PUBLIC ORDER ORDINANCE

PUBLIC ORDER ORDINANCE

CHAPTER 245.

PUBLIC ORDER.

To facilitate the maintenance of public order and safety.

[29th October, 1948.]

PART I

1. This Ordinance may be cited as the Public Order
Ordinance.

2. In this Ordinance-
'meeting' rneans a meeting held for the purpose of matters
of public interest or for the expression of views on such
matters ;
'private premises' means premises to which the public have
access (whether on payment or otherwise) only by per-
mission of the owner, occupier or lessee of the premises;
'public meeting' includes any meeting in a public place
and any meeting which the public or any section thereof
are permitted to attend, whether on payment or other-
wise;
'public place' means any highway, public park or garden,
any sea beach, and any public bridge, road, lane,
footway, square, court, alley or passage, whether a
thoroughfare or not; and includes any open space to
which, for the time being, the public have or are per-
mitted to have access? whether on payment or otherwise.

3. Any person who in any public place or at any public
meeting wears uniform signifying his association with any
political organization or with the promotion of any political
object shall be guilty of an offence: Provided that if the
Commissioner of Police is satisfied that the wearing of any
such uniform as aforesaid on any ceremonial anniversary
or other special occasion will not be likely to involve risk of
public disorder, he may permit the wearing of such uniform
on that occasion either absolutely or subject to such condi-
tions as he may specify.

4. (1) If the members or adherents of any association
of persons, whether registered or incorporated or not, are-





(a)organized or trained or equipped for the purpose of
enabling them to be employed in usurping the
functions of the police or the armed forces of the
Crown;
(b)organized and trained or organized and equipped
for the purpose of enabling them to be employed for
the use or display of physical force in promoting
any political object, or in such manner as to arouse
reasonable apprehension that they are organized and
either trained or equipped for that purpose;
then any person who takes part in the control or management
of the association or in organizing or training as aforesaid
any members or adherents thereof shall be guilty of an
offence.
(2) In any criminal proceeding under this section proof
of things done or of words spoken, written or published by
any person taking part in the control or management of an
association or in organizing, training or equipping members
or adherents of an association shall be admissible as evidence
of the purposes for which, or the manner in which, members
or adherents of the association (Whether those persons or
others) were organized, er trained, or equipped.
(3) If a magistrate is satisfied by an information on oath
that there is reasonable ground for suspecting that an offence
under this section has been committed, and that evidence of
the commission thereof is to be found at any premises or
place specified in the information, he may, upon an applica-
tion made by an officer not below the rank of sub-inspector,
grant a search warrant authorizing such officer as aforesaid
named in the warrant and any other police officers to enter
the premises or place at any time within fourteen days
of the warrant, if necessary by force, and to search the
premises or place and every person found therein, and to
seize anything found.on the premises or place or on any such
person which the officer has reasonable ground for suspecting
to be evidence of the commission of such an offence as afore-
said Provided that a woman shall be searched by a woman.

(i) Any person who at a lawful public meeting acts
in a disorderly manner for the purpose of preventing the
transaction of the business for which the meeting was called
together or incites others so to act shall be guilty of an
offence.





(2) If any police officer reasonably suspects any person
of committing an offence under this section, he may, if
requested so to do by the chairman of the meeting, require
that person to declare to him immediately his name and
address and if that person refuses or fails so to declare
his name and address or gives a false name and address
he shall be guilty of an offence and if the police officer
suspects him of giving a false name and address, the police
officer may arrest him without a warrant.

6. (1) Whenever any person accused of-
(a)rioting, assault or other breach of the peace or
abetting, the same;
(b)assembling armed men or taking other unlawful
measures with the intention of committing any such
offence as is specified in paragraph (a) ;
(c)committing criminal intimidation by threatening in-
jury to person or. property,
is convicted of such offence, and the court or magistrate
before which such person is convicted is of opinion that it is
necessary to require such person to execute a bond for keep-
ing the peace, such court or magistrate may, at the time of
passing sentence or in lieu of any sentence, order him to
execute a bond for a sum proportionate to his means with or
without sureties for keeping the peace during such period, in
each instance, as it thinks fit to fix, not exceeding two years.

(2) If the conviction is set aside on appeal or otherwise,
the bond so executed shall be null and void.

7. Whenever it appears to a magistrate receiving in-
formation that-
(a)any person is taking precautions to conceal his
presence in the Colony and there is reason to believe
such person is taking such precautions with a view
to committing an offence; or
(b)there is within the Colony a person who cannot give
a satisfactory account of himself; or
(c)there is within the Colony any person who within
or without the Colony either orally or in writing
disseminates or attempts to disseminate or in any
way abets the dissemination of any seditious mattet,
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 main-
tenance of law and order;
such magistrate may, in manner hereinafter provided, require
such person to show cause why he should not be ordered to
execute a bond with sureties for his good behaviour for a
period not exceeding two years.

