TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 173

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of State is asked to reconsider his suggestion in the light of these

comments.

13.

Clauses 11, 12 and 13 seek to give effect to the amendments proposed

by paragraphs 23, 28, 29 and 30 of the Justice Report.

14.

Clause 14 amends the heading of Part V by deleting the reference

to intimidating assemblies as this offence is to be abolished.

15.

Paragraphs 31 and 32 of the Note propose to repeal section 27

and replace it with a modified version of section 47 of the Trade Union

Registration Ordinance. However, intimidation is a grave danger to the

this.

ordinary citizen and it is necessary to have a full provision to deal with

After discussion of this section with the Commissioner of Police, it

is considered necessary to retain paragraph (a) of the existing section.

Thus subsection (1) of the new section is drawn largely from section 47 of

the Trade Union Registration Ordinance while subsection (2) reproduces

paragraph (a) of the present section. The scope of subsection (1) has been

extended to cover the blocking of a street or road. Past experience has

revealed that this method is often employed by intimidators. In subsection

(2) the defences are widened to lawful authority or reasonable excuse.

16.

The offence of intimidating assembly is to be abolished in view

of the fact that a person who takes part in an intimidating assembly can

be prosecuted for taking part in an unlawful assembly. Consequently sections

28 and 30 are to be repealed.

17.

Clauses 18 and 19 give effect to the suggestions contained in

paragraphs 37 to 41 of the Justice Report.

18.

Clauses 20, 21 and 22 contain amendments to Part VII of the

Ordinance, which deals with closed areas. These provisions are intended to

replace the Emergency (Closed Areas) Regulations, which we introduced during

the disturbances last year. Clause 20 amends section 36 so that a closed area

order must be published in the Gazette although the order will be effective

from the day on which it is made. Also a closed area may be sealed off by

the erection of barriers or some other means. Clause 21 will enable a permit

to enter a non-military closed area to be issued either by the

Commissioner of Police or by a

person

authorized to do so in the

the powers of arrest and

closed area order. Clause 22 widens