "illness or other unavoidable

cause", or similar words.

Paragraph 11. I agree that the section would be less onerous on the organizer if it finished at the word "procession" and shall propose an

amendment accordingly.

Paragraph 12. Please see my comments on paragraph 3.

In our cir-

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