MINOR OFFENCES (AMENDMENT) BILL

Order for Second Reading read.

11.39 a.m.

The Chief Secretary (Mr E. B. David): Sir, I beg to move, "That the Bill be now read a Second time."

As hon. Members are aware, the Minor Offences Ordinance seeks to control a variety of misdemeanours and nuisances of a minor character. Experience has shown that the provisions of this Ordinance are inadequate to control certain of these offences and the present Bill is designed to remedy that position.

Clause 2 of the amending Bill relates to Part II of the principal Ordinance which deals with rules and orders as to assemblies, processions, etc. It amends the definition of a "public place" to include any building or other place to which the public or a class of the public have for the time being access. The amendment is required because at the present time a meeting held in a building or in an enclosed space cannot be defined as a public meeting even though it may in fact be so by virtue of the fact that the public or a class of the public have access thereto. In consequence, the police at present have no authority to require a permit for a public meeting which is being held in a building or an enclosed space. The opportunity is also taken to bring the definition of a "place of public resort" into line with the definition now contained in the Public Entertainments Ordinance, which has replaced the Theatres Ordinance.

Clause 3 of the Bill makes provision for the control of catapults and similar weapons to which at present no provision exists. Catapults are in common use by small boys, and while it is not intended to interfere with this pastime, provision must be made against the discharge of such weapons in circumstances which might bring injury to the public.

Clause 4 of the Bill seeks to amend section 12 of the main Ordinance which deals with offences relating to animals. It is at present a common practice with the owners of animals to tether them on private land or Crown land without the permission of the owner of the land or the Crown. It is desired to put an end to this practice. The second subsection of this clause of the amending Bill is designed to ensure that herdsmen keep their animals under proper control when driving them on the highway. There have been many instances of accidents occurring on public highways as a result of animals being permitted to wander when supposedly under their herdsmen's charge. This new section places responsibility for the control of the animals firmly on the herdsmen.

The first subsection of clause 5 of the Bill relates to the obstruction of public roads and footways. The existing section makes reference to "goods" but this word has no proper grammatical definition, whereas the word "article" can be clearly defined. The use of the word "goods" in the existing Ordinance has in the past resulted in ambiguity and, in consequence, cases of obstruction have been dismissed by the courts.

The second subsection of this clause makes it an offence to cause obstruction on a public road by carts, wheelbarrows, bicycles, tricycles or other vehicles which can effectively cause obstruction. The existing Ordinance makes no provision for this offence, which has been shown in the past to occasion considerable nuisance to the general public.

The third subsection of this clause makes it an offence to place any projection over or along a public road at a height of less than 8 feet. It has been found that owners of property abutting on the public highway have erected such projections which are not only a nuisance but may be dangerous to passers-by.

Finally, clause 6 of the Bill is designed to increase the maximum fine for wilful trespass from the existing figure of $20 to a sum of $100, which is considered to be more in keeping with the present scale of fines for minor offences.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole Assembly.

Assembly immediately resolved itself into a Committee on the Bill.-[Mr David].

Bill considered in Committee; reported without amendment; read the Third time and passed.