TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 81

24

CAP. 245]

Public Order

[1981 Ed.

Prohibition on entering or leaving closed

area without permit.

Power of arrest.

(2) In the case of any closed area, other than a closed area referred to in subsection (1), a permit may be issued-

(a) by the Commissioner of Police; or

(b) by such authority or person as may be specified for that purpose by the Governor in any order made under section 36,

to any person allowing that person to enter or leave the closed

(Replaced, 31 of 1970, s. 23)

area.

(2A) The Commissioner of Police may delegate to any public officer or the person for the time being holding any office designated by him to exercise the power to issue a permit conferred by subsec- tion (2)(a); and the reference in subsection (3) to a permit issued under subsection (2) shall be construed accordingly. (Added, 67 of 1980, s. 7)

(3) A permit issued under subsection (1) or (2) shall be subject to such conditions as the person by whom it is issued thinks fit, and may be cancelled by such person at any time.

(4) Upon cancellation of a permit under this section, the person cancelling the permit shall serve on the permit holder, either personally or by registered post, notice in writing of the cancellation, and upon receipt of the notice the permit holder shall forthwith surrender his permit. (Added, 31 of 1970, s. 23)

38. Any person who—

(a) enters or leaves a closed area save under and in accordance

with a permit issued under section 37; or

(b) contravenes any condition to which any such permit is

subject,

shall be guilty of an offence and shall be liable on summary conviction to a fine of $5,000 and to imprisonment for 2 years.

39. (1) Without prejudice to the provisions of this Ordinance or of any other law, any member of Her Majesty's forces, or any guard, may arrest-

(a) any person whom he finds in a closed area if he has reason to suspect that such person has committed or is about to commit any offence;

(b) any person whom he finds committing any offence in a

closed area;

(c) any person whom he finds attempting to enter a closed area, if he has reason to suspect that such person has not been issued with a permit under section 37,

and may use such force as may be necessary for the purpose. (Replaced, 31 of 1970, s. 24)