This Act may be cited as the Public Order Act.
Any person who, while present at any public meeting or on the occasion of any public procession, has with him any offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of an offence.
For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless he is acting in his capacity as a police officer or member of a fire brigade or otherwise in his capacity as a public officer or as a servant of a local authority. [Act No. 53 of 1960, s. 6.]
Whenever in this Act it is provided that force may be used for any purpose, the degree of force which may be so used shall not be greater than is reasonably necessary for that purpose; whenever the circumstances so permit without gravely jeopardising the safety of persons and without grave risk of uncontrollable disorder, firearms shall not be used unless weapons less likely to cause death have previously been used without achieving the purpose aforesaid; and firearms and other weapons likely to cause death or serious bodily injury shall, if used, be used with all due caution and deliberation, and without recklessness or negligence.
Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property. [Act No. 53 of 1960, s. 6.]
Where any order, notice or other document is required by or under this Act or any regulations made thereunder to be given to or served on any person, service thereof may be effected either personally on such person or by registered post; and, where the person to be served is a body corporate or a society or other body of persons, service of any such order, notice or document may be effected by serving it personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business. [Act No. 53 of 1960, s. 6.]
A certificate under any of the provisions of this Act, purporting to be signed by the Minister or by any other authority specified in that behalf in such provision, shall be presumed, until the contrary is proved, to have been signed by such Minister or other authority. [Act No. 53 of 1960, s. 6.]
Where any offence under this Act or under any regulations made thereunder is committed by any company, or other body corporate, or by any society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission. [Act No. 53 of 1960, s. 6.]
Where it is an offence for a person to instigate another to do or omit to do any act or thing, it is immaterial whether or not the instigation succeeds in its purpose.
For the avoidance of doubt, it is hereby declared that the burden of proving lawful or reasonable excuse or lawful authority shall be upon the person alleging the same, and accordingly in any proceedings for an offence under this Act or any regulations made thereunder it shall not be incumbent on the prosecution to prove the lack of any such excuse or authority. [Act No. 53 of 1960, s. 6.]
The Minister may make regulations prescribing anything which may be prescribed under this Act, and generally to give effect to the provisions of this Act.
Notwithstanding the provisions of paragraph (e) of section 31 of the Interpretation and General Provisions Act (Cap. 2), regulations under this section may prescribe such penalties as the Minister may think fit for the contravention thereof, not exceeding, however, the penalties specified in section 17 of this Act. [Act No. 53 of 1960, s. 6.]