PROTECTED PLACES (SAFETY) ORDINANCE

PROTECTED PLACES (SAFETY) ORDINANCE

CHAPTER 260.

PROTECTED PLACES (SAFETY).

To make better provision, for the safety of places declared to
be protected places.
[9th December, 1946.]

1. This Ordinance may be cited as the Protected Places
(Safety) Ordinance.

2. In this Ordinance-
'authorized guard' means any person authorized by the
Governor to discharge duty as a guard or sentry in, at
or over a protected place;
'protected place' means any premises declared by an order
of the Governor made under this section to be a protected
place for the purposes of this Ordinance.

3. (1) It shall be lawful for the Governor by order to
authorize any person to act as an authorized guard.

(2) Such authority may be given in general terms to
any member of His Majesty's armed forces or to any class
of persons.

4. (1) It shall be the duty of an authorized guard-
(a) to protect and prevent the theft of or damage to any
property in or upon a protected place;
(b) so far as consistent with the proper discharge of any
other duty imposed upon him by this Ordinance to
arrest or assist in effecting the arrest of
(i) any person whorn he finds in, or in the
immediate vicinity of, a protected place and reason-
ably suspects of entering, or attempting, or intending
to enter such place without proper authority, or of
having acted illegally or otherwise without proper
authority within such place;
(ii) any person whorn he reasonably suspects of
having committed an offence against this Ordinance ;
(c)to coniply with an), direction given to him under
subsection (2) :
Provided that any person arrested by an authorized guard
shall be handed over to member of the police force as soon
as conveniently may be.





(2) It shall be lawful for the Governor and for any
person delegated in that behalf by the Governor to give
directions as to the manner in which authorized guards are
lo discharge the duties and exercise the powers imposed and
conferred upon them by this Ordinance.

5. Subject as hereinafter provided and to any contrary
direction under subsection (2) Of section 4, it shall be lawful
for an authorized guard in carrying out his duties under this
Ordinance to discharge firearms-
(a) at any person whom he reasonably believes to be
about to enter or leave a protected place and who
fails to halt when challenged;
(b)at any person whom he reasonably believes to be
in the act of breaking into a protected place;
(c)at any person whom he has reason to believe is or
has been stealing or is or has been committing any
offence punishable under the A4alicious Damage
Ordinance, in such protected place and who fails to
halt when challenged;
(d)at any person forming part of a group of three or
more persons engaged in throwing stones or other
articles at such authorized guard which he has reason
to believe may cause him grievous bodily harm.

6. Nothing in section 5 contained shall authorize an
authorized guard-
(a)to discharge firearms at any person if such person
can be apprehended or prevented from escaping by
any other lawful means consistent with the duties
of such authorized guard under this Ordinance;
(b)to discharge firearms with intent to cause greater
harm to any person than is reasonably necessary
for the discharge by such authorized guard of his
duties under this Ordinance.

7. Where any authorized guard has in the course of
duty discharged firearms he shall until the contrary is proved
be deemed to have been acting within the scope of the
authority conferred upon him by this Ordinance.





8. Any person who-
(a) fails to halt when challenged by an authorized
guard;
(b) resists or obtructs, or aids or incites any person to
resist or obstruct, an authorized guard in the dis-
charge of the duties imposed upon him by this
Ordinance or in exercise of the powers hereby
conferred ;
(c) is found in or loiters in the immediate vicinity of a
protected place and is unable when charged before
a magistrate to satisfy such magistrate that he was
there for a lawful purpose;
(d)being a person who is unauthorized to enter a
protected place fails to leave the immediate vicinity
thereof when requested to do so by an authorized
guard or a member of the police force;
shall be guilty of an offence and liable on summary conviction
to a fine of two hundred and fifty dollars and to imprison-
ment for six months.

9. (1) It shall be lawful for the Governor by proclama-
tion from time to time as he shall deem fit to declare the
suspension of the operation of this Ordinance with effect from
the date named in such proclamation and it shall be lawful
for the Legislative Council by resolution to declare that such
suspension shall terminate. Upon the termination of such
suspension this Ordinance and any order, authorization or
direction made or given under this Ordinance and in force at
the date of such suspension shall be and continue of full
force and effect.

(2) The suspension of the operation of this Ordinance
in manner provided by subsection (i) shall not affect the
validity of anything done or any proceedings commenced
under this Ordinance, or affect any liability or any penalty
incurred under this Ordinance, prior to the date of such
suspension.





(Subsidiary legislation under this Chapter, with sub-
sequent aniendments (if any) incorporated, is set out under
the following short titles-

Date. Short. Title. Page.

13th December, 1946. Protected Places (Authorized
Guards) Order, 1946 ...............129
27th January, 1950. Protected Places (Declara-
tion) Order, 1950 .................130)

Regulations made under Chapter 260, section 3.
[13th December, 1946.]

His Excellency the Governor has authorized the following to act
as authorized guards under the said Ordinance-

1. In respect of any protected place under the control of the
Senior Military Officer Commanding in command of His Majesty's
regular troops in the Colony-any member of His Majesty's Forces
or of the Royal Naval Dockyard Police or any watchman as may
from time to time be detailed to act as an authorized guard in
any such protected place by or under the authority of such Senior
Military Officer.

