### Public Order Ordinance 《公安條例》

38. Prohibition on entering or leaving closed area without permit
(1) Subject to subsection (2), any person who—
(a) enters or leaves a closed area save under and in accordance with a permit issued under section 37; or
(b) contravenes any condition to which any such permit is subject,
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. (Amended 33 of 1983 s. 2)
(2) In the case of a closed area other than a closed area referred to in section 37(1), subsection (1)(a) shall not apply—
(a) to the following persons when on duty or proceeding to or from duty—
(i) a police officer;
(ii) a member of the Hong Kong Auxiliary Police Force as constituted under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)
(iii) a member of the Chinese People’s Liberation Army; (Amended 2 of 2012 s. 3)
(iv) (Repealed 20 of 1997 s. 25)(v) a member of the Government Flying Service; and (Replaced 54 of 1992 s. 19)
(b) if the closed area is one in respect of which a notice is published under section 38A(1), to any person to whom the notice applies and who complies with the terms thereof. (Added 33 of 1983 s. 2)
(Amended E.R. 1 of 2013)

38A. General permission to enter or leave closed area
(1) The Commissioner of Police may, in relation to any closed area in respect of which he is empowered under section 37(2)(a) to issue a permit, by notice published in the Gazette grant permission to persons of any class or category specified in the notice to enter or leave the closed area during such times and subject to such exceptions, conditions or restrictions as are specified in the notice.
(2) Notwithstanding anything in subsection (1), the Commissioner of Police or any person authorized by him in writing in that behalf may, by notice in writing served upon any person either personally or by registered post, except that person from the application to him of a notice under subsection (1).
(Added 33 of 1983 s. 3)

### Public Order Ordinance 《公安條例》

39. Power of arrest
(1) Without prejudice to the provisions of this Ordinance or of any other law, any guard may arrest— (Amended 2 of 2012 s. 3)
(a) any person whom he finds in a closed area if he has reason to suspect that such person has committed or is about to commit any offence;
(b) any person whom he finds committing any offence in a closed area;
(c) any person whom he finds attempting to enter a closed area if he has reason to suspect that such person is not permitted or authorized under this Part to so enter, (Replaced 33 of 1983 s. 4)
and may use such force as may be necessary for the purpose. (Replaced 31 of 1970 s. 24)
(2) Any person arrested under subsection (1) shall be delivered into the custody of a police officer as soon as practicable.
(3) Any police officer of or above the rank of inspector, with the assistance of such other police officers as may be necessary, may—
(a) detain any person who is in a closed area without permission or authority for such time as may be necessary to ensure his orderly removal therefrom; and
(b) remove therefrom any person who is in a closed area without permission or authority. (Added 31 of 1970 s. 24)
(4) In this section, guard (守衞員) means—
(a) any member of the Essential Services Corps;
(b) any person appointed to guard a closed area by the Chief Executive; (Amended 57 of 1997 s. 34; 2 of 2012 s. 3)
(ba) in the case of a closed area which is an area or place occupied by the Hong Kong Garrison or for other purposes of the Central People’s Government, any member of the Chinese People’s Liberation Army; (Added 2 of 2012 s. 3)
(c) any person appointed to guard a closed area by such authority or person as may be specified for that purpose by the Chief Executive in any order made under section 36; (Added 31 of 1970 s. 24. Amended 57 of 1997 s. 34; 58 of 1997 s. 34; 13 of 1999 s. 3)
(d) any member of the Auxiliary Medical Service; and (Added 57 of 1997 s. 34. Amended 58 of 1997 s. 34)
(f) any member of the Civil Aid Service. (Added 58 of 1997 s. 34)

### Public Order Ordinance 《公安條例》

40. Power of Chief Executive to authorize appointment of special constables
The Chief Executive may at any time by order authorize the Commissioner of Police to appoint in writing any person who is willing so to act as a special constable for such period as may be specified in such order by the Chief Executive.
(Amended 31 of 1970 s. 25; 13 of 1999 s. 3)

41. Power of special constable
(1) A person appointed as a special constable shall, when acting as such, have the same duties, powers, protection and immunities as are imposed or conferred by this Ordinance or any other law on a police officer.
(2) A special constable shall comply with all such orders as may be given to him by the Commissioner of Police.
(3) Nothing in this section shall entitle a special constable to any pay, pension or other reward.

42. Special constable refusing to obey orders
Any special constable who, without reasonable excuse, neglects or refuses to obey such orders as may be given to him for the performance of the duties of his office under section 41(2) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 2 months.
(Amended E.R. 1 of 2013)

43. Appeal Board
(1) Every appeal made under section 16 shall be determined by an appeal board to be known as the Appeal Board on Public Meetings and Processions (in this section and sections 44 and 44A referred to as the Appeal Board

44. Constitution and powers of Appeal Board
(1) The Appeal Board shall consist of the Chairman or a Deputy Chairman who shall preside at the hearing and 3 persons selected in rotation in accordance with the alphabetical order of their surnames from the panel referred to in section 43(3), whom the Chairman shall appoint to be members of the Appeal Board to hear any appeal.
(2) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal and in the case of an equality of votes the Chairman or Deputy Chairman shall have a casting vote.
(3) In hearing an appeal the Appeal Board may receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would be admissible in a court of law.
(4) The Appeal Board may, after hearing an appeal, confirm, reverse or vary the prohibition, objection or condition appealed against. (Amended 119 of 1997 s. 13)
(Replaced 77 of 1995 s. 14)