26
CAP. 245]
Public Order
[1987 Ed.
Prohibition on entering or leaving closed area without permit.
(Cap. 233.)
(Cap. 199.)
(Cap. 198.)
General permission to enter or leave closed area.
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. (1) Subject to subsection (2), 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. (Amended, 33 of 1983, s. 2)
(2) In the case of a closed area other than a closed area referred to in section 37(1), subsection (1)(a) shall not apply-
(a) to the following persons when on duty or proceeding to or from duty---
(i) a police officer;
(ii) a member of the Royal Hong Kong Auxiliary Police Force as constituted under the Royal Hong Kong Auxiliary Police Force Ordinance;
(iii) a member of Her Majesty's forces;
(iv) an officer or member of the Royal Hong Kong Regiment as constituted under the Royal Hong Kong Regiment Ordinance; and
(v) an officer or member of the Royal Hong Kong Auxiliary Air Force as constituted under the Royal Hong Kong Auxiliary Air Force Ordinance; and
(b) if the closed area is one in respect of which a notice is published under section 38A(1), to any person to whom the notice applies and who complies with the terms thereof. (Added, 33 of 1983, s. 2)
38A. (1) The Commissioner of Police may, in relation to any closed area in respect of which he is empowered under section 37(2)(a) to issue a permit, by notice published in the Gazette grant permission to persons of any class or category specified in the notice
26
CAP. 245]
Public Order
[1987 Ed.
Prohibition on entering or leaving closed area without
permit.
(Cap. 233.)
(Cap. 199.)
(Cap. 198.)
General
permission to enter or leave closed area.
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. (1) Subject to subsection (2), 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. (Amended, 33 of 1983, s. 2)
(2) In the case of a closed area other than a closed area referred to in section 37(1), subsection (1)(a) shall not apply-
(a) to the following persons when on duty or proceeding to or
from duty---
(i) a police officer;
(ii) a member of the Royal Hong Kong Auxiliary Police Force as constituted under the Royal Hong Kong Auxiliary Police Force Ordinance;
(iii) a member of Her Majesty's forces;
(iv) an officer or member of the Royal Hong Kong Regiment as constituted under the Royal Hong Kong Regiment Ordinance; and
(v) an officer or member of the Royal Hong Kong Auxiliary Air Force as constituted under the Royal Hong Kong Auxiliary Air Force Ordinance; and
(b) if the closed area is one in respect of which a notice is published under section 38A(1), to any person to whom the notice applies and who complies with the terms thereof. (Added, 33 of 1983, s. 2)
38A. (1) The Commissioner of Police may, in relation to any closed area in respect of which he is empowered under section 37(2)(a) to issue a permit, by notice published in the Gazette grant permission to persons of any class or category specified in the notice
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