Protected Places (Safety).
(2) It shall be lawful for the Governor and for any person delegated in that behalf by the Governor to give directions as to the manner in which authorized guards are to discharge the duties and exercise the powers imposed and conferred upon them by this Ordinance.
[CAP. 260
authorized guards to discharge
5. Subject as hereinafter provided and to any contrary Power for direction under subsection (2) of section 4, it shall be lawful for an authorized guard in carrying out his duties under this Ordinance to discharge firearms—
(a) at any person whom he reasonably believes to be about to enter or leave a protected place and who fails to halt when challenged;
(b) at any person whom he reasonably believes to be in the act of breaking into a protected place;
(c) at any person whom he has reason to believe is or has been stealing or is or has been committing any offence punishable under the Malicious Damage (Cap.211) Ordinance, in such protected place and who fails to halt when challenged;
(d) at any person forming part of a group of three or more persons engaged in throwing stones or other articles at such authorized guard which he has reason to believe may cause him grievous bodily harm.
6. Nothing in section 5 contained shall authorize an authorized guard-
(a) to discharge firearms at any person if such person can be apprehended or prevented from escaping by any other lawful means consistent with the duties of such authorized guard under this Ordinance;
(b) to discharge firearms with intent to cause greater harm to any person than is reasonably necessary for the discharge by such authorized guard of his duties under this Ordinance.
7. Where any authorized guard has in the course of duty discharged firearms he shall until the contrary is proved be deemed to have been acting within the scope of the authority conferred upon him by this Ordinance.
On power to discharge firearms.
Onus of proof.
127
Protected Places (Safety).
(2) It shall be lawful for the Governor and for any person delegated in that behalf by the Governor to give directions as to the manner in which authorized guards are to discharge the duties and exercise the powers imposed and conferred upon them by this Ordinance.
[CAP. 260
authorized guards to discharge
5. Subject as hereinafter provided and to any contrary Power for direction under subsection (2) of section 4, it shall be lawful for an authorized guard in carrying out his duties under this firearms. Ordinance to discharge firearms—
(a) at any person whom he reasonably believes to be about to enter or leave a protected place and who fails to halt when challenged ;
(b) at any person whom he reasonably believes to be
in the act of breaking into a protected place;
(c) at any person whom he has reason to believe is or
has been stealing or is or has been committing any offence punishable under the Malicious Damage (Cap. 211.) Ordinance, in such protected place and who fails to halt when challenged;
(d) at any person forming part of a group of three or more persons engaged in throwing stones or other articles at such authorized guard which he has reason to believe may cause him grievous bodily harm.
6. Nothing in section 5 contained shall authorize an Limitation authorized guard-
(a) to discharge firearms at any person if such person can be apprehended or prevented from escaping by any other lawful means consistent with the duties of such authorized guard under this Ordinance; (b) to discharge firearms with intent to cause greater harm to any person than is reasonably necessary for the discharge by such authorized guard of his duties under this Ordinance.
7.
Where any authorized guard has in the course of duty discharged firearms he shall until the contrary is proved be deemed to have been acting within the scope of the authority conferred upon him by this Ordinance.
on power to discharge firearms.
Onus of proof.
127
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