PART IV.
UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR OFFENCES,
18. (1) When three or more persons, assembled together, conduct
themselves in a manner intended or likely to cause any person reasonably
to fear that the persons so assembled will commit a breach of the peace,
or will by such assembly provoke other persons to commit a breach of the
peace, they are an un- lawful assembly.
(2) It is immaterial that the original assembly was lawful, if being
assembled, they conduct themselves in such a manner as aforesaid.
PUBLIC ORDER
Ord. No. 64/67.
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(3) Any person who takes part in an unlawful assembly shall be guilty of
the offence of unlawful assembly and shall be liable- (a) on conviction
on indictment, to imprisonment for five
years; and
(b) on summary conviction, to a fine of five thousand dollars
and to imprisonment for three years.
19. (1) When any person taking part in an unlawful assem- bly commits a
breach of the peace, the assembly is a riot and the persons assembled
are riotously assembled.
(2) Any person who takes part in a riot shall be guilty of the offence
of riot and shall be liable-
(a) on conviction on indictment, to imprisonment for ten
years; and
(b) on summary conviction, to a fine of five thousand dollars
and to imprisonment for five years.
20. (1) Any person taking part in a riot who unlawfully pulls down or
destroys or begins to pull down or destroy any motor vehicle, tramcar,
aircraft, vessel, building. railway, machin- ery or structure shall be
guilty of an offence and shall be liable- (a) on conviction on
indictment, to imprisonment for four.
teen years; and
(b) on summary conviction, to imprisonment for five years. (2) A person
may be convicted of an offence under this section whether or not he has
been charged with or convicted of any other offence under this Part.
21. (1) Any person taking part in a riot who unlawfully damages any of
the things specified in section 20 shall be guilty of an offence and
shall be liable-
(a) on conviction on indictment, to imprisonment for ten
years; and
(b) on summary conviction, to imprisonment for five years. (2) A person
may be convicted of an offence under this section whether or not he has
been charged with or convicted of any other offence under this Part.
22. (1) Any person taking part in a riot who unlawfully and with force
prevents, hinders or obstructs, or attempts to prevent, hinder or
obstruct, the loading or unloading, or the move. ment, of any motor
vehicle, tramcar, aircraft, train or vessel, or unlawfully and with
force boards, or attempts to board, any motor vehicle, tramcar,
aircraft, train or vessel with intent to do so,
Riot.
Rioters
demolishing buildings, etc.
Rioters
damaging buildings. machinery, etc.
Riotously
preventing the sailing of ship.
aircraft or train.
A268
Ord. No. 64/67.
Forcible entry.
Forcible detainer of premises.
Fighting in public.
Proposing violence at public gatherings.
PUBLIC ORDER
shall be guilty of an offence and shall be liable on summary; conviction
to a fine of five thousand dollars and to imprisonment for three years.
(2) A person may be convicted of an offence under this section whether
or not he has been charged with or convicted of any other offence under
this Part.
23. (1) Any person who enters on any premises in a violent manner,
whether or not he is entitled to enter thereon and whether such violence
consists in actual force applied to any other person or in threats or in
breaking open any building or in collecting an unusual number of people,
shall be guilty of an offence and shall be liable on summary conviction
to a fine of five thousand dollars and to imprisonment for two years.
(2) Nothing in this section shall make it an offence for a person to
enter upon premises of his own which are in the custody of his servants
or his bailiff.
24. Any person who, being in unlawful possession of prem- ises,
holds possession of them, in a manner likely to cause a breach of the
peace or to cause any person reasonably to fear that a breach of the
peace may occur, against a person entitled by law to the possession of
the premises shall be guilty of an offence and shall be liable on
summary conviction to a fine of five thousand dollars and to
imprisonment for two years.
25. Any person who takes part in a fight in a public place shall be
guilty of an offence and shall be liable on summary con- viction to a
fine of five thousand dollars and to imprisonment for twelve months.
