1964_PUBLIC_ORDER_ORDINANCE — Page 15

14

CAP. 245]

Public Order

[1987 Ed.

Disorder in public places.

(c) 3 or more persons taking part in or forming part of a public meeting, public procession or public gathering, or other meeting, procession or gathering of persons refuse or wilfully neglect to obey an order given or issued under section 17(3),

the public meeting, public procession or public gathering, or other meeting, procession or gathering of persons, as the case may be, shall be an unauthorized assembly.

(3) Where any public meeting, public procession or public gathering, or other meeting, procession or gathering of persons, is an unauthorized assembly by virtue of subsection (2)—–

(a) every person who, without lawful authority or reasonable excuse, knowingly takes or continues to take part in or forms or continues to form part of any such unauthorized assembly; and

(b) every person who-

(i) holds, convenes, organizes, forms or collects, or assists or is concerned in the holding, convening, organizing, forming or collecting of, any public meeting or public procession referred to in subsection (2)(a); or

(ii) continues or attempts to continue to hold or conduct, or to direct otherwise than for the purpose of securing obedience to an order given or issued under sec- tion 6 or 17(3), any public gathering such as is referred to in subsection (2)(b), or any public meeting, public proces- sion or public gathering, or other meeting, procession or gathering of persons, referred to in subsection (2)(c),

after the same has become an unauthorized assembly as aforesaid,

shall be guilty of an offence and shall be liable--

(i) on conviction on indictment, to imprisonment for 5 years;

and

(ii) on summary conviction, to a fine of $5,000 and to im-

prisonment for 3 years.

(4) Where in any prosecution for an offence under subsection (1)(b) or (c) or subsection (3)(a) it is alleged that the person charged with the offence did or omitted to do any act knowingly, his state of mind as so alleged shall in the absence of proof to the contrary be presumed.

17B. (1) Any person who at any public gathering acts in a disorderly manner for the purpose of preventing the transaction of the business for which the public gathering was called together or incites others so to act shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 12 months.

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