Trade Union Registration ordinance;
+
"trade union federation" has the meaning that it has for the
purposes of the Trade Union Registration Urdinance.
Intimidation. ✓
Any person who, without lawful excuse, the proof whereof
lies on bim
(a) does or says anything, or behaves
anner, or atters
or distributes any publication, which is likely to or
might make some other persoa apprehensive as to what say
happen
(1)
to such other person or to any meuber of the family
er 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
dependant of such other person;
(iii) to any building or place occupied by such other
person or by any member of the family or my dependant of
such other person; or
(iv) to any business or undertaking in which such other
person or any member of the family or 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 seze 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
(●) 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
(11) on summary conviction, to a fine of five thousand dollars
and to imprisonment for two years.
Directing,
organizing, etc.
intimidation.
4.
Any person whe directs, organisea, arranges, encourages, counsels,
causes, procures or commands any intimidation 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 two years,
Liability
of officers
etc. of
trade unions and societies in certain
5.
Where
(a) any member of or person employed by, or any agent of, a
trade union or society; or
has
(b)
any member of a trade union which is comprised in any trade union
federation or any person employed by or any agent of a trade union
federation,
(1) committed an offence under regulation 3 of the Criminal
Intimidation Ordinance; or
(ii) committed an offence under regulation 4,
every officer, and every other persen taking part or assisting in the
management, control, direction or administration, of such trade union or
trade union federation, or every office-bearer of such society, as the
case may be, shall be guilty of an offence under
regulation 4 and shall be liable to the penalties prescribed therefor
unless he shows that the trade union, trade union federation or society
had taken all practicable steps to discourage and prevent the commission
by its members or such persons of offences under regulation 3 or 4 or
the Criminal intimidation urdinance.
Evidence as to officers of trade union, etc.
5. (1) In proceedings for an offence under regulation 4
against an officer, or other person taking part or assisting in the
management, control, direction or administration, of a trade union
or trade union federation, or against an office-bearer of a society,
any newspaper or other publication containing a statement that the
defendant is such an officer, person or office-bearer, as the case
may be, shall be admitted in evidence without further proof on its
production by the prosecution.
(2) Where a wspaper or other publication is so admitted in
evidence, such statement shall, until the contrary is proved, be
sufficient evidence that the defendant is an officer, or other person
taking part or assisting in the management, control, direction or
administration, of the trade union or trade union federation or is
an office-bearer of the society, as the case may be.
Evidence of
views expressed by trade union,
etc.
† 7. (1) In proceedings for an offence under regulation 4
against an officer, or other person taking part or assisting in
the management, control, direction or administration, of a trade
union er trade union federation, or against an office-bearer of a
society, the prosecution may in rebuttal tender a newspaper or other
publication containing any relevant material showing or tending to
show what views have been expressed by or on behalf of the trade union,
trade union federation er society in relation to any matter arising
in such proceedings.
(x)
(2) Where a newspaper or other publication is so tendered by
the prosecution, the court shall admit the same in evidence without
further proof, and, unless the contrary is provided, it shall be
sufficient evidence that such views have been so expressed.
Powers of police officers.
B. (1) Any police officer of or above the rank of inspeeter, with the
assistance of such other police officers as may be necessary
Awm
(a) enter and search any building or place if he knows o
has reason to suspect that an offence under these regulations
is being or has been committed therein or that there is therein any
evidence of the commission of an offence under these regulations;
(b) step, board and search any vessel or stop and search; any
vehicle if he knows or has reason to suspect that there is therein any
evidence of the commission of an offence under these regulations; and
(c) seize remove and detain anything which is or contains of
appears to him to be or to contain, or to be likely to be
or to contain, evidence of the comission of an offence
under these regulations.
(2) Any police officer ma
(a) break open any outer or inner door of any building or
place that he is empowered by these regulations to exter
and search;
i
(b) remove by force any person or thing obstructing any
search, seizure, removal or detention that he is empowered
by these regulations to makej
(e) detain any person found in any building or place that he is
empowered by these regulations to search until the same
has been searched; and
(d) detain any vessel or vehicle that he is empowered by these
regulations to search until the same has been searched.
Obstruction
of police officers.
9.
Any person who obstructs any police officer or any police
officer assisting a police officer, in the exercise of any power
conferred on him by these regulations shall be guilty of an offence
and shall be liable on conviction to a fine of five thousand dollars
and to imprisonment for two years.
Temporary modification of Police Supervision Ordinance.
(Cap. 224.)
10.
During the continuance in force of these regulations, the
Police Supervision Ordinanse shall apply as if, in addition to the other
offences specified therein, the First Schedule to that Ordinance
specified an offence under regulation 3 or 4 of these regulations.
