||Title:||PUBLIC ORDER ORDINANCE||Gazette Number:||E.R. 1 of 2013|
|Section:||31||Heading:||Curfew orders||Version Date:||25/04/2013|
(1) The Chief Executive 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).
(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)
(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)
(3) A curfew order shall-
(4) The Chief Executive 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.
(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 Chief Executive;
(b) be published in the Gazette as soon as may be reasonably practicable after the making thereof; and
(c) remain in force for the period specified therein or until earlier cancelled by the Chief Executive in accordance with subsection (4).
(5) Any person who contravenes-
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2 and to imprisonment for 2 years.
(a) any of the provisions of a curfew order; or
(b) any condition to which a permit issued under subsection (2) is subject,
(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-
(7) Whenever the Chief Executive 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.
(a) a police officer;
(b) a member of the 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 Hong Kong Auxiliary Police Force Ordinance (Cap 233); (Amended 29 of 1969 s. 2; L.N. 362 of 1997; 76 of 1999 s. 3)
(c) a member of the Fire Services Department;
(d) a member of the Correctional Services Department; (Amended L.N. 30 of 1982)
(e) a member of the Customs and Excise Service; (Amended 46 of 1977 s. 18)
(f) a member of the Chinese Peopleˇ¦s Liberation Army; (Amended 2 of 2012 s. 3)
(g) (Repealed 20 of 1997 s. 25);
(h) a member of the Government Flying Service; (Replaced 54 of 1992 s. 19)
(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; L.N. 147 of 1977)
(j) any servant of the Government, 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 (Cap 197 sub. leg. B); (Added 24 of 1972 s. 4)
(l) a member of the Immigration Service; (Added 24 of 1972 s. 4. Amended 57 of 1997 s. 34)
(m) a member of the Ministry of National Defence in the Central Peopleˇ¦s Government in possession of a valid pass of the Ministry of National Defence; (Added 24 of 1972 s. 4. Amended 57 of 1997 s. 34; 58 of 1997 s. 34; 2 of 2012 s. 3)
(n) a member of the Auxiliary Medical Service under the Auxiliary Medical Service Ordinance (Cap 517) who is in possession of a document of identity issued by the Commissioner, Auxiliary Medical Service; and (Added 57 of 1997 s. 34. Amended 58 of 1997 s. 34)
(o) a member of the Civil Aid Service under the Civil Aid Service Ordinance (Cap 518) who is in possession of a document of identity issued by the Commissioner, Civil Aid Service. (Added 58 of 1997 s. 34)
(Amended 13 of 1999 s. 3; E.R. 1 of 2013)