TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 6

Paragraph 7. To require a police officer to act on

reasonable grounds does not mean it is suggested, that he will

be prevented from acting quickly and decisively.

There

would seem to be substance in the comments of Justice and we

would ask you to give further consideration to their views

on this section.

Paragraph 9. We agree that it is necessary to have a measure

of control over funerals, particularly as regards the route to

be followed. It would not be practicable to require the

organiser of a funeral to obtain a licence in the same way

as an organiser of public meetings. It is for consideration

whether sections 11(2) and 12 of the Ordinance in fact give

the right measure of control with respect to funerals.

comments under paragraph 7 apply equally to Justice's comments

on section 11(2).

Paragraph 17.

who

The

There seems to be substance on the point that

a person takes part in the promotion of a gathering before

the notice of prohibition, but not after the notice, might come

within the ambit of this section.

Paragraph 18. Would it not be preferable merely to refer

to conduct in a "disorderly" manner?

The word "noisy" seems

cheerful spirits and

caused by

far too vague and might be the ca

not evil intent.

"Intimidation" is covered, it is suggested,

by the word "disorderly".

Paragraph 21. There would seem to be substance in Justice's

comments on section 19. A person present in an unlawful

assembly might not be aware that a breach of the peace had.

might

with improdment for

taken place yet he may commit an offence punishable in prison

up to 10 years. It is suggested that there should be some

element of mens reato establish such an offence.

Paragraph 23.

Presumably the purpose of this provision is to

deter a person from using violence in order to gain entry to

premises in the actual occupation of something else and it is

suggested that this should be made clear.

(8430) Dd.033246 600m 9/66 G.W.B.Ltd. Gp.863

This would also

/meet

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