Saving.
11. Nothing in these regulations shall derogate from or in any way
restrict or affect any power conferred on any police officer by or under
any other law or the operation of any other law.
¦
¡
!
[
Citation.
EMERGENCY REGULATIONS ORDINANCE.
(Chapter 241).
Emergency (Prevention of Intimidating Assemblies)
Regulations 1967,
In exercise of the powers conferred by section 2 of the Energency
Regulations ordinance, the Governor in Council has made the following
regulations
1. These regulations may be cited as the Emergency (Prevention of
Intimidating Assemblies) Regulations 1907.
Interpretation.
2.
In these regulations
✓
"building" includes the whole or any part of any domestic or public
building, arch, bridge, chimney, dock, factory, garage, hangar,
hoarding, office, pier, shelter, shop, wall, warehouse, wharf, workshop
or other structure whatsoever;
"officer", in relation to a trade union or trade union federation, has
the meaning that it has for the purposes of the Trade Union Registration
Ürdinance;
"office-bearer", in relation to a society, has the meaning that it
has for the purposes of the Societies Ordinance;
"place" means any place whatsoever, whether or not the publie has
access thereto as of right;
+
"society" has the meaning that it has for the purposes of the
Societies Ürdinance;
-
"trade union" has the meaning that it has for the purposes of the
Trade Union Registration Ordinance;
(10.)
"trade union federation" has the meaning that it has for the purposes
of the Trade Union Registration Ordinance,
Intimidating✓
assembly.
3. (1) Where there is an assembly of three or more persons and any
person in such assembly does, says or chants anything, or behaves in a
manner, which is likely to or might alarm or intimidate some other
person or make some other person apprehensive
to what
may happen to him or any other person or give some other person ground
for apprehending that a breach of the pease may take place, the assembly
shall be an intimidating assembly.
(2) Any person who takes part in an intimidating assembly, or,
whether or not he does, says or chants any such thing, or behaves in
any such manner, as is specified in paragraph (1), forms part of or
joins 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 two years.
Organization
✓
4.
of
intimidating
assembly.
counsels
Any person who directs, organizes, arranges, encourages,
causes, procures or commands assembly of three or more
which is er becomes an intimidating assembly under these regulations
shall be guilty of an offense and shall be liable -
(a)
on conviction on indictment, to imprisonment for five years;
and
(b) on summary conviction, to a
on summary conviction, to a fim of five thousand dollars
and to imprisonment for two years.
Liability
of officers etc. of trade
unions and societies
in certain
4
5.
Where
(a) any member of or person employed by, or any agent of, a trade
union or society; or
(b) any member of a trade union which is comprised in any trade
union federation or any person employed by or any agent of
a trade union federation,
Evidence as to officers of trade
union, ete.
+
or 4
has committed an offence under regulation 34 every officer, and every
other person taking part or assisting in the management, control,
direction or administration, of such trade union or trade union
federation, or every office -bearer of such socity, as the case may
be, shall be guilty of an offence under regulation 4 and shall be
liable to the penalties prescribed therefor unless he shows that the
trade union, trade union federation or society had taken all practicable
itsTM
steps to discourage and prevent the commission by the members or such
persons of offences under regulation 34 or 4,
as
The Case may be.
6. (1) In preceedings for an offence under regulation é against
an officer, or other person taking part or assisting in the management,
control, direction er administration, of a trade union or trade union
federation, or against an office-bearer of a society, any newspaper or
other publication containing a statement that the defendant is such an
1
!
officer, person or office-bearer, as the case may be, shall be admitted
in evidence without further proof on the production by the prosecution.
(2) Where a newspaper or other publication is so admitted in
evidence, such statement shall, mtil the contrary is proved, be
sufficient evidenes that the defendant is an officer, or other person
taking part or assisting in the management, control, direction er
administration, of the trade union or trade union federation or is
an office-bearer of the society, as the case may be.
kvidence of views expressed by trade union,
etc.
f
7. (1) In proceedings for an offence under regulation 4
against an officer, or other person taking part or assisting in the
management, control, direction or administration, of a trade union or
trade union federation, or against an office-bearer of a society, the
prosecution may in rebuttal tender a newspaper or other publication
containing any relevant material showing or tending to show what views
have been expressed by or on behalf of the trade union, trade union
federation or society in relation to any matter arising in such
proceedings.
(2) Where a newspaper or other publication is so tendered by
the prosecution, the court shall adnit the same in evidence without
further proof, and, unless the contrary is provided, it shall be
aufficient evidence that such views have been so expressed.
Povera police officers.
