TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 174

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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extends those powers to members of the Essential Services Corps and to

those appointed to guard closed areas by a person authorized in that

behalf in the closed area order. Clause 22 empowers police inspectors

and above to detain and remove unauthorized persons from a closed area.

Past experience has demonstrated the need for a method whereby persons in

charge of important installations, such as oil refineries, gas works or

power stations, which are declared closed areas, can issue entry permits

and appoint guards to protect them.

19.

Clauses 23 and 24 implement the suggestions put forward in

paragraphs 43, 46 to 50 of the Justice Report.

20.

Clause 25 repeals section 49, which conferred wide powers of

search and entry, without warrant, on police officers. These powers have

attracted some criticism and it is now thought that the ordinary powers

conferred upon police officers at common law and by the Police Ordinance

are adequate, short of a serious emergency situation.

21.

By clause 26, a new section 50A is added, to make it an offence

to obstruct members of Her Majesty's Forces, members of the Royal Hong

Kong Defence Force or any other person if they are on duty under the

provisions of this Ordinance. In Hong Kong military personnel frequently

work with the police in times of disturbances and it is desirable that

they be afforded some measure of protection from obstruction. The offence

is at present contained in regulation 113 of the Emergency (Principal)

Regulations, which is to be revoked.

22.

Clause 27 effects a number of minor consequential amendments

to the Trade Union Registration Ordinance.

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