TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 85

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CAP. 245]

Public Order

[1981 Ed.

Restriction on use of force.

Offences by societies, etc.

Power to require identification.

Powers of members of

certain auxiliary services and Her Majesty's forces.

(Cap. 233.)

(Cap. 199.)

(Cap. 198.)

(Cap. 232.)

46. (1) Whenever in this Ordinance it is provided that such force as may be necessary may be used for any purpose, the degree of force which may be so used shall not be greater than is reasonably necessary for that purpose.

(2) Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property.

(3) Any person who uses such force as may be necessary for any purpose, in accordance with the provisions of this Ordinance, shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused injury or death to any person or damage to or loss of any property.

47. Where any offence under this Ordinance is committed by any society, every person charged with, or concerned or acting in, the control of management of the affairs or activities of such society shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

48. [Repealed, 5 of 1971, s. 13]

49. A member of Her Majesty's forces acting in the course of his duty and a police officer, for the purpose of preventing or detecting any offence, may require any person to give his correct name and address and produce any paper in his possession by which he can be identified, and any person who fails to comply with any such requirement shall be guilty of an offence and shall be liable on summary conviction to a fine of $1,000 and to imprisonment for 6 months.

(Replaced, 31 of 1970, s. 27)

50. (1) Without prejudice to the provisions of this Ordinance or of any other law, a member of the Royal Hong Kong Auxiliary Police Force on duty, and while proceeding to and from duty, when the Force or the part of the Force to which such member belongs, or such member, has been called out under section 16(1) or (2) of the Royal Hong Kong Auxiliary Police Force Ordinance shall have the same duties, powers, protection and immunities as are imposed or conferred by this Ordinance or any other law on a police officer of equivalent rank. (Amended, 29 of 1969, s. 2)

(2) (a) An officer or member of the Royal Hong Kong Regiment on duty, or while proceeding to or from duty, when on active service under the Royal Hong Kong Regiment Ordinance or an officer or member of the Royal Hong Kong Auxiliary Air Force on duty, or while proceed- ing to or from duty, when on active service under the Royal Hong Kong Auxiliary Air Force Ordinance shall have the same power of arrest as is conferred on a police officer by section 50 of the Police Force Ordinance and may use such force as may be necessary for that purpose.