TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 5

2600224 C.Я. 84

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For discussion

on 4th November 1969

XCR(69)303

Copy No..... of 27

MEMORANDUM FOR EXECUTIVE COUNCIL

FUBLIC ORDER (AMENDMENT) BILL 1969

Annexed for the consideration of Honourable Members is the Fublic Order (Amendment) Bill 1969. This Bill has been pre- pared to take into account some of the criticisms of the Fublic Order Ordinance which have been voiced since its enactment in 1967. The Bill also enacts with modification, some provisions which are at present contained in Emergency Regulations but which are considered to be needed in permanent legislation.

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Section 7 of the Ordinance provides that public meetings shall only take place in accordance with a licence from the Com- missioner of Folice. A "meeting" is defined in section 2 of the Ordinance. This has been criticised as being too wide, and fears have been expressed that the definition might include for example meetings of creditors, private parties in restaurants or funeral meetings. Clause 2 of the Bill amends the definition of "meeting" so as to limit it to organised meetings and to spontaneous gatherings at which any person assumes or attempts to assume leadership; it specifically excludes meetings held for statutory purposes e. g. creditors' meetings, while funeral meetings and private parties in restaurants are dealt with in clause 4 which amends section 7.

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Section 3(1) of the Ordinance empowers police officers of and above the rank of inspector to prohibit the display of flags and banners if such display is, in the opinion of the police officer, likely to cause or lead to a breach of the peace. This power has been criticised on the grounds that it gives the police officer an absolute discretion which is undesirable in view of the indemnity given by section 53 of the Ordinance. This criticism is accepted and section 3(1) is amended by clause 3 so that the powers conferred by the section should be exercised on the basis of reasonable belief. Simi- larly, section 3(2) is amended so that a police officer must have a reasonable necessity for entering any premises or place to seize or detain such flags etc. The section is also amended so as to control the flying of flags on vehicles, trains, tramcars and vessels, as well as on premises.

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Section 7 of the Ordinance deals with licensing of public meetings and processions, and provides at subsection (2) that appli- cations for licences must be made seven days in advance to the Commissioner of Folice. It has been argued that to require seven days notice for a funeral procession is excessive and this argument is thought to have substance. Clause 4 of the Bill therefore reduces the notice required in such cases to twenty four hours. Subsection (4) of the Ordinance gives the Commissioner of Police powers to refuse to grant a licence for a public procession or meeting if the applicant or those associated with him in the 'organisation of the meeting procession etc have at any time in the past contravened the law or if the procession etc has been publicised or advertised, The Secretary of State felt that

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