27
Clauses 22, 23 and 24 amend Part VII of the Ordinance, which is concerned with closed areas. These are places to which access by persons generally is prohibited and they include not only military, naval and air force premises but other vital installations such as electricity and gas plants. In future, by the new section 36, which is introduced by clause 22, a closed area order must be published in the Gazette as soon as possible after it is made. This new section also gives power to erect barriers or other obstacles in order to block off a closed area.
Clause 23 empowers the Commissioner of Police, or some other person authorized by the Governor, to issue permits to enter closed areas. This would, for example, enable the Governor to authorize the manager of an electric company to issue permits for a power station which has been declared to be a closed area.
Clause 24 gives powers to members of the forces and to guards to arrest persons in closed areas, who are there without permits or who are suspected of having committed an offence there. The term guard, by the new section 39(4), which is also contained in clause 4 will include members of the Essential Services Corps and other persons who may be appointed as guards by the Governor or the Commander, British Forces.
Section 49 of the Ordinance confers upon a police officer wide powers to enter and search premises without warrant, if he suspects that an offence under the Ordinance is or has been committed therein, or that evidence of any such offence may be found there, or if he suspects that any person who has taken part in an unlawful assembly may be found on the premises. This has been criticized as giving powers which are unjustifiable and are open to abuse. Clause 27 repeals the section, since it is felt that the ordinary powers conferred by the Police Force Ordinance and at common law are adequate. The section is replaced by a much more restricted provision, empowering members of the forces and police officers to require a person to identify himself, if this is necessary for the purpose of preventing or detecting crime. This would enable an area to be cordoned off, or a road block to be established in suitable circumstances, for example, to arrest escaping bank robbers or to seize a consignment of heroin.
Clause 29 adds a new section making it an offence to obstruct servicemen and others carrying out duties under the Ordinance. This provision was omitted in error when the Ordinance was enacted in 1967.
I believe that these amendments will greatly improve the Public Order Ordinance, making it simpler and fairer in its application and
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