26. Any person who, without lawful authority, at any public gathering
makes any statement, or behaves in a manner, which is intended or is
likely to incite or induce any person-
(a) to kill or do physical injury to any person or to any
class or community of persons;
(b) to destroy or do any damage to any property; or
(c) to deprive any person by force or fear of the possession or use of
any property either permanently or temporarily,
shall be guilty of an offence and shall be liable-
(i) on conviction on indictment, to imprisonment for five
years; and
(ii) on summary conviction to a fine of five thousand dollars
and to imprisonment for two years.
:
J
PUBLIC ORDER
PART V.
Ord. No. 64/67.
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INTIMIDATION AND INTIMIDATING ASSEMBLIES.
27. Any person who, without lawful excuse-
(a) does or says anything, or behaves in a manner, or utters or
distributes any publication, which is likely to or might make some other
person apprehensive as to what may happen-
(i) to such other person or to any member of the family or any dependant
of such other person;
(ii) to any property, business, undertaking or interest of such other
person or of any member of the family or any dependant of such other
person;
(iii) to any building or place occupied by such other person or by any
member of the family or any dependant of such other person; or
(iv) to any business or undertaking in which such other person or any
member of the family or any dependant of such other person is employed;
(b) does or says anything, or behaves in a manner, which is likely to or
might compel or induce some other person to do anything which such other
person is not legally obliged to do or counsels some other person to do
any such thing:
(c) does or says anything, or behaves in a manner, which is likely to or
might compel or induce some other person to refrain from doing anything
which such other person is legally entitled to do or counsels some other
person to refrain from doing any such thing;
(d) watches or besets any building or place or the approaches
to any building or place; or
(e) persistently follows some other person about from place
to place,
shall be guilty of an offence and shall be liable-
(i) on conviction on indictment, to imprisonment for five
years; and
(ii) on summary conviction, to a fine of five thousand dollars
and to imprisonment for two years.
28. (1) Where there is an unlawful assembly and any per- son in such
assembly does or says anything, or behaves in a manner, which is likely
to or might alarm or intimidate some other person or make some other
person apprehensive as to what
Intimidation.
Intimidating assembly,
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Directing, organizing, etc. intimidation.
Organization of intimidating assembly.
Curfew orders.
Ord. No. 64/67,
PUBLIC ORDER
may happen to him or any other person, the assembly shall be ar
intimidating assembly.
(2) Any person who takes part in an intimidating assembly shall be
guilty of an offence and shall be liable-
(a) on conviction on indictment, to imprisonment for five
years; and
(b) on summary conviction, to a fine of five thousand dollars
and to imprisonment for three years.
29. Any person who directs, organizes, arranges, encourages, counsels,
causes, procures or commands any intimidation which is an offence under
section 27 shall be guilty of an offence and shall be liable--
(a) on conviction on indictment, to imprisonment for five
years; and
(b) on summary conviction, to a fine of five thousand dollars
and to imprisonment for three years.
30. Any person who directs, organizes, arranges, encourages, counsels,
causes, procures or commands an assembly which is or becomes an
intimidating assembly under section 28 shall be guilty of an offence and
shall be liable-
(a) on conviction on indictment, to imprisonment for five
years; and
(b) on summary conviction, to a fine of five thousand dollars
and to imprisonment for three years.
PART VI.
CONTROL OF PLACES, VESSELS, OFFENSIVE WEAPONS, ETC.
31. (1) The Governor may, if he is satisfied that it is necessary in the
interests of public order so to do, by order (here- inafter referred to
as a curfew order) direct that, within such area and during such hours
as may be specified in the curfew order, every person, or, as the case
may be, every member of any class of persons specified in the curfew
order, shall, save under and in accordance with a permit issued by the
Commissioner of Police under subsection (2), remain indoors.
(2) (a) The Commissioner of Police may issue to any person
a permit for the purposes of subsection (1).
PUBLIC ORDER
Ord. No. 64/67.
