TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 27

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prosecuted for taking part in an unlawful assembly. Consequently, clauses

17 and 18 seek to repeal sections 28 and 30.

16.

The effect of the amendment to section 31 of the principal Ordi-

nance, contained in clause 19, is to require the Commissioner of Police

to serve notice of cancellation of a curfew permit on the permittee.

17.

Section 32 enables a person charged with carrying an offensive

weapon during a curfew to put up the defence that he had a reasonable

excuse for so doing. This adds to the existing defence of lawful

authority.

(Clause 20).

18.

Clauses 21, 22 and 23 amend Part VII of the principal Ordinance,

which deals with closed areas. In future a closed area order made under

section 36 must be published in the Gazette although the order will be

effective from the day on which it is made. The proposed subsection (3)

of section 36 deals with the closing of closed areas by the crection of

barriers or other means. The new subsection (2) of section 37 provides

for the issuing of permits to enter non-military closed areas by the

Commissioner of Police or by such other authority or person as is autho-

rized for that purpose in the closed area order. By the new section 37(4),

notice of cancellation of a permit must be given. The powers of arrest

contained in subsection (1) of section 39 are extended to enable a guard

(defined in the new subsection (4)) to arrest any person about to commit

any offence within a closed area. The definition of "guard" will ensure

that, in an emergency, closed areas may be guarded by persons other than

police officers and members of the armed forces.

19.

Section 40 is amended so as to empower the Governor to autho-

rize the Commissioner of Police to appoint, in writing, any person as a

special constable.

20.

(Clause 24).

Clause 25 makes a number of minor drafting amendments to

section 44.