8. (1) Any police officer of or above the rank of inspector, with the
assistance of such other police officers as may be necesas
necessary
་
ро
may
(a) enter and search any building or place if he knows or has
reason to suspect that there is therein any evidence of the
comission of an offence under these regulations;
(1*.)
(b) stop, board and search any vessel or stop and search any
vehiclem if he knows or has reason to suspect that there is
therein any evidence of the commission of an offence under
these regulations; and
(e) seise, remove and detain any thing which is or contains of
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
these regulations.
(2) Any police officer may
(a) break open any outer or inner door of any building or place
that he is empowered by these regulations to enter and
search;
(b) remove by forse any person or thing obstructing any search,
seisure, removal or detention that he is empowered by these
regulations to makej
(e) detain any persen found in any building or place that he
is empowered by these regulations to search until the sans
has been searched; and
(d) detain any vessel or vehicle that he is empowered by these
regulations to search until the same has been searched.
Obstructien of police officers.
Any person who obetruete any pelice officer, or any police
officer assisting a police officer, in the exercise of any power
conferred on him by these regulations shall be guilty of an offence
and shall be liable on conviction to a fine of five thousand dollars
and to imprisonment for two years.
Temporary modification of Police Supervision Ordinance.
| (Cap. 224.)
10. During the continuance in force of these regulations, the
Police Supervision Ordinance shall apply as if, in addition to the other
offences specified therein, the First Schedule to that Ordinance
specified
an offence under regulation 3 or 4 of these relations.
Saving.
✓
11. Nothing in these regulations shall derogate from or in any
way restrict or affect any power conferred on any police officer by
er under any other law or the operation of any other law.
G
01
(Ca
C.
EMERGENCY PREVENTION OF INTIMIDATION) REGULATIONS.
PART II.
Interpretation. 1.
Complaint of intimidation,
In this Part -
"complainant" means any person who is a victim of intimidation
or who has knowledge of intimidation,
"intimidation" means any intimidation which amounts to an
offence under regulation 3 of the Energency (Prevention of Intimidation)
Regulations or the Criminal Intimidation Ordinance;
officers,
"investigating officer" means any of the following public
2. (1) Any person who is or has been the victim of intimidation
who can give any information concerning the same may make a complaint to
an investigating officer.
(2) The investigating officer shall thereupon explain to the
complainant the purpose of the regulations in this Part, that no
recommen-
dation may be made by him until he has satisfied himself by interviewing
not less than two complainants that intimidation has been taking place,
and that information given to him is required by these regulations to be
treated as confidential and not divulged save for the purpose of these
regulations.
Investigation of complaint.
3.
An investigating officer shall, with the assistance of such other public
officers as he may think fit, investigate any complaint made to him
under regulation 2 with a view to determining whether or not he ought to
recommend that a police supervision order be made under these
regulations
against any person:
Provided that he may, with the consent of the complainant, refer the
matter to another investigating officer,
Secrecy.
(IK:)
No investigating officer or other public officer shall divulge
to any person or to any court or magistrate any information, including
the name of any complainant, which comes to his knowledge as a result
of a complaint made to him or an investigation made by him under these
regulations.
ecommendation by investi-
gating officer.
5.
And
Where an investigating officer has carried out an investigation
under regulation 3 into two separate complaints, is satisfied that the
complaints are true and that a police supervision order should be made
against the person who is the subject of the complaints, he shall submit
a recommendation to the Governor setting out the grounds on which he
considers that such person should have a police supervision order made
against him in order to prevent him intimidating either a complainant or
some other person.
Governor may make police supervision order.
6. (1) Having considered any recommendation made under regulation 5,
the Governor may make a police supervision order for a period not
exceeding six months against any person whom he is satisfied has been
intimidating any other person,
(Cap. 224.)
(2) An order made under paragraph (1) shall be deemed for all
purposes to have been made under section 3 of the Police Supervision
Ordinance.
DESPATCH
XXXXX
Commonwealth Affairs
27th September, 1967.
(95) inGR.2/23012/46
Mr. Creech Jones' Circular Savingram of 18th July, 1946.
Amergency Legislation
In accordance with the request in the last paragraph of the savingram
under reference, I report below the position for the six months period
from 1st March 1967 to 31st August 1967.
2.
Ew
(a)
(a)
(b)
(e)
(a)
Defence Rezulations
No Defence Regulations were enacted or revoked during this period.
Emergency Regulations
New Regulations enacted
During this period the following were enacte: 1-
The Emergency (Courts) Regulations 1967 (L.N.79/67) which empower the
Chief Justice, a District Judge or a magistrate to exclude the public
from a court.