A271
(b) A permit issued under this subsection shall be subject to such
conditions as the Commissioner of Police thinks fit, and may be
cancelled by the Commissioner of Police at any time.
(3) A curfew order shall-
(a) come into force at such time as may be specified therein or, if no
time is so specified, immediately upon the making thereof by the
Governor;
(b) be published in the Gazette as soon as may be reasonably
practicable after the making thereof; and
(c) remain in force for the period specified therein or until earlier
cancelled by the Governor in accordance with subsection (4).
(4) The Governor may vary or cancel a curfew order by order which shall
come into force and be published in like manner as that provided in
subsection (3) for a curfew order.
(5) Any person who contravenes-
(a) any of the provisions of a curfew order; or
(b) any condition to which a permit issued under subsection
(2) is subject,
shall be guilty of an offence and shall be liable on summary con-
viction to a fine of five thousand dollars and to imprisonment for two
years.
(6) The following persons shall, notwithstanding the provi- sions of
this section, not be subject to or obliged to comply with any of the
provisions of a curfew order when on duty or proceed- ing to or from
duty-
(a) a police officer;
(b) a member of the Hong Kong Auxiliary Police Force when the Force, or
the part of the Force to which such member belongs, or such member, has
been called out under subsection (1) or (2) of section 16 of the Hong
Kong Auxiliary Police Force Ordinance;
(c) a member of the Fire Services Department;
(d) a member of the Prisons Department:
(e)
a member of the Preventive Service;
( a member of Her Majesty's forces;
(g) a member or officer of the Royal Hong Kong Defence Force when the
Force has been called out under sub- section (1) of section 16 of the
Royal Hong Kong
(Cap. 233J
(Cap. 1993)
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Ord. No. 64/67.
Carrying
offensive weapons during curfew.
Possession of offensive weapon in public place.
PUBLIC ORDER
Defence Force Ordinance or the unit or part of the Force to which such
member or officer belongs, or such membe or officer, has been called out
under subsection (1) of section 17 of the Royal Hong Kong Defence Force
Ordinance:
(h) any person, whether or not he is a member of the Essential Services
Corps, in possession of a valid warrant signed by the Commissioner of
the Essential Services Corps and certifying that such person is engaged
on essential duties; and
(1) any servant of the Crown, other than a public officer, in possession
of a permit issued by the Commissioner of Police for the purposes of
this paragraph.
(7) Whenever the Governor considers it necessary, a curfew order may
provide that subsection (6) shall not apply in the case of that curfew
order with respect to such of the persons specified in that subsection
as may be prescribed by the curfew order.
32. (1) Any person who, without lawful authority, carries or has in
his possession in any area in which a curfew order is in force and
during the hours during which the curfew imposed thereby is operative
any offensive weapon shall be guilty of an offence and shall be liable
on summary conviction to a fine of five thousand dollars and to
imprisonment for three years.
(2) A person shall not be convicted of an offence under this section
if he proves to the satisfaction of the court that he carried or had in
his possession the offensive weapon-
(a) solely for domestic or defensive purposes within enclosed premises
which he was lawfully occupying or in which he was lawfully present; or
(b) with the authority of his employer and solely for domestic or
defensive purposes within enclosed premises in the lawful occupation of
his employer.
(3) Where any person is convicted of an offence under sub- section
(1), the court may make an order for the forfeiture of any offensive
weapon in respect of which the offence was committed.
33. (1) Any person who, without lawful authority or reason. able
excuse, has with him in any public place any offensive weapon shall be
guilty of an offence and shall be liable on summary conviction to a fine
of five thousand dollars and to imprisonment for two years.
(2) Where any person is convicted of an offence under sub- section
(1), the court may make an order for the forfeiture of any offensive
weapon in respect of which the offence was committed.
PUBLIC ORDER
Ord. No. 64/67.
