TNAG-0194-FCO40-230-Emergency-legislation-and-Public-Order-ordinance-discussions-1969 — Page 73

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yet still cause other people reasonably to fear a breach of the peace. The suggestion in paragraph 6 of our Saving Despatch is intended as a reasonable compromise and it is considered that the use of the phrase "in a disorderly or intimidating manner" would meet the point.

(e) Paragraph 7:

Section 19 of the Ordinance provides that when any person taking part in an unlawful assembly commits a breach of the peace, the assembly becomes a riot and all the persons assembled are guilty of riot. "Justice" have pointed out that this seems a somewhat drastic modification of common law under which only persons who are turbulent can be guilty of riot and that under this Section a person could be guilty without possessing any

criminal intent. The difficulty here is a practical

one: the police, when confronted with an unruly mob, order it to disperse and those who remain must expect

to be treated as active participants; and if the police

are forced to separate spectators from participants when

handling a riot there might be a dangerous hesitation in

dealing with a critical situation. The Governor therefore

considers that this particular Section should be allowed

to stand as it is. However, it is considered that the

"unlawful assembly" referred to in this Section should be confined to that defined in Section 18 (1) and should

not include the wider and less serious form of unlawful

assembly defined in Section 12 (2). Such an amendment would go some way towards meeting the criticism of this

Section.

(f) Paragraph 8:

Section 37 of the Ordinance deals with permits to enter

and leave a closed area. "Justice" suggested that the

Section should be amended so as to require that reasonable

notice should be given in the event of the cancellation of

any such permit. Clause 18 of the draft Bill makes such

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