TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 67

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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8.

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

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

"lawful authority or reasonable excuse" as a defence.

9.

(Clause 8).

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

sure 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. Clauses 10 and 11

also make it clear that sections 18 and 19 apply only to assemblies which

are unlawful by virtue of section 18, and not to assemblies deemed unlaw-

ful by section 12.

11.

The offence of forcible entry under section 23 will not be

committed by a man who enters his own premises.

12.

(Clause 12).

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

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

fights by clause 13.

13.

In

deciding wh

(Clause 14

tion 26 an objective test will have to be applied in

'n accused has committed an offence under the section.

14.

7 of the principal Ordinance, which deals with intimi-

dation, i

ed by clause 16 and replaced by a new section which is

based on i

aph (a) of the repealed section. It is considered that

the present section is too wide in its scope and that the mischief ained

at can be adequately dealt with under the new provision.

15.

The offence of intimidating assembly is thought to be super-

fluous, because a person who takes part in such an assembly can be

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