TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 189

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thereof. It is now felt that these conditions can cause problems when the

licensee is unavoidably absent from the meeting. Accordingly, clause 5

proposes to amend section 9 by providing a defence for a licensee who is

absent from a meeting by reason of illness or other unavoidable cause.

Furthermore, the requirement that police directions be complied with during

the period of one hour after the final dispersal of a meeting or procession

is deleted.

6.

Clause 6 amends subsection (2) of section 11 so as to oblige a

police officer, when exercising the powers conferred by the subsection, to

act only on reasonable belief.

7.

Clause 7 makes it clear that paragraph (a) of section 12(2) applies

only to meetings or processions, for which a licence is required under

section 7. Also, subsection (3) is amended so as to afford to a person

charged with an offence under the subsection the defence that he did not

know that the meeting, procession or gathering was unlawful; this is intended

to confer protection on any innocent bystander who becomes unintentionally

involved in an unlawful assembly.

8.

Section 14 is amended so as to enable a person charged with

possessing an offensive weapon at a public meeting or procession to plead

"lawful authority or reasonable excuse" as a defence. (Clause 8).

9.

Subsection (3) of section 15 is amended in such a way as to ensure

that only those who promote, direct, organize or manage a prohibited public

gathering after the issue of the prohibition by the Commissioner of Police

shall be guilty of an offence under that subsection (Clause 9).

10.

The definition of an unlawful assembly in section 18 is altered by

clause 10 to show that there must be a disorderly element in the conduct of

an assembly before it becomes unlawful.

11.

The offence of forcible entry under section 23 will not be

committed by a man who enters his own premises. (Clause 11).

12.

At present, section 25 applies to any fight in a public place,

which might include a boxing match. This section is confined to unlawful

fights by clause 12.

13.

In section 26 an objective test will have to be applied in

deciding whether an accused has committed an offence under the section.

(Clause 13).