PUBLIC ORDER ORDINANCE
Title
PUBLIC ORDER ORDINANCE
Description
LAWS OF HONG KONG
PUBLIC ORDER ORDINANCE
CHAPTER 245
CHAPTER 245
PUBLIC ORDER ORDINANCE
ARRANGEMENT OF SECTIONS
Section .................................. Page
PART 1
PRELIMINARY
1. Short title................................ ... ... ... ... ... ... 4
2. Interpretation ............................ ... ... ... . ... ... 4
PART 11
CONTROL OF
ORGANIZATIONS
3. Power to prohibit flags, etc . ... ... ... ... ... ... ... ... ... ... ... ... 5
4. Prohibition of uniforms in connection with political objects ... ... ... ... ... 6
5. Prohibition of quasi-military organizations ... ... ... ... ... 6
PART III
CONTROL OF MEETINGS, PROCESSIONS AND
GATHERINGS
6. General powers of Commissioner of Police ... ... ... ... ... ... ... ... 7
7. Regulation of public meetings ... ... ... ... ... ... ... ... ... ... ... 7
8. Notification of public meetings ... ... ... ... ... ... ... ... ... ... ... 8
9. Power of Commissioner of Police to prohibit notified public meeting ... ... ... 8
10. Designated public areas ... ... ... ... ... ... ... ... 9
11. General conditions applying to public meetings ... ... ... ... ... ... ... 9
12. Compliance with safety requirements for public meetings in private premises ... 10
13. Regulation of public processions ... ... ... ... ... ... ... ... ... ... ... 10
14. Cancellation and amendment of licence for public procession ... ... 11. ...
11
15. General condition of licence for public procession . ... ... ... ... ... ...
12
16. Appeals ... ... ... ... . ... ... ... ... ... ... ... ... ... ... 12
17. Police powers over meetings, processions and gatherings ... ... ... ... ... 12
.1 7A. Offences in relation to sections 6, 7, 8, 9, 11, 13, 14, 15 and 17 ... ... ... ...
13
17B. Disorder in public places ... ... ... ... ... ... ... ... ... ... 14
17C. Prohibition of offensive weapons at public meetings and processions ... ... ... is
17D. Power of Commissioner of Police to prohibit public gatherings ... ... ... ...
15
17E. Power of Governor in Council to prohibit public gatherings ... ... ... ... ...
16
17F. Proof ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... 16
17G. Supplemental ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 17
PART IV
UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR
OFFENCES
18. Unlawful assembly ... ... ... ... ... 1 . ... ... .. 1 ... ... ... ... 17
19. Riot ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 17
20. Rioters demolishing buildings, etc . ... ... ... ... ... ... is
21. Rioters damaging buildings, machinery, etc . ... ... ... ... ... ... ... ... 18
Section...................................... Page
22. Riotously preventing the sailing of ship, aircraft or train ... ... ... ... ... is
23. Forcible entry ............................ ... ... ... ... ... ... ... 18
24. Forcible detainer of premises ............. ... ... ... ... ... ... ... 18
25. Fighting in public .... ................ . ... ... ... ... ... ... ... . 19
26. Proposing violence at public gatherings ... ... ... ... ... ... ... 19
PART V
FALSE NEWS AND BOMB HOAXES
news . .......................... ... . . ... ... ... ...
28..........Bomb hoaxes ....................... ... ... ... ... ... ... ... ... ... 19
PART VI
CONTROL OF PLACES, VESSELS, OFFENSIVE
WEAPONS, ETC,
31............Curfew orders ................... ... ... ... ... ... ... ... ... ... 20
32.........................Carrying offensive weapons during curfew ... ... ... ... ... ... ... 22
33.........................Possession of offensive weapon in public place ... ... ... ... ... ... ... 22
34. Power of Governor to prohibit the movement of vessels or aircraft ... ... ... 24
35...................Detention of vessels and aircraft ... ... ... ... ... ... ... ... ... ... 24
PART VII
CLOSED AREAS
36..........Closed areas ................... ... ... ... ... ... ... ... ... ... 25
37.........................Permits to enter and leave closed area ... . ... ... ... 25
38. Prohibition on entering or leaving closed area without permit ... ... ... ... 26
38A..........................General permission to enter or leave closed area ... ... ... ... ... 26
39............Power of arrest ................. ... ... ... ... ... ... ... ... .. 27
PART VIII
SPECIAL
CONSTABLES
40. Power of Governor to authorize appointment of special constables . ... ... 28
41...................Power of special constable . ... ... ... ... ... ... ... ... ... ... 28
42.......................Special constable refusing to obey orders .. ... ... ... ... ... ... ... 28
PART IX
GENERAL
43. Security for good behaviour from suspected persons, etc. ... ... ... 1 ... 28
44............Order to be made ............... ... ... ... ... ... ... ... ... ... 28
45............Use of necessary force .......... ... ... ... ... ... ... ... ... ... ...
30
46. Restriction on use of force 30
47. Offences by societies, etc. . 30
48. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 30
49. Power to require identification ... ... ... ... ... ... 30
50. Powers of members of certain auxiliary services and Her Majesty's forces ... ... 31
50A. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31
Section Page
51. Power of Governor to give directions ... ... ... ... ... ... ... ... ... ... 32
52. Delegation of powers ... ... . ... .. ... ... ... ... ... ... 32
53.........................Indemnity to persons acting under Ordinance ... ... ... ... ... ... ... 32
CHAPTER 245
PUBLIC ORDER
To consolidate and amend the law relating to the maintenance of
public order, the control of organizations, meetings, places,
vessels and aircraft, unlawful assemblies and riots and matters
incidental thereto or connected therewith.
[17 November 1967.]