The Emergenov (Prevention of Inflammatory peaches) Regulations 1967
L.N.80/67) and the Raergency Prevention of Inflammator Posters)
Regulations 1967 (L.N.83/67), which enable Government, where necessary,
to take effective action against vocal and written incitements to
violence and law-breaking, attempts to spread disaffection and to
undermine the loyalty of the Police Fores and the Public Service, and to
stir up ill-will in the community.
The Emergency (Prevention of Intimidation) Regulations 1967 (LeX. 98/67)
which, by introdueing a much more comprehensive offence of intimidation
and a new offence of intimidating assembly, strengthen the law so sa to
enable Government to combat intimidation more effectively.
The Emergency (Closed Areas) Regulations 1967 (L.R.29/67) which empower
the Governor to declare any building or area to be a closed area in
order to protect the security of premises used in the provision of
essential services and thus to ensure the maintenance of such services
in the public interest.
:7
1
DESPATCH XXXXXX
for Commonwealth Affairs
XX
(*)
(r)
(8)
(m)
ཚུ
(1)
(1)
(11)
(111)
The Emergency (Closed Areas) (North Point Power Station) Order 1967
(L.N.100/67) the narrency (Closed Areas (Hok Yuan Tower ́tation) order
195 (CL.ki.101/67) and the Serrancy Closed Areas) (iong Kong Tramways
Kai ted
Depot Workshops and elfere Centre) Order 1967 (L.M.107/67), which
respectively declared the areas Lɛ which
The North Point Power Station of the Hong Kong Electric Company Limited
;
The Hok Yuen Power Station of the China Light and Power Company Limited;
and
the Tramways Depot and workshops and the Telfare Centre of the Hong Kong
Tramways Limited,
were situated to be cloned areas.
The Emergency (Public Tealth and Urban Services Örviinance) (Amendment)
Regulations 1967 (L.N.109/67), which amended reotion 124(1) of the
Public Health and Urban Services Ordinance to provide that the authority
any dispose of the human remains of my person if they are not removed
from a mortuary within forty-eight hours after a claim to possession
thereof has been made.
The Emergency (Committes or Revier) Rulos 1967 (L.N.119/67) which
established the administrative procedure necessary for the functioning
of Committees Review appointed to receive and make recommendations on
objections against detention orders unier regulation 31 of the mergency
(Principal) Regulations.
The Emergency (Frdnoipal) (¿menda:ut) Rezulations 1967 (L"M"131/67) and
the Emergency Erincina?) I(mendment)}) (No.29) Regulations 1967
(LH.10/67), which amended the Emergency (Erinsipal) Regulations in the
manner specified in sub-paragraph (2) below.
Four Emergency (Principel) Regulations (Comm: nomment) Orders which
brought into operation various regulations of the Emergency (Principal)
kegalstions details of a hich are specified in sub-paragraph (3) belove
DESPATCH
XXXXXXXX
Commonwealth Affairs
-3-
(2)
(a)
(b)
(a)
(a)
(•)
(f)
Anerdments
The Emergency (Principal) Regulations were amended by the Emergency
(Frincipal Amendment) Regulations 1967 (L.M.111/67) in the following
sonner -
Regulation 41 was revised to widen the powers of police officers to
enter premises to search for and seize ar:s, ammunition, explosives,
offensive weapons, corrosive substances, and anything which is intended
or adapted or which can be adapted for use for an unlawful purpose.
Regulations 87 and 88 were amended so as to extend their operation to
all offences under emergency regulations.
Regulations 118 and 119 were amended so that they extend not only to
arms, ammunition and explosives, but also to offensive weapons.
New regulations 100A and 1008 were added to provide for the use of force
in exercise of porers, the degree of force so used and and indemnity.
New regulations 119A, 119 and 119C erc nided to create three new
offences, namely -
(1) frequenting or being found in or l: nving preniens
containing arms, offensive weapon., etc;
(ii) Being found in or leaving premiacs to ich authorised
officers were denied socess; and
(iii) possession of corrosive substance.
(111)
Regulation 2 was amended by the insortion of new and revised definitions
of "corrosive substance", "explosive substance" and "offensive weapon".
The now regulations referred to in (d) and (●) above were brought into
operation on the day of their enactment,
The Emergency (Principal) Regulations were further amended by the
Imerrency (Principal). (Amendment) (No.2) Regulations 1967 (L.N.120/67.)
67
གཙགན
D
xxxxxx
Commonwealth Affairs.
XXXXX
Regulations 117 and 118 were amended so as to provide specifically that
the offences thereby created are indictable. A new regulation 136A was
alded which emporern District Juiges to impose sentances in excess of
five years (the limit) imposed by the District Court Ordinance) in the
case of offences against the Regulations.
The now regulation 136A was also brought into operation on the day of
its enactment.
(3)
No comments yet.
Private notes are available after approval.