34. (1) The Governor may, if he is satisfied that it is hecessary in the
interests of public order so to do, by order prohibit or control the
landing, taking off or movement of any aircraft or class of aircraft or
the movement or anchorage of any vessel or the use of any waters in Hong
Kong by all vessels or any vessel or class of vessel during such hours
and for such a period and subject to such conditions as may be specified
in the order.
(2) Any person who contravenes any provision of any order made under
subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of five thousand dollars and to
imprisonment for two years.
(2) Any police officer or any public officer may take such steps and use
such force as may be necessary to secure compliance with any order made
under subsection (1).
35. (1) The Governor may, if he is satisfied that it is necessary in the
interests of public order so to do, give such orders as may appear to
him to be necessary for the detention of any vessel or aircraft, or any
class of vessel or aircraft, and for the detention of any of the persons
on board the vessel or aircraft so far as this may be necessary to
ensure the detention of the vessel or aircraft.
(2) Any person detained in accordance with an order issued under
subsection (1) shall be deemed to be in lawful custody.
(3) Any police officer or any public officer may, in relation to any
vessel or aircraft, or any persons on board, take such steps and use
such force as may be necessary to secure compliance with any order made
under subsection (1).
(4) The Governor may give orders for the release of any vessel, aircraft
or person detained under this section, and for the departure thereof
from Hong Kong.
(5) In this section, "person on board" means any person who
is or was on board the vessel or aircraft-
(a) at the time of its arrival in Hong Kong; or
(b) at the time of its detention under this section; or
(c) at any time between the time of its arrival or detention
and its final departure from Hong Kong.
(6) This section shall be in addition to and not in derogation
of any other law in relation to deportation or expulsion of persons from
Hong Kong.
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Power of Governor to prohibit the movement of vessels or aircraft.
Detention of vessels and aircraft,
A274
Ord. No. 64/67.
PUBLIC ORDER
Closed areas.
Permits to enter and leave closed area,
Prohibition on entering or leaving closed area without permit.
Power of arrest.
PART VII.
CLOSED AREAS.
36. The Governor may by order declare any area or place to be a
closed area.
37. (1) In the case of a closed area which is an area or place
occupied by Her Majesty's forces or for other purposes of the Crown in
right of Her Majesty's government in the United Kingdom, the Commander
British Forces or any commissioned officer in Her Majesty's forces
authorized by him for the purposes of this subsection may issue to any
person a permit allowing such person to enter and leave the closed area.
(2) In the case of any other closed area, the Commissioner of Police may
issue to any person a permit allowing such person to enter and leave the
closed area.
(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.
38. Any person who-
(a) enters or leaves a closed area save under and in accord-
ance 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 con-
viction to a fine of five thousand dollars and to imprisonment for two
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 person posted to
guard a closed area by or under the authority of the Governor or the
Commander British Forces, may arrest- (a) any person who he finds in a
closed area if he has reason to suspect that such person has committed
any offence; (b) any person who he finds committing any offence in a
closed area;
(c) any person who 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.
(2) Any person arrested under subsection (1) shall be delivered into the
custody of a police officer as soon as practicable.
PUBLIC ORDER
PART VIII.
SPECIAL CONSTABLES.
Ord. No. 64/67.
A275
40. The Governor may at any time by order authorize any magistrate to
appoint any person who is willing so to act as a special constable for
such period as may be specified in such order by the Governor.
Power of Governor to authorize appointment of special constables.
Power of
constable.
41. (1) A person appointed as a special constable shall, when acting as
such, have the same duties, powers, protection special and immunities as
are imposed or conferred by this Ordinance or any other law on a police
officer.
(2) A special constable shall comply with all such orders as may be
given to him by the Commissioner of Police.
(3) Nothing in this section shall entitle a special constable to any
pay, pension or other reward.
42. Any special constable who, without reasonable excuse, neglects or
refuses to obey such orders as may be given to him for the performance
of the duties of his office under subsection (2) of section 41 shall be
guilty of an offence and shall be liable on summary conviction to a fine
of one thousand dollars and to imprisonment for two months.
