PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:17] “public place” means any thoroughfare, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved; “publication” includes a document, book, magazine, film, sound or visual broadcast, tape, disc or other material, medium or thing whatsoever in which, on which or by means of which a statement may be made; “regulating authority”, in relation to any area, means the police officer who, in terms of section four, is the regulating authority for that area; “statement” means any expression of fact or opinion, whether made orally, in writing, electronically or by visual images; “thoroughfare” means any road, street, lane, path, pavement, sidewalk or similar place which exists for the free passage of persons or vehicles; “weaponry” means any of the following kinds of offensive material⎯ (a) artillery of all kinds; (b) a firearm or other apparatus for the discharge of bullets or other kinds of projectiles which are designed to be lethal, whether solid, explosive or gas diffusing; (c) a flame-thrower; (d) high or low explosive, whether or not manufactured as a bomb, grenade or similar missile or device and whether capable of use with a firearm or not, including a fuse, detonator or timing device therefor. 3 Realisation of risk or possibility as an element of offences under this Act (1) Where realisation of a risk or possibility is an element of any offence under this Act, the test is whether or not the person whose conduct is in issue realised or must have realised that there was a risk or possibility, other than a remote risk or possibility, that⎯ (a) his act or omission might give rise to the relevant consequence; or (b) the relevant fact or circumstance existed when he acted or omitted to act. (2) For the avoidance of doubt it is declared that the common-law test for constructive or legal intention shall not apply to any offence under this Act of which the realisation of a risk or possibility is an element. 4 Regulating authorities The police officer in command of each police district shall be the regulating authority for that police district. -6-