2. In respect of any protected place under the control of the
Commodore-any member of His Majesty's Forces or of the Royal
Naval Dockyard Police or any watchman as may from time to
time be detailed to act as an authorized guard in any such pro-
tected place by or under the authority of the Commodore or other
officer of His Majesty's Navy discharging the duties thereof.

3. In respect of any protected place under the control of
the Air Commodore-any member of His Majesty's Forces or of
the Royal Naval Dockyard Police or any watchman as may from
time to time be detailed to act as an authorized guard in any
such protected place by or under the authority of the Air Com-
modore. For the purposes of this paragraph the expression 'the
Air Commodore' shall include the Air Officer Commanding. And
in further exercise of the aforesaid powers His Excellency has
directed that nothing in the said authorization contained should
be deemed to authorize the detailing by any of the aforesaid officers
of any person under the command of another officer save with
the consent of such lastly-mentioned officer.

4. This order may be cited as the Protected Places (Authorized
Guards) Order, 1946.





PROTECTED PLACES ORDER.
Order made under Chapter 260, section 2.
[27th January, 1950.]

1. This order may be cited as the Protected Places Declara-
tion Order, 1950.

2. The places in the Schedule hereto are hereby declared lo
be Protected Places.

SCHEDULE.

(map references refer to map HIND 1009, 3rd edition)
Item. Location. Remarks.
1. H. M. Dockyard. Area bounded by Murray Road,
Queen's Road East and Arsenal
Street.
2. Kowloon Dockyard. Area bounded by Navy Street,
Canton Road and Jordan Road.
3. Stonecutters Island. Position 114' 07' -SE; 22' 19'
-3N.
4. Shouson Hill Magazines. 572943,
5. The Combined Services The military area bounded by
Headquarters area. Queen's Road Central, Garden
Road, awire fence joining
Garden Road to Kennedy Road,
Kennedy Road, and a wire fence
joining Kennedy Road to
Queen's Road Central.

6. Clearwater Bay Camp. 665045.
7. Administrative Area, 545049.
Shamshuipo.
8. Ordnance Depot, 548046.
Shamshuipo. Area bounded by
Kiu Kiang Street,
9. Detail Issue Depot, 547042. Apliu Street,
Shamshuipo. Tonkin Str., (sea)
and Un Chau
10. Engineer Stores Depot, Street.
Shamshuipo.
11. Forward Supply Depot,
Shamshuipo.
12. No. 1 Ordnance Vehicle 575045 surrounded by high wall
Park, Kowloon Tsai. and perimeter wire fence.





Item. Location. Remarks.
13. Kai Tak Airport, R.A.F. Thearea enclosed between the
following points and bounded by
the perimeter fence:
584037 (Sacred Hill) following the
Nullah to point 584042-follow-
ing the Sai Kong Road to its
intersectionwith Customs Pass
Road 600049-continuing along
the road towards Tai Wan Tsun
Village to 613036-thence along
the sea wall to point 584037.
14. Flying Boat & Marine The area enclosed between the sea
Craft Anchorage, R.A.F. wall which constitutes the south-
ern boundary of Kai Tak Air-
port, andpoints 584036 and
609035.

15. 367 Signals Unit. Tai Po Tsai 664057.
16. Command Workshops, 548044 Area bounded by Tai Nam
Shamshuipo. Street, Yen Chow Street, Cheung
Sha Wan Road, and a line
parallel to and 165 feet distant
from Yen Chow Street.

17. R.A.F. Signals Station, On summit of Taimoshan, 506142,
Taimoshan. bounded by perimeter fence.
18. R.A.F. Signals Station, 370178 bounded by perimeter fence.
Ping Shan.

19. Department of Civil North side of Saikung Road
Aviation hangar 598052.
Kai Tak.

20. No. 3 Ordnance Sub-Depot, 585995 surrounded by a perimeter
North Point Wharf. wire fence with the sea on one
side.
21. R.A.F. Explosive Area. 583056 N. W. of Kai Tak Airfield
bounded by a fence.
22. Green Island and Little Position: 22' 17' 10' North, 114'
Green Island. 06' 41' East.
16 of 1946. 53 of 1947. Short title. Interpretation. 53 of 1947, s. 2. Power for the Governor to authorize any person to act as an authorized guard. Duties of authorized guards. 53 of 1947, s. 3. Power for authorized guards to discharge firearms. (Cap. 211.) Limitation on power to discharge firearms. Onus of proof. Penalty. 53 of 1947, s. 4. Power to suspend operation of the Ordinance. Saving. 53 of 1947, s. 5. Notification G.N. 682/46. Places under control of Military. Places under control of Navy. Places under control of air force. Citation. Order G.N.A. 19/50. G.N.A. 45/50. Citation. Declaration of protected places. G.N.A. 45/50.

16 of 1946. 53 of 1947. Short title. Interpretation. 53 of 1947, s. 2. Power for the Governor to authorize any person to act as an authorized guard. Duties of authorized guards. 53 of 1947, s. 3. Power for authorized guards to discharge firearms. (Cap. 211.) Limitation on power to discharge firearms. Onus of proof. Penalty. 53 of 1947, s. 4. Power to suspend operation of the Ordinance. Saving. 53 of 1947, s. 5. Notification G.N. 682/46. Places under control of Military. Places under control of Navy. Places under control of air force. Citation. Order G.N.A. 19/50. G.N.A. 45/50. Citation. Declaration of protected places. G.N.A. 45/50.

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