PART IX.
GENERAL.
43. If a magistrate is satisfied that--
(a) any person is attempting to conceal his presence in Hong
Kong with a view to committing an offence;
(b) there is in Hong Kong a person who cannot give a
satisfactory account of himself;
(c) any person has, either orally or in writing, disseminated or
attempted to disseminate, or has in any way abetted the dissemination
of, any seditious matter, that is to say, any matter the publication of
which is punishable under section 4 of the Sedition Ordinance; or
(d) any person has committed, or is about to commit or attempt to
commit, any act calculated to interfere with the administration of the
law or with the maintenance of law and order,
Special constable refusing to obey orders.
Security for good behaviour from suspected persons, etc.
(Cap. 217.)
A276
Ord. No. 64/67.
Order to be made.
PUBLIC ORDER
the magistrate may, in accordance with section 44, require suc person to
show cause why he should not be ordered to execute a bond with sureties
for his good behaviour for a period not exceed- ing two years.
44. (1) When a person is required to show cause under section 43, the
magistrate shall make an order in writing setting forth-
(a) the substance of the information received: (b) the amount of the
bond to be executed;
(c) the term for which it is in force;
(d) the number, character and class of sureties. if any,
required.
(2) If a person required to show cause under section 43 is present in
court, the order shall be read over to him, and, if necessary, the
substance of it explained.
(3) If a person required to show cause under section 43 is not in
court, the magistrate shall bring him before the court by summons or by
warrant as he deems appropriate in the circum- stances of the case.
(4) A summons or warrant issued under subsection (3) shall be
accompanied by a copy of the order and such copy shall be delivered by
the officer executing the process.
(5) When a person appears or is brought before a court in pursuance of
an order as aforesaid, the magistrate shall inquire into the truth of
the information as far as is practicable in the manner prescribed for
summary trials, except that no charge need be framed.
(6) If the magistrate is satisfied that it is necessary for the
maintenance of the peace or of good behaviour, as the case may be, that
the person named in the order should execute a bond with or without
sureties, he shall make an order accordingly.
(7) If the magistrate is satisfied that it is not necessary to execute a
bond, the person named in the order shall be discharged from the
inquiry.
(8) A bond executed by a person to keep the peace or be of good
behaviour, as the case may be, shall be deemed to be broken by the
commission of any offence punishable with imprisonment.
(9) A magistrate may, in his discretion, refuse to accept any person
offered as surety for good behaviour.
(10) If any person ordered to give security does not give such security
on or before the date of the commencement of such
PUBLIC ORDER
Ord. No. 64/67.
A277
ecurity, he shall be committed to prison until the expiration of Such
term as the magistrate may direct or until he shall furnish such
security to the magistrate who made the order:
Provided that the period of imprisonment for failure to give security
shall not exceed the period for which security is ordered to be given.
(11) Any person so imprisoned may be released by an order made by a
magistrate if such magistrate considers he may be released without
hazard to the community or any person.
(12) Any surety for peaceable conduct or good behaviour may apply to a
magistrate to cancel any bond executed under this section. In such a
case, the magistrate shall call for fresh security for the unexpired
term and if not forthcoming shall order impris- onment accordingly.
45. Without prejudice to any other powers conferred by this Ordinance,
any police officer may use such force as may be necessary-
(a) to prevent the commission or continuance of any offence
under this Ordinance;
(b) to arrest any person committing or reasonably suspected of being
about to commit or of having committed any offence under this Ordinance;
or
(c) to overcome any resistance to the exercise of any of the
powers conferred by this Ordinance.
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 reason- ably 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
Use of
necessary force,
Restriction on use of force.
Offences by societies, etc.
A278
Ord. No. 64/67.