PART 1
PRELIMINARY
1. This Ordinance may be cited as the Public Order Ordinance.
2. In this Ordinance, unless the context otherwise requires-
'closed area' means any area or place declared to be a closed area by
order under section 36;
'designated public area' means an area designated as a designated
public area by the Governor under section 10; (Added, 67 of
1980,s.2)
'meeting' means any gathering or assembly of persons convened or
organized for the purpose of the discussion of issues or matters of
interest or concern to the general public or a section thereof, or for
the purpose of the expression of views on such issues or matters,
and includes any gathering or assembly of persons whether or not
previously convened or organized at which any person assumes or
attempts to assume control or leadership thereof for any such
purpose; but does not include any gathering or assembly of
persons convened or organized exclusively
(a)for social, recreational, cultural, academic, educational,
religious or charitable purposes, or as a conference or seminar
bona fide intended for the discussion of topics of a social,
recreational, cultural, academic, educational, religious,
charitable, professional, business or commercial character;
(b) for the purpose of a funeral;
(c) for the purposes of any public body; or
(d)for the purpose of carrying out any duty or exercising any
power imposed or conferred by any Ordinance; (Replaced, 67
of 1980, s. 2)
'offensive weapon' means any article made, or adapted for use, or
suitable, for causing injury to the person, or intended by the
person having it in his possession or under his control for such
use by him or by some other person;
'political organization' means any organization which has among its
objects any political object or pursues any political purpose;
'procession' means a procession organized as such for a common
purpose; (Added, 67 of 1980, s. 2)
'public gathering' means a public meeting, a public procession and any
other meeting, gathering or assembly of 10 or more persons in any
public place;
'public meeting' means any meeting held or to be held in a public place;
'public place' means any place to which for the time being the public or
any section of the public are entitled or permitted to have access,
whether on payment or otherwise, and, in relation to any meeting,
includes any place which is or will be, on the occasion and for the
purposes of such meeting, a public place;
'public procession' means any procession in, to or from a public place;
'society' means any club, company, partnership, association or body
of persons.
PART 11
CONTROL OF ORGANIZATIONS
3. (1) Any police officer of or above the rank of inspector may
(a)prohibit the display at a public gathering of any flag, banner
or other emblem;
(b)prohibit the owner, tenant, occupier or person in charge of
any premises or place, and the owner or person in charge of
any vehicle, tramcar, train or vessel from permitting the
display of any flag, banner or other emblem on or at the
premises, place, vehicle, tramcar, train or vessel,
if such police officer reasonably believes that the display of any flag,
banner or emblem is likely to cause or lead to a breach of the peace.
(Replaced, 31 of 1970, s. 3)
(2) Where a prohibition is issued under subsection (1), any police
officer may seize and detain any flag, banner or emblem, and may if
reasonably necessary
(a) enter any premises or place; and
(b) stop and board any vehicle, tramcar, train or vessel,
using such force as may be necessary for these purposes. (Replaced,
31 of 1970, s. 3)
(3) Any person who displays or permits the display of any flag,
banner or other emblem in contravention of any prohibition issued
under subsection (1) 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.
(4) No prosecution for an offence under this section shall be
instituted without the consent of the Attorney General.
4. (1) Any person who in any public place or at any public gathering
wears any uniform signifying his association with any political
organization or with the promotion of any political object shall be guilty
of an ofrence and shall be liable on summary
conviction to a fine of $5,000 and to imprisonment for 3 years.
(2) The Commissioner of Police may, if he 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, by order in writing permit the wearing of such uniform
on that occasion either absolutely or subject to such conditions as he
may specify in the order.
(3) Any person who contravenes any condition imposed by the
Commissioner of Police under subsection (2) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,000 and
to imprisonment for 12 months.
5. (1) If the members or adherents of any society are-
(a)organized or trained or equipped for the purpose of enabling
them to be employed in such a manner that such employment
usurps, may usurp, tends to usurp or appears to usurp the
functions of the police or the armed forces of the Crown; or
(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-
(i) any person who is a member or adherent of such society shall
be guilty of an offence and shall be liable on summary
conviction to a fine of $5,000 and to imprisonment for 3
years; and
(ii) any person who takes part in the control or management of
such society, or in organizing or training or equipping as
aforesaid any members or adherents of the society, shall be
guilty of an offence and shall be liable on conviction on
indictment to imprisonment for 10 years and on summary
conviction to a fine of $5,000 and to imprisonment for 5 years.
(2) In any criminal proceedings under this section, proof of things
done or of words spoken, written or published, whether or not in the
presence of a party to the proceedings, by any person taking part in the
control or management of a society or in organizing, training or
equipping members or adherents of a society shall be admissible as
evidence of the purposes for which, or the manner in which, members or
adherents of the society (whether those persons or others) were
organized or trained or equipped.
PART III
CONTROL OF MEETINGS, PROCESSIONS AND
GATHERINGS
6. The Commissioner of Police may, if it appears to him to be
necessary or expedient in the interests of public order so to do, in such
manner as he may think fit by order
(a)notwithstanding the issue of any permit under section 4(29) of
the Summary Offences Ordinance, control and direct the
extent to which music may be played, or to which music or
human speech or any other sound may be amplified,
broadcast, relayed, or otherwise reproduced by artificial
means, in--
(i) public places; or
(ii) places other than public places if such music, human
speech or sound is directed towards persons in public places;
(b)control and direct the conduct of all public gatherings and
specify the route by which, and the time at which, any public
procession may pass;
(c)for any of the purposes aforesaid, give or issue such orders
as he may consider necessary or expedient.
7. (1) Subject to this Ordinance, a public meeting may take place if,
but only if,
(a)the Commissioner of Police is notified under section 8 of the
intention to hold the meeting; and
(b)the holding of the meeting is not prohibited by the
Commissioner of Police under section 9.
(2) This section shall not apply to-
(a) a meeting of not more than 30 persons;
(b)a meeting in private premises (whether or not the public or
any section of the public are permitted to attend) if
(i) the capacity of the premises does not exceed 200
persons; and
(ii) the attendance at the meeting does not exceed 200
persons or, where the capacity of the premises is less than
200 persons, the capacity thereof,
(c)a meeting in any school registered or provisionally regis-
tered or exempted under the Education Ordinance, or in
any college registered under the Post Secondary Colleges
Ordinance, or in any educational establishment established
by any Ordinance, if-
(i) the meeting is organized or approved by an accred-
ited society or similar body of such school, college or
educational establishment; and
(ii) the meeting is held with the consent of the manage-
ment of such school, college or educational establishment
in accordance with the terms of that consent,
whether or not the public or any section of the public are
permitted to attend.
8. (1) For the purposes of section 7, notice of the intention
to hold a public meeting shall be given in writing to the Commis-
sioner of Police not less than 7 days (excluding Sundays and general
holidays) prior to the date on which the meeting is intended to be
held:
Provided that the Commissioner of Police may, if he thinks fit,
accept shorter notice in any particular case.
