PROTECTED PLACES (SAFETY) ORDINANCE

PROTECTED PLACES (SAFETY) ORDINANCE

LAWS OF HONG KONG

PROTECTED PLACES (SAFETY) ORDINANCE

CHAPTER 260





CHAPTER 260

PROTECTED PLACES (SAFETY)

To make better provision for the safety of places declared to be
protected places.

[9 December 1946.]

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

2. In this Ordinance, unless the context otherwise requires-

,,authorized guard' means any person authorized by the Governor
to discharge duty as a guard or sentry in, at or over a pro-
tected place;

'protected place' means any premises declared by an order of
Governor made under this section to be a protected place
for the purposes of this Ordinance. (Replaced, 53 of 1947,
s. 2)

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 Her 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 whom he finds in, or in the immediate
vicinity of, a protected place and reasonably 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;
(Replaced, 53 of 1947, s. 3)
(ii) any person whom he reasonably suspects of having
committed an offence against this Ordinance;

(c)to comply with any direction given to him under sub-
section (2):

Provided that any person arrested by an authorized guard
shall be handed over to a 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 to 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 section 4(2), it shall be lawful for an authorized
guard in carrying out his duties under this Ordinance to dis-
charge firearms-

(a)at any person whom he reasonably believes to he 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 Part VIII of the Crimes Ordinance,
in such protected place and who fails to halt when
challenged;

(d)at any person forming part of a group of 3 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 dis-
charge 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 obstructs, or aids or incites any person to resist
or obstruct, an authorized guard in the discharge 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;
(Amended, 53 of 1947, s. 4)

(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 shall be liable on summary conviction
to a fine of 5250 and to imprisonment for 6 months.

9. (1) It shall be lawful for the Governor by proclamation 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 (1) 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. (Added, 53 of 1947, s. 5)
Originally 16 of 1946. (Cap. 260, 1950.) 53 of 1947. 48 of 1972. Short title. Interpretation. Power for the Governor to authorize any person to act as an authorized guard. Duties of authorized guards. Power for authorized guards to discharge firearms. (Cap. 200.) Limitation on power to discharge firearms. Onus of proof. Penalty. Power to suspend operation of the Ordinance. Saving.

Originally 16 of 1946. (Cap. 260, 1950.) 53 of 1947. 48 of 1972. Short title. Interpretation. Power for the Governor to authorize any person to act as an authorized guard. Duties of authorized guards. Power for authorized guards to discharge firearms. (Cap. 200.) Limitation on power to discharge firearms. Onus of proof. Penalty. Power to suspend operation of the Ordinance. Saving.

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