PUBLIC ORDER
1
Proof of lawful authority or
excuse. (Cap. 2213
Power of entry and search, etc.
act or omission on his part, he was not aware that the offen was being
or was intended or about to be committed, or that he took all reasonable
steps to prevent its commission.
48. Section 65 of the Criminal Procedure Ordinance (whereby the proof of
lawful or reasonable authority or purpose or excuse shall lie upon the
person charged with the offence) shall apply to all proceedings for any
offence under this Ordinance in any court.
49. (1) Without prejudice to any other provision of this Ordinance,
any police officer of or above the rank of inspector. with the
assistance of such other police officers as may be neces- sary, may-
(a) enter and search any premises or place whatsoever if he knows or has
reason to suspect that an offence under this Ordinance is being or has
been committed therein or that there is therein any evidence of the
commission of an offence under this Ordinance;
(b) search any person found in any premises or place which he is
empowered to enter and search under paragraph (a); (c) stop, board and
search any vessel or stop and search any motor vehicle or tramcar if he
knows or has reason to suspect that there is therein any evidence of the
com- mission of an offence under this Ordinance;
(d) seize, remove and detain anything which is or contains or appears to
him to be or to contain, or to be likely to be or to contain, evidence
of the commission of an offence under this Ordinance.
(2) Any police officer may use such force as may be neces- sary for
the exercise of the powers conferred by subsection (1), and any person
found in any premises or place, or in any vessel, vehicle or tramcar,
may be detained by any police officer until the same has been searched
under subsection (1).
(3) Any police officer may, using such force as may be neces- sary,
enter any premises or place whatsoever if he knows or has reason to
suspect that-
(a) any person who has lately been in an unlawful assembly, a riot or an
intimidating assembly, or engaged in any unlawful purpose, has escaped
into such premises or place; or
(b) persons about to commit a breach of the peace are
assembled therein.
(4) A woman shall not be searched under this section except by a woman.
PUBLIC ORDER
Ord. No. 64/67.
50. (1) Without prejudice to the provisions of this Ordinance or of any
other law, a member of the 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 subsection (1) or (2) of section 16 of the 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.
(2) (a) A member or officer of the Royal Hong Kong Defence Force on
duty, and while proceeding to and from duty, when the Force has been
called out under subsection (1) of section 16 of the Royal Hong Kong
Defence Force Ordinance or the unit or part of the Force to which such
member or officer belongs, or such member or officer, has been called
out under subsection (1) of section 17 of the Royal Hong Kong Defence
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.
(b) Whenever the Governor so directs, a member or officer of the Royal
Hong Kong Defence Force on duty, and while proceeding to and from duty,
when the Force has been called out under subsection (1) of section 16 of
the Royal Hong Kong Defence Force Ordinance or the unit or part of the
Force to which such member or officer belongs, or such member or
officer, has been called out under subsection (1) of section 17 of the
Royal Hong Kong Defence Force Ordinance shall have the same powers,
protection and immunities as are imposed or conferred by this Ordinance
or any other law on a police officer of equivalent rank.
(3) Without prejudice to the provisions of this Ordinance or of any
other law, any member of Her Majesty's forces acting in aid of the civil
power shall have the same powers, protection and immunities as are
imposed or conferred by this Ordinance or any other law on a police
officer.
(4) Without prejudice to the provisions of this Ordinance or of any
other law, any commissioned officer in Her Majesty's forces acting in
aid of the civil power shall have the powers conferred by subsections
(2), (3) and (4) of section 11 and subsection (1) of section 49 on a
police officer of or above the rank of inspector.
(5) A certificate purporting to be signed by the Colonial Secretary and
stating that a member of Her Majesty's forces was,
A279
Powers of members of certain auxiliary services and Her Majesty's
forces.
(Cap. 233,3
(Cap. 1979.)
(Cap. 232.)
A280
Power of Governor to give directions.
Delegation of powers.
Indemnity to persons acting under Ordinance.
Repeal.
(Cap. 244.) (Cap. 245.)
Amendments. (Cap. 211.)