(2) Notice under subsection (1) shall be given by being deliv-
ered in person by the person giving it or any person on his behalf to
the officer in charge of a police station, and shall contain particulars
of the following matters-
(a)the name and address and telephone number of the person
organizing the meeting and any society or organization
promoting or connected with the holding of the meeting;
(b) the purpose and subject-matter of the meeting;
(c)the date, location, time of commencement and duration of
the meeting;
(d)the number and names of persons proposed as platform-
speakers for the meeting;
(e)the amplification devices, if any, intended to be used at the
meeting;
the nature, form and contents of advertisements, printed
matter, posters or banners intended for publication,
distribution or display in respect of the meeting.
9. (1) Subject to this section, the Commissioner of Police
may prohibit the holding of any public meeting notified under
section 8(1) on any of the following grounds-
(a) that the notice does not comply with section 8(2);
(b)that advertisements of the public meeting have been
published, distributed or displayed in contravention of
this Ordinance;
(e)that the holding of the public meeting is, in the opinion of
the Commissioner, likely to prejudice the maintenance of
public order or to be used for any unlawful purpose;
(d)that any person or society or organization connected or
associated with the holding or conduct of the public
meeting or, in the opinion of the Commissioner, likely
to be concerned in the holding, convening, organizing,
forming or conduct thereof, has been convicted of any
offence under this Ordinance.
(2) Notice of a prohibition under subsection (1) shall be
given-
(a)either orally or in writing, to the person or to one of
the persons (if more than one) promoting, directing,
organizing or managing the public meeting; or
(b)by publication, either orally or in writing, in such manner,
or by posting a notice thereof in such place, as the
Commissioner of Police may think fit.
(3) The power conferred by subsection (1) shall not be exer-
cised in respect of any public meeting notified under section 8 after
the expiration of 4 days (excluding Sundays and general holidays)
from the date on which the public meeting is so notified:
Provided that in the case of a public meeting in respect of which
less than 7 days' notice (excluding Sundays and general holidays) is
accepted under section 8(1), the power so conferred may be exercised
at any time not later than 24 hours prior to the date on which such
public meeting is intended to be held.
10. The Governor may by order designate any area as a
designated public area for the purposes of this Part.
11. (1) The Governor in Council may by order prescribe
general conditions in respect of the holding of public meetings,
including conditions relating to any of the following matters-
(a)the maintenance of good order and public safety at any
public meeting;
(b) the location, time and duration of any public meeting;
(e)the presentation of any stage performance or other
entertainment at any public meeting;
(d)the use of sound amplifiers or any amplified public-address
system or similar devices at any public meeting;
(e)the publication, distribution, display or use of any adver-
tisement, printed-matter, banner, poster, notice or other
device publicizing or otherwise relating to any public
meeting or the purpose or subject-matter thereof,
the collection of money or the sale of badges at any public
meeting;
(g)the dispersal of the persons attending any public meeting
at the conclusion thereof.
(2) Subject to subsection (1), the Commissioner of Police may
impose additional conditions in respect of any public meeting
notified under section 8 relating to the time at which such public
meeting may be held and, in the case of a public meeting intended to
be held in a place other than a designated public area, the conduct of
such public meeting; and notice of any condition so imposed shall be
given in writing to the person by whom such public meeting is so
notified or any other person concerned in the holding, convening,
organizing or forming thereof.
(3) References in this section to a public meeting shall not
include references to a meeting referred to in section 7(2).
12. In respect of any public meeting held in private premises, it
shall be the duty of the owner or occupier of the premises, and any
person who organizes or assists in the organization of the meeting,
to comply with any restriction or requirement imposed by or under
any Ordinance relating to the safety of persons or the prevention of
fire.
13. (1) Subject to this Ordinance, a public procession may
take place if, but only if,-
(a)the procession is authorized by a licence issued in writing
by the Commissioner of Police under this section; and
(b)any conditions imposed by the Commissioner of Police
under this section or by section 15 in respect of the
procession are complied with.
(2) This section shall not apply to-
(a)any public procession which is not a procession on a public
highway or thoroughfare or in a public park;
(b)any public procession consisting of not more than 20
persons;
(c)any public procession of a nature or description specified
by the Commissioner of Police by notice in the Gazette.
(3) Application for a licence under this section shall be made
to the Commissioner of Police not less than-
(a)in the case of a public procession held solely for the
purposes of a funeral at which the body is present, 24 hours
prior to the forming of the procession; and
(b)in any other case, 7 days prior to the date on which the
procession is intended to take place:
Provided that the Commissioner of Police may, if he
thinks fit in any particular case, accept an application which is
made less than 7 days prior to such date.
(4) The Commissioner of Police may issue a licence under this
section in respect of a public procession, in such form as he may
determine, if he is satisfied that the public procession is not likely to
prejudice the maintenance of public order or to be used for any unlawful
purpose.
(5) A licence issued under this section in respect of any public
procession shall be subject to such conditions relating to the forming,
conduct, route, times of passing and dispersal of the procession as the
Commissioner of Police may impose, and any condition so imposed shall
be attached to the licence prior to the issue thereof.
(6) The Commissioner of Police may refuse to issue a licence under
this section in respect of any public procession, except a public
procession solely for the purposes of a funeral, if-
(a)the applicant or any person or society associated directly or
indirectly with the application or likely in the opinion of the
Commissioner of Police to be concerned in the organizing,
convening, forming or conduct of the public procession has,
in relation to any public gathering, at any time contravened
the provisions of this Ordinance or any other law or any
condition of a licence issued under this Ordinance or any
other law; or
(b)the public procession has been advertised or otherwise
publicized prior to the determination of the application.
(7) References in this section to conditions imposed by the
Commissioner of Police include, unless the context otherwise requires,
references to such conditions as amended under section 14.
14. (1) The Commissioner of Police may at any time, if it appears to
him to be necessary or expedient in the interests of public order or for
preventing the carrying out of any unlawful purpose so to do-
(a) cancel any licence issued by him under section 13; or
(b) amend the conditions of any such licence.
(2) Notice of any such cancellation or amendment shall be given
(a) in writing to the licensee;
(b)in writing to any other person concerned in the organizing,
convening, forming or conduct of the public procession; or
(c)by publication in such manner, or by posting in such place, as
the Commissioner of Police may think fit.
15. It shall be a condition of every licence issued under section
13 that the licensee shall be present at the public procession from the
first assembly thereof to the final dispersal thereof, unless he is
prevented from being so present by reason of illness or other
unavoidable cause, and shall forthwith comply with any directions
which may be given to him by any police officer for ensuring the due
performance of and compliance with the conditions of the licence
and the maintenance of public order throughout the period of
assembly, conduct and dispersal of the public procession.
