7. Power to prohibit flags (Section 3 Public Order Ordinance)

7. Power to prohibit flags (Section 3 Public Order Ordinance)

(1) Any police officer of or above the rank of inspector may—

1. prohibit the display at a public gathering of any flag, banner or other emblem;
2. prohibit the owner, tenant, occupier or person in charge of any premises or place, and the owner or person in charge of any vehicle, tramcar, train or vessel from permitting the display of any flag, banner or other emblem on or at the premises, place, vehicle, tramcar, train or vessel,

if such police officer reasonably believes that the display of any flag, banner or emblem is likely to cause or lead to a breach of the peace.

(2) Where a prohibition is issued under subsection (1), any police officer may seize and detain any flag, banner or emblem, and may if reasonably necessary—

1. enter any premises or place; and
2. stop and board any vehicle, tramcar, train or vessel,

using such force as may be necessary for these purposes.

(3) Any person who displays or permits the display of any flag, banner or other emblem in contravention of any prohibition issued under subsection (1) 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.

(4) No prosecution for an offence under this section shall be instituted without the consent of the Secretary for Justice.

(section 3 Public Order Ordinance)

“Likely to cause or lead to a breach of the peace”

It must be that the likely effect of the flag, emblem or banner, on others is a breach of the peace.

“Breach of the peace” can be understood in the context of the offence of “Disorder in Public Places” under section 17B Public Order Ordinance as discussed in Section 2 above.