TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 106

4. Section 11(2): (paragraph 7)

It is difficult to make any differentiation in principle between this section and section 3(1), to which reference is made in paragraph 4 of the Attorney-General's comments. It should not be difficult for a Police Officer of the rank of Inspector or above to make up his mind in relation to a public meeting or procession whether or not he has reasonable grounds on which to act; and with the backing of section 53 he should be able to act quickly and decisively without doubt as to the exercise of his powers under this section. It would therefore be difficult to justify deleting clause 6 of the draft Bill and I hope that you can see your way to retaining the clause.

5. Section 12(3)(a): (paragraph 8)

The proposed addition to this section, as provided for by clause 7(b) of the draft Bill, does not altogether meet the point raised in paragraph 14 of "Justice's" memorandum which was accepted by the Attorney-General in his comments on that memorandum. A person may be in an assembly and may know that it is an unlawful assembly, but although desiring to get away, be unable to do so owing to the pressure of the crowd. Yet even with the amendment proposed in the draft Bill he would be guilty of an offence. This could give rise to the claim that although the criticism raised by "Justice" on this section had been accepted, as evidenced by the pro- posed amendment, the amendment had not in fact effectively dealt with that criticism. Grateful if further consideration could be given to this clause also.

6. Section 18(1): (paragraph 11)

It is accepted that it would be possible for a group of people to intimidate others without acting in a disorderly manner, and it is suggested that the use of the phrase "in a disorderly or intimidating manner" would meet the point.

7. Section 19: (paragraph 12)

It appears that this section is aimed at persons actively taking part in an unlawful assembly, that is to say, people who would be relatively easily noted by the Police, and not at those who, knowingly or unknowingly, were caught up in the assembly: there are other provisions to deal with the latter categories. But it is considered that the "unlawful assembly" referred to in this section should be confined to that defined in section 18(1), i.e. that this section should be modified by a clause on the lines of clause 10(b) of the draft Bill. Subject to this, the views expressed by your Attorney-General on this clause are accepted.

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