16. Any person aggrieved by a prohibition under section 9, or
whose application for a licence under section 13 is refused, or whose
licence is cancelled or amended under section 14, may appeal in
writing to the Governor against such order or refusal or cancellation
or amendment and the Governor may on any such appeal confirm,
reverse or vary the decision appealed against.
17. (1) Any police officer may prevent the holding of, stop or
disperse-
(a)any public meeting which takes place in contravention of
section 7 or in regard to which any condition prescribed or
imposed under section 11 is being or has been contravened;
(b)any public procession which takes place in contravention
of section 13 or in regard to which any condition imposed
by or under section 13, 14 or 15 is being or has been
contravened.
(2) Any police officer of or above the rank of inspector may-
(a)prevent the holding of, stop, disperse or vary the place
or route of any public gathering, other than a public
gathering exclusively for religious purposes, whether or
not the public gathering is one to which section 7 or 13
applies; or
(b)stop or disperse any public gathering exclusively for
religious purpose or any meeting convened or held in
any premises or place which is not a public place or any
gathering or procession whatsoever or wheresoever,
if he reasonably believes that the same is likely to cause or lead to a
breach of the peace.
(3) For the purpose of exercising the powers conferred by
subsections (1) and (2), respectively, a police officer and a police
officer of or above the rank of inspector may give or issue such
orders as he may consider necessary or expedient, and such police
officer and any other police officer may-
(a)use such force as may be reasonably necessary to prevent
the holding of, stop or disperse, as the case may be, the
public meeting, public procession, public gathering or
other meeting, gathering or procession; and
(b)enter any premises or place whatsoever in which any meeting
is taking place or any persons are gathered.
(4) If a police officer of or above the rank of inspector has reason to
believe that a public meeting or public procession is likely to take place
or form in any public place in contravention of section 7 or 13, he may
cause access to that public place and to any other public place adjacent
thereto to be barred and to be closed to the public or to any person or
class of persons for such time as may be necessary to prevent the public
meeting or public procession taking place.
(5) The closure of any public place under subsection (4) shall be
notified by means of notices exhibited, or physical barriers erected, at
the places of access thereto, or by oral public announcement in the
vicinity thereof, or in such other manner as the police officer aforesaid
may think fit.
(6) Any police officer may use such force as may be reasonably
necessary to prevent any person from entering or remaining in any
public place to which access has been closed to him under this section.
17A. (1) Any person who
(a)refuses or wilfully neglects to obey any order given or issued
under section 6 or 17(3); or
(b)knowingly contravenes or suffers or permits any person so to
contravene any condition prescribed or imposed by or under
section 11, 13, 14 or 15 in respect of any public meeting or
public procession; or
(c)without the permission of any police officer on duty there,
knowingly enters or remains in a public place to which access
has been closed to him under section 17(4); or
(d)publishes, distributes, displays, prints or circulates any
advertisement, printed matter, banner, poster, notice or other
device publicizing, or in any other manner advertises or
publicizes, a public meeting (other than a meeting referred to
in section 7(2)) which has not been notified under section 8 or
is prohibited under section 9 or a public procession (other
than a public procession referred to in section 13(2)) which is
not licensed under section 13,
shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000 and to imprisonment for 12 months.
(2) Where-
(a)any public meeting or public procession takes place in
contravention of section 7 or 13;
(b)3 or more persons taking part in or forming part of a public
gathering refuse or wilfully neglect to obey an order given or
issued under section 6; or
(c)3 or more persons taking part in or forming part of a public
meeting, public procession or public gathering, or other
meeting, procession or gathering of persons refuse or wilfully
neglect to obey an order given or issued under section 17(3),
the public meeting, public procession or public gathering, or other
meeting, procession or gathering of persons, as the case may be, shall
be an unauthorized assembly.
(3) Where any public meeting, public procession or public
gathering, or other meeting, procession or gathering of persons, is an
unauthorized assembly by virtue of subsection (2)
(a)every person who, without lawful authority or reasonable
excuse, knowingly takes or continues to take part in or forms
or continues to form part of any such unauthorized assembly;
and
(b) every person who-
(i) holds, convenes, organizes, forms or collects, or assists
or is concerned in the holding, convening, organizing, forming
or collecting of, any public meeting or public procession
referred to in subsection (2)(a); or
(ii) continues or attempts to continue to hold or conduct, or
to direct otherwise than for the purpose of securing obedience
to an order given or issued under section 6 or 17(3), any public
gathering such as is referred to in subsection (2)(b), or any
public meeting, public procession or public gathering, or other
meeting, procession or gathering of persons, referred to in
subsection (2)(c),
after the same has become an unauthorized assembly as
aforesaid,
shall be guilty of an offence and shall be liable---
(i)on conviction on indictment, to imprisonment for 5 years; and
(ii)on summary conviction, to a fine of $5,000 and to
imprisonment for 3 years.
(4) Where in any prosecution for an offence under subsection
(1)(b) or (c) or subsection (3)(a) it is alleged that the person charged
with the offence did or omitted to do any act knowingly, his state of
mind as so alleged shall in the absence of proof to the contrary be
presumed.
17B. (1) Any person who at any public gathering acts in a
disorderly manner for the purpose of preventing the transaction of the
business for which the public gathering was called together or incites
others so to act shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 12 months.
(2) Any person who in any public place behaves in a noisy or
disorderly manner, or uses, or distributes or displays any writing
containing, threatening, abusive or insulting words, with intent to
provoke a breach of the peace, or whereby a breach of the peace is
likely to be caused, shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 12 months.
17C. (1) Any person who, while present at any public meet-
ing or on the occasion of any public procession, has with him any
offensive weapon, without lawful authority or reasonable excuse,
shall be guilty of an offence and shall be liable on conviction to a
fine of $5,000 and to imprisonment for 2 years.
(2) For the purposes of this section, a person shall not be
deemed to be acting in pursuance of lawful authority unless he is on
duty as-
(a) a police officer;
(b)a member of the Royal 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 section 16(1) or (2) of the Royal Hong Kong
Auxiliary Police Force Ordinance;
(c) a member of the Fire Services Department;
(d) a public officer;
(e) a member of Her Majesty's forces;
an officer or member of the Royal Hong Kong Regiment
when on active service under the Royal Hong Kong
Regiment Ordinance;
(g)an officer or member of the Royal Hong Kong Auxiliary
Air Force when on active service under the Royal Hong
Kong Auxiliary Air Force Ordinance; or
(h)an officer of the Independent Commission Against Cor-
ruption established under the Independent Commission
Against Corruption Ordinance.
