7
V
membership of an intimidating assembly a separate offence when the
penalties prescribed are no different from those prescribed for
membership of an unlawful assembly (see s.18 (3)). No person can,
by definition, be a member of an intimidating assembly unless he
is already a member of an unlawful assembly. The existence of
intimidation would, of course, be material to the sentence on a
conviction under s.18 and as at present advised we think sub-sectior
(2) of s.28 should be omitted.
Section 30
36 We protest strongly at the inclusion of the words "or
becomes" in this section. Whether or not mens rea is required for
other offences under the Ordinance the offence here created can be
committed by a person who innocently organises a perfectly lawful
meeting (e.g. a football match) which through no fault of his is
first deemed to be an unlawful assembly by virtue of s.12(2)(b) or
(c) and then becomes an intimidating assembly by virtue of s.28 -
and this even if he be not present. Should the section read "or
has become" ?
Section 31
37 While we appreciate that, desirable as it might be, it
is not practicable to provide for the giving of notice of a curfew
order beyond requiring that it be published in the Government
Gazette as soon as may be, we think that once a permit has been
issued by the Commissioner of Police for someone to go out-of-doors
it is not unreasonable that the Commissioner should be required to
give such notice of cancellation thereof as is likely to bring the
cancellation to the notice of the person concerned. A permit might
otherwise be a Patent trap for someone who honestly believed he
was authorised to go out.
38 We observe that although sundry persons are, when on duty, exempted from complying with the provisions of a curfew order
no such exemption is given to the "supreme conservations of the
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