Public Order Provisions Or.

 

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The Public Order Provisions Order 2003

 

 

2003- No. GV-05

 

Made:                                                  21st June 2003 CE

                                                            26th Qa'qualsque 04 IIC

Coming into Force:                            22nd June 2003 CE

                                                            27th Qa'qualsque 04 IIC

 

At Commonwealth House, Nova Britannia on the 21st Day of June

Present,

His Highness, the Lord Protector in Council

 

 

His Highness, the Lord Protector by powers conferred upon him by Section 7(1) of the Constitutional (Temporary Provisions) Act 2003, hereby orders and decrees, and so it is ordered, as follows:--

 

[Clerk of Parliament's Note: You are hereby advised that this version of the Order may be incomplete or mistaken]

 

1. PREVENTION OF CIVIL UNREST – (1) It shall be unlawful under this Section for an organised group of more than four citizens to assemble for the purposes of staging a protest in a public open place against this State without first acquiring a permit from the Ministry of the Interior.

(2) Any persons who commit an undertaking mentioned in Subsection (1) shall be liable upon summary conviction to a fine not exceeding thirty pounds, a formal declaration of guilt or dishonour, imprisonment for a period not exceeding twenty days or any combination of these sentences. 

(3) An Order of Detainment may be made by any appointed Magistrate in the Ibrosian Protectorate, which shall allow the state to detain persons committing an undertaking mentioned in Subsection (1) for a period of no more than ten days without the due conviction by a jury of their peers. Such an order may only be made should reasonable suspicion be held that the persons in question are likely to commit another illegal undertaking under this Order.

(4) It shall be the responsibility of an Officer of the State, preferably a Magistrate, to term a protest unlawful and call for its disbanding by reading the following statement---

‘It is hereby ordered, by virtue of Section 1(4) of the Public Order Provisions Order 2003 that this assembly is unlawful. The people hereunto assembled shall come to order and disband or face charges under Section 1(5) of the said Order for failing to disband on the request of an Officer of the Ibrosian Protectorate.’

(5) Should any persons not disband when it is ordered by Subsection (5), they shall be committing an offence under this Order and shall be liable for the same punishments proscribed in Subsections (2) and (3).

(6) It shall be good defence against a charge under Subsection (5) for a person to prove that –

                (a) Their assembly was not unlawful

                (b) They were not knowing or wilfully part of said assembly

 

2. PREVENTION OF SECESSION – (1) It shall be unlawful for any part of the Ibrosian Protectorate to attempt to secede from the Protectorate without the consent of the Lord Protector by Order.

(2) Any Government which attempts to secede from the Protectorate shall be liable to be deposed and a Governor, appointed by the Lord Protector with the consent of Parliament, to be responsible for the governing of the region.

(3) Any Government which attempts to secede from the Protectorate may be deposed by force of arms, should it be required, for such purposes the regular Ibrosian Defence Regiment shall be utilised by order of the Lord Protector in council.

 

3. INTERPRETATION – For the purposes of this Order—

‘Officer of the State’ shall be defined as either a Magistrate, a commanding officer in the Ibrosian National Army or a police constable.

a ‘Public, open place’ shall be defined as—

(a) any place which is open to the air to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; and

(b) any common passage, close, court, stair, back green, garden, yard or other similar common area.

For the purposes of this Order any covered place open to the air on at least one side shall be treated as a place which is "open to the air".

 

4. SHORT TITLE AND COMMENCEMENT – (1) This order may be cited as the Public Order Provisions Order 2003.

(2) This Order shall come into effect on the day after which it is made.

 

David J. Gardiner

Lord Protector

21st June, 2003

 

 

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