(Cap. 222.)
Ord. No. 64/67.
PUBLIC ORDER
at the time specified therein, acting in aid of the civil power shang be
conclusive evidence thereof in all proceedings and for al purposes.
51. (1) The Governor may give such directions as he thinks fit with
respect to the exercise or performance by the Commis- sioner of Police
or any other police officer of the powers, functions or duties conferred
or imposed on him by or under this Ordinance, either generally or in any
particular case.
(2) The Commissioner of Police and any other police officer shall, in
the exercise or performance of such powers, functions or duties, comply
with any directions given by the Governor under subsection (1).
52. The Commissioner of Police may-
(a)
delegate to any police officer of the rank of inspector or above any of
the powers conferred on him by section 4, 6, 7, 31, 37 or 41; and
(b) delegate to any police officer of the rank of assistant
superintendent or above any of the powers conferred on him by any other
provision of this Ordinance.
53. Without prejudice to the provisions of section 46, no person
acting in good faith under the provisions of this Ordinance shall be
liable in damages or otherwise for any act done by him in pursuance or
exercise of any obligation, duty or power imposed or conferred, or
reasonably supposed to be imposed or conferred. on him by this
Ordinance, if done in good faith, and done or purported to be done in
the execution of his duty or for the public safety or for the defence of
Hong Kong or for the enforcement of discipline or otherwise in the
public interest, if such person be a person holding office under or
employed in the service of the Crown in any capacity, whether naval,
military, air force or civil. or be an officer or member of the Royal
Hong Kong Defence Force or a member of the Hong Kong Auxiliary Police
Force acting as such or be a person acting under the authority of a
person so holding office or so employed or such an officer or member.
54. The Peace Preservation Ordinance and the Public Order Ordinance
are repealed.
55. (1) Sections 12 and 13 of the Malicious Damage Ordin- ance are
repealed.
(2) The Corporal Punishment Ordinance is amended by deleting paragraph
9 of the First Schedule thereto.
PUBLIC ORDER
Ord. No. 64/67.
(3) The Police Supervision Ordinance is amended by adding he following
after item 14 in the First Schedule thereto-
(Cap. 224,)
"15. The Public Order Ordinance 1967-sections 27, 28, 29 and 30.".
(4) Paragraphs (16), (20) and (21) of section 4 of the Summary Offences
Ordinance are deleted and section 19 of the said Ordinance is repealed.
(5) Section 17 of the Hong Kong Auxiliary Police Force Ordinance is
amended by deleting "so employed and while pro- ceeding to and returning
from duty," and substituting the following-
"under training or performing any voluntary duty under section 18,".
(6) Section 27 of the Arms and Ammunition Ordinance is repealed and
replaced by the following-
"'Power to order removal to central store of arms and ammunition.
27. The Governor in Council may, if it appears to him to be necessary or
expedient in the interests of public order so to do, by notification in
the Gazette order the removal to the said central store of all arms and
ammunition in the possession of any importers of, or dealers in, or
vendors of arms or ammunition, or of such arms and ammunition only as,
in the opinion of the Governor in Council are not in safe keeping or
custody, or order the closing of all shops or stores where arms or
ammunition are sold and the suspen- sion of the sale of all arms and
ammunition during the continuance in force of such notification.".
(7) The City Hall Ordinance is amended-
(a) by deleting the definition "public meeting" in section 2
thereof and substituting the following-
"L
"public meeting" means any gathering or assembly of persons convened or
held for any purpose, but does not include any meeting exclusively for
the purposes of any public body;";
(b) by deleting subsection (4) of section 6 and substituting
the following-
"(4) The provisions of this section are in addi- tion to and not in
derogation from the provisions of any other law requiring the licensing
of public meetings.".
(8) The Public Order Curfew (Consolidation) Order is amended by deleting
the second sentence in paragraph 2.
(Cap. 228.)
(Cap. 233.)
(Cap. 218)
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