(3) Where any person is convicted of an offence under subsec-
tion (1), the court may make an order for the forfeiture of any
offensive weapon in respect of which the offence was committed.
17D. (1) The Commissioner of Police may, if it appears to
him to be necessary or expedient in the interests of public order so to
do, prohibit the holding or continuance of a public gathering in any
area, premises or place or on any particular day.
(2) Notice of a prohibition under subsection (1) shall be
given-
(a)either orally or in writing, to the person or to one of
the persons (if more than one) promoting, directing,
organizing or managing the public gathering; or
(b)by publication, either orally or in writing, in such manner, or
by posting a notice thereof in such place, as the
Commissioner of Police may think fit.
(3) Any person who, after notice of a prohibition under subsection
(1) has been given, takes part in the promotion, direction, organization
or management of a public gathering which is held or continued in
contravention of a prohibition under subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 3 years.
(4) Any police officer may give or issue such orders and use such
force as may be reasonably necessary to prevent the holding or
continuance of a public gathering the holding or continuance of which
has been prohibited under subsection (1) and to disperse any gathering
of persons thereat.
(5) Any person who refuses or wilfully neglects to obey any order
given or issued under subsection (4) shall be guilty of an offence and
shall be liable on conviction to a fine of $5,000 and to imprisonment for
12 months.
17E. (1) The Governor in Council may, if he is satisfied that, by
reason of particular circumstances existing in Hong Kong or in any part
thereof, it is necessary for the prevention of serious public disorder to
prohibit the holding of public gatherings in Hong Kong or any part
thereof, prohibit the holding in Hong Kong or any part thereof of all
public gatherings, or of any class of public gatherings, for such period
not exceeding 3 months as may be specified.
(2) Any person who-
(a)takes part in the promotion, direction, organization or
management of a public gathering which is held or intended to
be held in contravention of a prohibition under this section, or
(b)takes part in or attends, or incites any other person to take
part in or attend, any such public gathering,
shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000 and to imprisonment for 3 years.
17F. A certificate purporting to be under the hand of the
Commissioner of Police specifying
(a)the terms and date of any order given under section 6 or
prohibition under section 9;
(b) any conditions imposed under section 11 (2);
(c)the terms, date and conditions of any licence issued under
section 13;
(d)the terms, date and the manner of service of any notice given
under section 14(2);
(e)the terms, date and method of giving notice of any prohibition
made or order given or issued under section 17D(1) or (4),
shall be prima facie evidence of such matter contained in such certificate
in all legal proceedings.
17G. This Part shall be construed as being in addition to and not in
derogation of the provisions of any Ordinance, and nothing in this Part
relating to any matter shall affect the liability of any person to comply
with any provision of any Ordinance in respect of the same matter.
(Part III replaced, 67 of 1980, s. 3)
PART IV
UNLAWFUL ASSEMBLIES, RIOTS AND SIMILAR
OFFENCES
18. (1) When 3 or more persons, assembled together, conduct
themselves in a disorderly, intimidating, insulting or provocative 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
conduct provoke other persons to commit a breach of the peace, they are
an unlawful assembly. (Amended, 31 of 1970, s. 11)
(2) It is immaterial that the original assembly was lawful if being
assembled, they conduct themselves in such a manner as aforesaid.
(3) Any person who takes part in an assembly which is an unlawful
assembly by virtue of subsection (1) shall be guilty of the offence of
unlawful assembly and shall be liable- (Amended, 31 of 1970, s. 11)
(a)on conviction on indictment, to imprisonment for 5 years; and
(b)on summary conviction, to a fine of $5,000 and to
imprisonment for 3 years.
19. (1) When any person taking part in an assembly which is an
unlawful assembly by virtue of section 18(1) commits a breach of the
peace, the assembly is a riot and the persons assembled are riotously
assembled. (Amended, 31 of 1970, s. 12)
(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 10 years; and
(b)on summary conviction, to a fine of $5,000 and to
imprisonment for 5 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, machinery or
structure shall be guilty of an offence and shall be liable-
(a)on conviction on indictment, to imprisonment for 14 years;
and
(b) on summary conviction, to imprisonment for 5 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 10 years;
and
(b) on summary conviction, to imprisonment for 5 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 movement, 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, shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000 and to imprisonment for 3 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 $5,000 and to
imprisonment for 2 years.
(2) Nothing in this section shall make it an offence for a
person to enter upon his own premises if they are in his possession or
in the custody of his servant or agent. (Replaced, 31 of 1970, s. 13)
24. Any person who, being in unlawful possession of premises,
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 $5,000 and to imprisonment for 2 years.
25. Any person who takes part in an unlawful fight in a public place
shall be guilty of an offence and shall be liable on summary conviction
to a fine of $5,000 and to imprisonment for 12 months.
(Amended, 31 of 1970, s. 14)
26. Any person who, without lawful authority, at any public
gathering makes any statement, or behaves in a manner, which is
intended or which he knows or ought to know is likely to incite or
induce any person- (Amended, 31 of 1970, s. 15)
(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 5 years; and
(ii)on summary conviction to a fine of $5,000 and to imprisonment
for 2 years.
PART V
FALSE NEWS AND BOMB HOAXES
27. (1) Any person son who publishes false news which is likely to
T.
cause alarm a section thereof or disturb public order
shall be guilt of an offence and shall be liable-
(a)on onviction on indictment, to a fine of $100,000 and to
imprisonment for 2 years; and
(b)on summary conviction, to a fine of $30,000 and to
imprisonment for 6 months.
(2) It hall be a defence to a charge under subsection (1) for the
person charged to prove that he had reasonable grounds for believing that
the news to which the charge relates was true.
(3) No prosecution for an offence under this section shall be
commence without the consent of the Attorney General.
28. (1) Any person who-
(a) places any article or substance in any place whatever; or
(b)dispatches any article or substance by post, rail, sea, air or any
other means whatever of sending things from one place to
another,
with the intention of inducing some other person to believe that it is
likely to explode or ignite and thereby cause personal injury or
damage to property shall be guilty of an offence.
(2) Any person who communicates any information which he
knows or believes to be false to another person with the intention of
inducing him or any other person to believe that a bomb or other
article, substance or thing liable to explode or ignite is present in any
place or location whatever shall be guilty of an offence.
