TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 196

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unlawful meeting etc. This will provide a defence for an-accused innocent

bystander who becomes unintentionally involved in an unlawful assembly

without knowing that it is one.

9.

10.

Clause 8 amends section 14 by widening the defences to a charge

of carrying an offensive weapon at a public meeting or in a public procession.

Clause 9 is intended to make it clear that the offence contained

in subsection (3) of section 15 is aimed at those who organize a public

gathering in contravention of, and after the issue of, a prohibition under

subsection (1). This amendment will meet the objections made in paragraph

17 of the Justice Report.

11.

In the comments in the Note on paragraph 18 of the Justice

Report, it was suggested that the words "noisy, disorderly or intimidating”

might be added before "manner" in the second line of section 18(1). In the

Saving Despatch the comment was made that it would be preferable to refer

to conduct in a "disorderly manner", on the ground that the word "noisy"

was too vague and might be caused by cheerful spirits and not evil intent,

and that "intimidation" is covered by the word "disorderly". The Commissioner

of Police has objected that a group of persons could conduct themselves

other than in a disorderly manner and yet still cause other people to fear

a breach of the peace. There is thought to be substance in this objection

and the Secretary of State is asked to reconsider the matter, though an

amendment has been included by clause 10. The other amendments in this

clause will meet the objections raised in paragraphs 19 and 20 of the

Justice Report.

12.

reasonably

The Despatch suggested that there should be some element of

mens rea in order to establish the offence under section 19 of the

Ordinance. The difficulty is, however, that this would make the burden

disperse.

participants.

of proof on the prosecution so great as to render the section ineffective.

In practice the police, when confronted with an unruly mob, order it to

Those who choose to remain must expect to be treated as active

In Hong Kong, a crowd forms with astonishing speed and is

quickly and easily transformed into a dangerous mob. The police must be

able to deal with these situations swiftly. If the police are forced to

separate spectators from participants when handling a riot, there might

be fatal hesitation in dealing with a dangerous situation. The Secretary