Preservation of the Peace Act

Whenever any person is found during the continuance of a proclamation under this Act unlawfully, riotously or tumultuously assembled to the disturbance of the peace and to the terror of members of the public, any Justice of the Peace may, in an audible voice, warn those persons that they are contravening the law, and require them to disperse and depart to their habitations, or to their lawful business.

All persons remaining so assembled after such warning may be dispersed or taken into custody by any police officer or special constable, or by any other person acting under the orders of a Justice of the Peace, and shall be liable to the punishment prescribed in section 145 of the Penal Code [Cap. 224].

If any person so warned to disperse is hurt, maimed or killed in the dispersing, seizing or apprehending, or the endeavouring to disperse, seize or apprehend, the person hurting, maiming or killing him shall be free, discharged and indemnified from the consequences except on evidence of gross carelessness, wantonness or malice.

During the continuance of any proclamation under this Act no person, unless in the employment of the Government, or unless authorised by the Government, shall carry on his person, or have in his possession any arms or instruments capable of being used as offensive arms unless they are the tools of his trade, or unless he can show that they are intended to be used for some lawful purpose, of which the burden of proof shall be upon him, nor any ammunition for those arms or instruments.

Any Justice of the Peace may enter with or without a warrant, and with or without assistance, and may authorise any police officer or special constable to enter without a warrant, and with assistance, and by force, if necessary, into any dwelling-house or other building, and into any place in which he may suspect that any such arms or instruments or ammunition contrary to this Act may be, and those arms and ammunition may be seized and confiscated.

Any person who is found contrary to this Act carrying, or having in his possession any such arms or instruments or ammunition except such as may reasonably, in the opinion of the court, be in his possession shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $400 or to imprisonment for a term not exceeding 4 months or to both.