(3) For a person to be guilty of an offence under subsection (1)
or (2) it shall not be necessary for him to have any particular person
in mind as the person in whom he intends to induce the belief
mentioned in those subsections.
(4) Any person guilty of an offence under this section shall be
liable-
(a)on summary conviction, to a fine of $50,000 and to
imprisonment for 3 years; and
(b)on conviction on indictment, to a fine of $150,000 and to
imprisonment for 5 years.
(Part V replaced, 16 of 1987, s. 2)
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 (hereinafter
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).
(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.
(c)Upon cancellation of a permit under paragraph (b), the
Commissioner of Police 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. 20)
(2A) The Commissioner of Police may delegate to any public
officer or the person for the time being holding any office designated
by him to exercise the powers conferred by subsection (2); and the
reference in subsection (1) to a permit issued by the Commissioner of
Police shall be construed accordingly. (Added, 67 of 1980, s. 5)
(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
(e)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 conviction
to a fine of $5,000 and to imprisonment for 2 years.
(6) The following persons shall, notwithstanding the provisions of
this section, not be subject to or obliged to comply with any of the
provisions of a curfew order when on duty or proceeding to or from
duly
(a) a police officer;
(b)a member of the Royal 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 section
16(1) or (2) of the Royal Hong Kong Auxiliary Police Force
Ordinance; (Amended, 29 of 1969, s.2)
(c) a member of the Fire Services Department;
(d)a member of the Correctional Services Department; (Amended,
L.N. 30182)
(e)a member of the Customs and Excise Service; (Amended, 46 of
1977, s. 18)
(f) a member of Her Majesty's forces;
(g)an officer or member of the Royal Hong Kong Regiment when
on active service under the Royal Hong Kong Regiment
Ordinance; (Replaced, 98 of 1970, Schedule)
(h)an officer or member of the Royal Hong Kong Auxiliary Air
Force when on active service under the Royal Hong Kong
Auxiliary Air Force Ordinance; (Added, 98 of 1970, Schedule)
(i)any person in possession of a valid warrant signed by the
Secretary for Security and certifying that such person is
engaged on essential duties; (Amended, 24 of 1972, s. 4 and L.N.
147/77)
(j)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;
(k)a member of the Essential Services Corps in possession of an
identity card issued under the Essential Services Corps
(Identity Cards) Regulations; (Added, 24 of 1972, s. 4)
(1)a member of the Immigration Service; and (Added, 24 of
1972,s.4)
(m)an employee of the Ministry of Defence in possession of a
valid Army Department Pass. (Added, 24 of 1972, s. 4)
(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 or reasonable
excuse, 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 $5,000 and to
imprisonment for 3 years. (Amended, 31 of 1970, s. 21)
(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 subsection
(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 reasonable
excuse, has with him in any public place any offensive weapon shall be
guilty of an offence and shall be sentenced, on summary conviction or
conviction on indictment, in the manner specified in
subsection (2).(Amended, 27 of 1978, s. 2)
(2) A person convicted of an offence under subsection (1) shall
(a)if under the age of 14 years, be dealt with in accordance with
the provisions of the Juvenile Offenders Ordinance;
(b)if he is not less than 14 years of age and has not attained 17
years of age, be sentenced
to imprisonment for not less than 6 months nor more 3 years
(ii) to a detention order Under the provisions of the
Detention Centres Ordinance; but subject to the provisions of
that Ordinance;
(iii) to be caned, in accordance with the provisions of the
Corporal Punishment Ordinance; or
(iv) subject to the provisions of the Training Centres
Ordinance, to detention in a training centre under that
Ordinance; (Replaced, 27 of 1978, s. 2)
(c)if he is not less than 17 years of age and has not attained 25
years of age, be sentenced--
(i) to imprisonment for not less than 6 months nor more than
3 years;
(ii) to a detention order under the provisions of the
Detention Centres Ordinance, but subject to the provisions of
that Ordinance; or
(iii) to be caned, in accordance with the provisions of the
Corporal Punishment Ordinance;
(d) if of the age of 25 years or more, be sentenced-
i) to imprisonment for not less than 6 months nor more than
3 years; or
(ii) be caned, in accordance with the provisions of the Corporal
Punishment Ordinance. (Amended, 67 of 1980, s. 6)
(2A) Notwithstanding subsection (2), the court may, in rela-
tion to a person convicted of an offence under this section, exercise
the powers conlorred by section 45 of the Mental Health Ordinance
and for the purposes of that section an offence under this section is
for the avoidance of doubt declared not to be an offence for which
the sentenge is fixed by law. (Added, 27 of 1978, s. 2)
(3) Where any person, other than a person under the age of 14
years, is charged with an offence under this section, it shall not be open
to the court to exercise either the powers conferred by sec-
tion 36 of the Magistrates Ordinance or the powers conferred by section
3 of the Probation of Offenders Ordinance.
(4) Where a person who is not less than 14 years of age and under
16 years of age is convicted of an offence under this section, section
11(2) of the Juvenile Offenders Ordinance shall not apply in relation to
such person.
(5) No prosecution for an offence under this section shall be
instituted without the consent of the Attorney General, but this
subsection shall not prevent the arrest, or the issue of a warrant for
the arrest, of a person for any such offence, or the remand in custody
or on bail of a person charged with any such offence.
(6) Any police officer may stop and search any person in a
public place in order to ascertain whether or not that person has
been guilty of an offence against this section.
(7) Where a 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.
(8) In this section 'public place' includes a common part of
any premises notwithstanding that the public or a section of the
public are not entitled or permitted to have access to such common
part or such premises. (Added, 20 of 1975, s. 2)
(Replaced, 45 of 1973, s. 2)
34. (1) The Governor may, if he is satisfied that it is necessary
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 $5,000
and to imprisonment for 2 years.
(3) 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
(e)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.
PART VII
CLOSED AREAS
36. (1) The Governor may by order declare any area or place to be a
closed area.
(2) An order made under subsection (1) shall 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 and shall be
published in the Gazette as soon as may be reasonably practicable after
the making thereof.
(3) The Commissioner of Police and such other person as may be
authorized in any order made under subsection (1) may cause a closed
area to be closed by the erection of barriers or otherwise.
