TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 170

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in Woodward v. Koossler 19587 3 All E. R. 557 & 558 is relevant

"If we were to hold that this young man with this shocking

weapon was not in possession of an offensive weapon for causing

injury, when he went up to an elderly man and said "can you see

this?", it would be driving a coach and four through this useful

act Prevention of Crime Act, 19537. It would hardly ever be

possible to get a conviction. We know well why it is rather an

obscure definition, vis; because one of the weapons that these

young hooligans like to use is a bicycle chain. The bicycle chain

is not made for injury, but if a boy is swinging a bicycle chain

and saying "look out", that is using an offensive weapon.".

The definition of "offensive weapon" in the U.K. Act does not use the

worda "or suitable" It follows that without the words "or suitable",

person cannot be charged with possessing an offensive weapon if the article

is neither "made" nor "adapted" for causing injury unless the prosecution

can prove intent. It is submitted that in Hong Kong such a burden would

seriously hamper law enforcement. It is proposed therefore that this

definition should remain untouched but that those sections of the Ordinance

which create offences in relation to the possession of offensive wea: pone

should sake available to an accused the defences of "lawful authority or

reasonable excuse" which, it is thought, will provide the necessary

protection for the person who is innocently in possession of dangerous

articles. The relevant sections are 14, 32 and 33.

4.

In the Note the amendment to section 3 suggested by Justice

was opposed on the ground that it would be unwise to fetter the power of

police officers to act quickly and decisively in the removal of flags

which might lead to trouble. However, the position has been reconsidered

in the light of the comments in Saving Despatch No. 406, and the proposed

arendrent is included in clause 3. Subsection (2) is acended as proposed

in the Note.

5.

Clause 4 of the Bill proposes to amend subsection (5) of

section 7 by providing that meetings held for social purposes in a

restaurant not require the licence of the Commissioner of Police.

accords with the views contained in the Note, which also supported the

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