current provisions of the Public Order and Security Act are significantly different. The court
pointed to the following features of section 6 of the Law and Order (Maintenance) Act that
cumulatively led the court to conclude that the fundamental rights in question had been
excessively invaded:
1. The discretionary power of the regulating authority is uncontrolled.
2. Before imposing a ban on a public procession the regulating authority is not obliged
to take into account whether the likelihood of a breach of peace or public order could
be averted by attaching conditions upon the conduct of the procession.
3. The effect of the provision is to deny these primary rights unless it can be shown that
the procession is likely to cause or lead to a breach of the public peace or public
disorder.
4. The holding of a public procession with a permit is criminalized irrespective of the
likelihood or occurrence of any threat to the public safety or public order, or
inconvenience to persons not participating.
Surprisingly, however, it was only in 2002 that the notorious Law and Order (Maintenance)
Act was repealed and replaced by the Public Order and Security Act [Chapter 11.17]. This
new Act sought to replace the repressive provisions on assembly and protest in the Law and
Order (Maintenance) Act with provisions that would supposedly allow peaceful assembly and
protest subject to the police being notified of impending protests to allow the police to
provide security during the protests to prevent outbreaks of violence. Section 26(3) provides
that where the police receive credible information that a proposed public demonstration will
result in public disorder or extensive property damage, the police may hold consultations
with the organizers to arrive at an agreement on the taking of appropriate measures to avoid
these consequences and thereafter to allow the demonstrations to go ahead.
However, the provisions of this Act have been frequently misinterpreted to mean that
protests could only go ahead if prior permission has been granted by the police and whereas
public demonstrations by supporters of the ruling party have been freely allowed, even
without prior notification to the police, public demonstrations by persons protesting about
government actions have been blocked or forcibly broken up.
Section 27(1) of this Act, goes much further and allows for the banning of public
demonstrations. This provision reads:
“If a regulating authority for any area believes on reasonable grounds that the powers
conferred by section 26 will not be sufficient to prevent public disorder being
occasioned by the holding of processions or public demonstrations or any class
thereof in the area or any part thereof, he may issue an order prohibiting, for a
specified period not exceeding one month, the holding of all public demonstrations or
any class of public demonstrations in the area or part thereof concerned.”
It is a criminal offence for a person to organise or assist in organising or take part in or
attend any procession or public demonstration where public demonstrations have been
banned. The maximum sentence for this offence is imprisonment for one year.
The other provisions in this section deal with what the police must do before issuing a
banning order.
Where it is practicable to do so, the regulating authority must
cause a notice of the proposed banning order in the Gazette and in a newspaper
circulating in the area concerned and to be given to any person whom the regulating