TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 188

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Explanatory Memorandum

8/4/i

This Bill makes a number of amendments to the Public Order

Ordinance which are designed to clarify some provisions about which doubt

has been expressed and to relax others in order to give better protection

to the public against any misuse of powers or against the possible con- viction of persons innocently involved in circumstances which constitute

offences under the Ordinance.

2.

Clause 2 replaces the definition of "meeting" in the principal

Ordinance so as to limit it only to those meetings where there is a degree of organization and to exclude those meetings which are held for any statutory purpose, such as creditors' meetings; the definition will cover

the situation where there is no prior organization but a person assumes

control or leadership of a group in a public place.

3.

It is considered desirable that the power conferred on a police officer by subsection (1) of section 3 of the principal Ordinance should

be exercised on the basis of reasonable belief rather than on the basis

of the opinion of the police officer. Similarly, subsection (2) of

section 3 is amended so as to ensure that when a police officer enters

any premises or place it should be "reasonably" necessary for him to do

so. (Clause 3).

4.

Clause 4 amends section 7 by providing that an application for

the licence of the Commissioner of Police for a funeral procession shall

The clause be made not less than two days before the procession is held.

also exempts funeral meetings and meetings held for social purposes in a

restaurant from the need to be licensed.

5.

By section 9 of the principal Ordinance, every licensee of

licence obtained under section 7 shall be present at the public meeting

or public procession from the first assembly to the final dispersal

thereof, and shall comply with any police directions regarding such meeting or procession throughout the period of assembly, conduct and dispersal thereof and the period of one hour following the final dispersal