(Replaced, 31 of 1970, s. 22)
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 closed area, other than a closed area referred
to in subsection (1), a permit may he issued
(a) by the Commissioner of Police; or
(b)by such authority or person as may be specified for that
purpose by the Governor in any order made under section 36,
to any person allowing that person to enter or leave the closed area.
(Replaced, 31 of 1970, s. 23)
(2A) The Commissioner of Police may delegate to any public officer
or the person for the time being holding any office designated by him to
exercise the power to issue a permit conferred by subsection (2)(a); and
the reference in subsection (3) to a permit
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(I), 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
to enter or leave the closed area during such times and subject to such
exceptions, conditions or restrictions as are specified in the notice.
(2) Notwithstanding anything in subsection (1), the Commissioner
of Police or any person authorized by him in writing in that behalf may,
by notice in writing served upon any person either personally or by
registered post, except that person from the application to him of a
notice under subsection (1).
(Added, 33 of 1983, s. 3)
39. (1) Without prejudice to the provisions of this Ordinance or of
any other law, any member of Her Majesty's forces, or any guard, may
arrest
(a)any person whom he finds in a closed area if he has reason to
suspect that such person has committed or is about to commit
any offence;
(b)any person whom he finds committing any offence in a closed
area;
(c)any person whom he finds attempting to enter a closed area if
he has reason to suspect that such person is not permitted or
authorized under this Part to so enter, (Replaced, 33 of 1983, s.
3)
and may use such force as may be necessary for the purpose.
(Replaced, 31 of 1970, s. 24)
(2) Any person arrested under subsection (1) shall be delivered
into the custody of a police officer as soon as practicable.
(3) Any police officer of or above the rank of inspector, with the
assistance of such other police officers as may be necessary, may
(a)detain any person who is in a closed area without permission
or authority for such time as may be necessary to ensure his
orderly removal therefrom; and
(b)remove therefrom any person who is in a closed area without
permission or authority. (Added, 31 of 1970, s.24)
(4) In this section, 'guard' means-
(a) any member of the Essential Services Corps;
(b)any person appointed to guard a closed area by the Governor
or the Commander British Forces; and
(c)any person appointed to guard a closed area by such authority
or person as may be specified for that purpose by the Governor
in any order made under section 36. (Added, 31 of 1970, s. 24)
PART VIII
SPECIAL CONSTABLES
40. The Governor may at any time by order authorize the
Commissioner of Police to appoint in writing 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.
(Amended, 31 of 1970, s. 25)
41. (1) A person appointed as a special constable shall, when
acting as such, have the same duties, powers, protection 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 section 41(2) shall be
guilty of an offence and shall be liable on summary conviction to a
fine of $1,000 and to imprisonment for 2 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 sec-
tion 10 of the Crimes 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,
the magistrate may, in accordance with section 44, 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
2 years.
44. (1) When a person is required to show cause under
section 43, the magistrate shall set forth in writing the order
proposed to be made (hereinafter in subsections (2), (4), (6) and (7)
referred to as the proposed order) in which shall be stated-
(a) the substance of the information received;
(b) the amount of the bond to be executed;
(c) the date of commencement and expiry of bond;
(d)the number, character and class of sureties, if any, required.
(Replaced, 31 of 1970, s. 26)
(2) If a person required to show cause under section 43 is present
in court, the proposed order shall be read over to him, and, if necessary,
the substance of it explained. (Amended, 31 of 1970, s. 26)
(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 circumstances of the case.
(4) A summons or warrant issued under subsection (3) shall be
accompanied by a copy of the proposed order and such copy shall be
delivered by the officer executing the process. (Amended, 31 of 1970, s. 26)
(5) When a person appears or is brought before a court in
accordance with subsection (3), 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. (Amended, 31 of
1970, s. 26)
(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 proposed order should execute a bond with or
without sureties, he shall make an order accordingly. (Amended, 31 of
1970, s. 26)
(7) If the magistrate is satisfied that it is not necessary to execute a
bond, the person named in the proposed order shall be discharged from
the inquiry. (Amended, 31 of 1970, s. 26)
(8) A bond executed under this section 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. (Amended, 31 of 1970, s. 26)
(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 ot before the date of the commencement of such security, 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 imprisonment in
accordance with subsection (10). (Amended, 31 of 1970, s. 26)
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 reasonably
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 act or omission
on his part, he was not aware that the ofrence was being or was
intended or about to be committed, or that he took all reasonable
steps to prevent its commission.
48. [Repealed, 5 of 1971, s. 13]
49. A member of Her Majesty's forces acting in the course of
his duty and a police officer, for the purpose of preventing or
detecting any offence, may require any person to give his correct
name and address and produce any paper in his possession by which
he can be identified, and any person who fails to comply with any
such requirement shall be guilty of an offence and shall be liable
on summary conviction to a fine of $1,000 and to imprisonment for
6 months.
(Replaced, 31 of 1970, s. 27)
50. (1) Without prejudice to the provisions of this Ordinance or of
any other law, a member of the Royal 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 section 16(1) or (2) of the Royal 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. (Amended, 29 of
1969, s. 2)
(2)(a) An officer or member of the Royal Hong Kong Regiment
on duty, or while proceeding to or from duty, when on active
service under the Royal Hong Kong Regiment Ordinance or
an officer or member of the Royal Hong Kong Auxiliary Air
Force on duty, or while proceeding to or from duty, when on
active service under the Royal Hong Kong Auxiliary Air 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, an officer or member of the
Royal Hong Kong Regiment on duty, or while proceeding to
or from duty, when on active service under the Royal Hong
Kong Regiment Ordinance or an officer or member of the
Royal Hong Kong Auxiliary Air Force on duty, or while
proceeding to or from duty, when on active service under the
Royal Hong Kong Auxiliary Air 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. (Replaced, 98 of 1970, Schedule)
(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 section 17(2), (3)
and (4) on a police officer of or above the rank of inspector. (Amended,
31 of 1970, s. 28 and 67 of 1980, s. 8)
(5) A certificate purporting to be signed by the Chief Secretary and
stating that a member of Her Majesty's forces was, at the time specified
therein, acting in aid of the civil power shall be conclusive evidence
thereof in all proceedings and for all purposes.
50A. Any person who obstructs--
(a) any member of Her Majesty's forces;
(b)any officer or member of the Royal Hong Kong Regiment or the
Royal Hong Kong Auxiliary Air Force; or (Replaced, 98 of
1970, Schedule)
(c) any other person,
exercising any powers or performing any duties conferred or imposed on
him by this Ordinance or by any orders, directions, requirements or
notices made thereunder shall be guilty of an offence and shall be liable
on summary conviction to a fine of $1,000 and to imprisonment for 6
months.