8. (1) When a person is required to show cause under
sections 6 and 7, the magistrate shall make <in 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.
If the person is in court, the order shall be read over to him
and, if necessary, the substance explained. If he is not in
court, the magistrate shall bring him before it by summons
or by warrant as he deerns appropriate in the circumstances
of the case. Every summons or warrant issued shall be
accompanied by a copy of the order and such copy shall
be delivered by the officer executing the process.
(2) 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 practic-
able in the manner prescribed in summary cases, except that
no eh arge need be framed.
(3) If it is proved that it is necessary to keeping the
peace or maintaining good behaviour, as ihe case may be,
that the person named in the order should execute a bond
with or without sureties, the magistrate shall make an order
accordingly.
(4) If it is proved that it is not necessary to execute a
bond, the person named in the order shall be discharged from
the inquiry.
(5) The 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 an offence punishable with
imprisonment wherever it is committed.





(6) A magistrate may in his discretion refuse to accept
any particular person or persons offered as surety for good
behaviour.
(7) If any person ordered to give security does not give
such security on or before the date of the commencement of
such security, he shall be committed to prison until the ex-
piration of such terms as the magistrate may direct or until
lie 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.
(8) 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.
(9) 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 imprisonment accordingly.

PART II

9. (I) The Governor may be order require any person
within any area specified in the order to remain within doors
between such hours as may be specified in the order, and in
such a case, if any person is or remains out of doors within
that area between such hours without a permit in writing
issued by the Commissioner of Police or by some person duly
authorized by the Commissioner of Police to issue such per-
mits, he shall be guilty of an offence.
(2) Any police officer or member of His Majesty's forces
on duty may take such steps and use such force (including
the use of firearms) as may be necessary for securing com-
pliance with any order made under this section.

10. (I) The Governor may by order declare any area
or place to be a closed area and any person who, during any
period during which any such order is in force in relation to
any area or place, enters or leaves that area or place without
a permit in writing issued by the Commissioner of Police or
by some person duly authorized by the Commissioner of
Police to issue such permits shall be guilty of an offence.





(2) Any police officer or member of His Majesty's forces
on duty may take such steps and use such force (including
the use of firearms) as may appear to such person to be
necessary for securing compliance with any order made under
this section.

11. (I) The Governor may by order require that all
classes or certain classes of persons shall evacuate any place
or area with or without their goods and chattels and within
a limit of time and for a period specified in the order, and in
such a case any person so ordered to evacuate who is found
within the area after the time limit and within the period of
prohibition shall be guilty of an offence.

(2) Any police officer or member of His Majesty's forces
on duty may take such steps and use such force (including
the use of firearms) as may necessary to secure compliance
with any order made under this section.

12. (4) The Governor may by order prohibit the move-
ment or anchorage of any craft or the use of any waters in
the Colony by all or any class of vessel during such hours
and for such a period as may be specified in the order and if
any person shall contravene the order without the permission
in writing of the Commissioner of Police or an officer duly
authorized by him he shall be guilty of an offence.

(2) Any police officer or any member of His Majesty's
forces may take such steps (including the use of firearms)
as may be necessary to secure compliance with this order.

PART III

13. Any person who is guilty of an offence against this
Ordinance, or who fails to observe any condition imposed by
the Commissioner of Police under section 3, shall on sum-
mary conviction by a magistrate be liable to a fine of five
thousand dollars or to imprisonment for two years.
59 of 1948. Short title. Interpretation. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 9. Prohibition of uniforms in connexion with politicial objects. [cf. 1 Edw. 8 & 1 geo. 6, c. 6, s. 1.] Prohibition of quasi-military organizations. [s. 4 cont.] [cf. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 2.] Disorder at public meeting. 8 Edw. 7, c. 66, s. 1. [cf. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 6.] Security for keeping the peace on conviction. Criminal Procedure Code, Straits Settlements, s. 73. Security for good behaviour from suspected persons, etc., and from persons disseminating seditious matter or acting or about to act to the prejudice of law and order. [cf. Criminal Procedure Code, Straits Settlements, s. 76.] [s. 7 cont.] (Cap. 217.) Order to be made. Criminal Procedure Code, Straits Settlements, s. 78-s. 92. Curfew. Closed area. [s. 10 cont.] Power to Governor to order evacuation of any area or place. Power of Governor to prohibit the movement of craft. Penalty.

59 of 1948. Short title. Interpretation. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 9. Prohibition of uniforms in connexion with politicial objects. [cf. 1 Edw. 8 & 1 geo. 6, c. 6, s. 1.] Prohibition of quasi-military organizations. [s. 4 cont.] [cf. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 2.] Disorder at public meeting. 8 Edw. 7, c. 66, s. 1. [cf. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 6.] Security for keeping the peace on conviction. Criminal Procedure Code, Straits Settlements, s. 73. Security for good behaviour from suspected persons, etc., and from persons disseminating seditious matter or acting or about to act to the prejudice of law and order. [cf. Criminal Procedure Code, Straits Settlements, s. 76.] [s. 7 cont.] (Cap. 217.) Order to be made. Criminal Procedure Code, Straits Settlements, s. 78-s. 92. Curfew. Closed area. [s. 10 cont.] Power to Governor to order evacuation of any area or place. Power of Governor to prohibit the movement of craft. Penalty.

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