TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 166

16.

14.

Section 27 of the principal Ordinance, which deals with

intimidation, is repealed by clause 15 and replaced by an amalgam of section

47 of the Trade Union Registration Ordinance and paragraph (a) of the repealed

section. It is considered that the present section is too wide in its scope

and that the mischief aimed at can be adequately dealt with under the new

provision.

15.

The offence of intimidating assembly is thought to be superfluous,

because a person who takes part in such an assembly can be prosecuted for

taking part in an unlawful assembly. Consequently, clauses 16 and 17 seek to

repeal sections 28 and 30.

16.

The effect of the amendment to section 31 of the principal Ordinance,

contained in clause 18, is to require the Commissioner of Police to serve

notice of cancellation of a curfew permit on the permittee.

17.

Section 32 enables a person charged with carrying an offensive

weapon during a curfew to put up the defence that he had a reasonable excuse

for so doing. This adds to the existing defence of lawful authority. (Clause

19).

18.

Clauses 20, 21 and 22 amend Part VII of the principal Ordinance,

which deals with closed areas. In future a closed area order made under

section 36 must be published in the Gazette although the order will be

effective from the day on which it is made. The proposed subsection (2) to

section 36 deals with the closing of closed areas by the erection of barriers

or other means. The new subsection (2) of section 37 provides for the issuing

of permits to enter non-military closed areas by the Commissioner of Police

or by such other authority or person as is authorized for that purpose in

the closed area order. The powers of arrest contained in subsection (1) of

section 39 are extended to enable a guard (defined in the new subsection (4))

to arrest any person about to commit any offence within a closed area.

definition of "guard" will ensure that, in an emergency, closed areas may be

guarded by persons other than police officers and members of the armed forces.

Section 40 is amended so as to empower the Governor to authorize

the Commissioner of Police to appoint, in writing, any person as a special

19.

constable. (Clause 27).

20.

The

Clause 24 makes a number of minor drafting amendments to section 44.