(Added, 31 of 1970, s. 29)
51. (1) The Governor may give such directions as he thinks fit with
respect to the exercise or performance by the Commissioner 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, 9, 11, 13 or
14; and (Amended, 67 of 1980, s. 9)
(b)delegate to any police officer of the rank of superintendent or
above any of the powers conferred on him by any other
provision of this Ordinance.
(Amended, 33 of 1983, s. 5)
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 Regiment or the Royal Hong Kong Auxiliary Air Force or a
member of the Royal 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.
(Amended, 29 of 1969, s. 2 and 98 of 1970, Schedule)
Originally 64 of 1967. 29 of 1969. 31 of 190. 98 of 1970. 5 of 1971. 24 of 1972. 75 of 1972. 45 of 1973. 20 of 1975. 46 of 1977. L.N. 147/77. 27 of 1978. 67 of 1980. L.N. 30/82. 33 of 1983. 16 of 1987. Short title. Interpretation. Power to prohibit flags, etc. Prohibition of uniforms in connection with political objects. Prohibition of quasi-military organizations. General powers of Commissioner of Police. (Cap. 228.) Regulation of public meetings. (Cap. 279.) (Cap. 320.) Notification of public meetings. Power of Commissioner of Police to prohibit notified public meeting. Designated public areas. General conditions applying to public meetings. Compliance with safety requirements for public meetings in private premises. Regulation of public processions. Cancellation and amendment of licence for public procession. General condition of licence for public procession. Appeals. Police powers over meetings, processions and gatherings. Offences in relation to sectons 6, 7, 8, 9, 11, 13, 14, 15 and 17. Disorder in public places. Prohibition of offensive wapons at public meetings and processions. (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 204.) Power of Commissioner of Police to prohibit public gatherings. Power of Governor in council to prohibit public gatherings. Proof. Supplemental. Unlawful assembly. Riot. Rioters demolishing buildings, etc. Rioters damaging buildings, machinery, etc. Riotously preventing the sailing of ship, aircraft or train. Forcible entry. Forcible detainer of premises. Fighting in public. Proposing violence at public gatherings. False news. Bomb hoaxes. 1977 c. 45, s. 51. Curfew orders. (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. Leg.) Carrying offensive weapons during curfew. Possession of offensive weapon in public place. (Cap. 226.) (Cap. 239.) (Cap. 222.) (Cap. 280.) (Cap. 136.) (Cap. 227.) (Cap. 298.) (Cap. 226.) Power of Governor to prohibit the movement of vessels or aircraft. Detention of vessels and aircraft. Closed areas. Permits to enter and leave closed area. Prohibition on entering or leaving closed area without permit. (Cap. 233.) (Cap. 199.) (Cap. 198.) General permission to enter or leave closed area. Power of arrest. Power of Governor to authorize appointment of special constables. Power of special constable. Special constable refusing to obey orders. Security for good behaviour from suspected persons, etc. (Cap. 200.) Order to be made. Use of necessary force. Restriction on use of force. Offences by societies, etc. Power to require identification. Powers of members of certain auxiliary services and Her Majesty's forces. (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 232.) (Cap. 199.) (Cap. 198.) Obstruction. Power of Governor to give directions. Delegation of powers. Indemnity to persons acting under Ordinance.
Abstract
Originally 64 of 1967. 29 of 1969. 31 of 190. 98 of 1970. 5 of 1971. 24 of 1972. 75 of 1972. 45 of 1973. 20 of 1975. 46 of 1977. L.N. 147/77. 27 of 1978. 67 of 1980. L.N. 30/82. 33 of 1983. 16 of 1987. Short title. Interpretation. Power to prohibit flags, etc. Prohibition of uniforms in connection with political objects. Prohibition of quasi-military organizations. General powers of Commissioner of Police. (Cap. 228.) Regulation of public meetings. (Cap. 279.) (Cap. 320.) Notification of public meetings. Power of Commissioner of Police to prohibit notified public meeting. Designated public areas. General conditions applying to public meetings. Compliance with safety requirements for public meetings in private premises. Regulation of public processions. Cancellation and amendment of licence for public procession. General condition of licence for public procession. Appeals. Police powers over meetings, processions and gatherings. Offences in relation to sectons 6, 7, 8, 9, 11, 13, 14, 15 and 17. Disorder in public places. Prohibition of offensive wapons at public meetings and processions. (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 204.) Power of Commissioner of Police to prohibit public gatherings. Power of Governor in council to prohibit public gatherings. Proof. Supplemental. Unlawful assembly. Riot. Rioters demolishing buildings, etc. Rioters damaging buildings, machinery, etc. Riotously preventing the sailing of ship, aircraft or train. Forcible entry. Forcible detainer of premises. Fighting in public. Proposing violence at public gatherings. False news. Bomb hoaxes. 1977 c. 45, s. 51. Curfew orders. (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 197, sub. Leg.) Carrying offensive weapons during curfew. Possession of offensive weapon in public place. (Cap. 226.) (Cap. 239.) (Cap. 222.) (Cap. 280.) (Cap. 136.) (Cap. 227.) (Cap. 298.) (Cap. 226.) Power of Governor to prohibit the movement of vessels or aircraft. Detention of vessels and aircraft. Closed areas. Permits to enter and leave closed area. Prohibition on entering or leaving closed area without permit. (Cap. 233.) (Cap. 199.) (Cap. 198.) General permission to enter or leave closed area. Power of arrest. Power of Governor to authorize appointment of special constables. Power of special constable. Special constable refusing to obey orders. Security for good behaviour from suspected persons, etc. (Cap. 200.) Order to be made. Use of necessary force. Restriction on use of force. Offences by societies, etc. Power to require identification. Powers of members of certain auxiliary services and Her Majesty's forces. (Cap. 233.) (Cap. 199.) (Cap. 198.) (Cap. 232.) (Cap. 199.) (Cap. 198.) Obstruction. Power of Governor to give directions. Delegation of powers. Indemnity to persons acting under Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/2969
Edition
1964
Volume
v16
Subsequent Cap No.
245
Number of Pages
33
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PUBLIC ORDER ORDINANCE,” Historical Laws of Hong Kong Online, accessed February 28, 2025, https://oelawhk.lib.hku.hk/items/show/2969.
