To make better provision for the safety of places declared to be protected places.
[9 December 1946]
(Format changes—E.R. 2 of 2012)
This Ordinance may be cited as the Protected Places (Safety) Ordinance.
In this Ordinance, unless the context otherwise requires—
authorized guard (特派守衞) means any person authorized by the Chief Executive to discharge duty as a guard or sentry in, at or over a protected place; (Amended 71 of 1999 s. 3) protected place (受保護地方) means any premises declared by an order of Chief Executive made under this section to be a protected place for the purposes of this Ordinance. (Replaced 53 of 1947 s. 2. Amended 71 of 1999 s. 3)It shall be lawful for the Chief Executive by order to authorize any person to act as an authorized guard. (Amended 71 of 1999 s. 3)
Such authority may be given in general terms to any member of the Hong Kong Garrison or to any class of persons. (Amended 2 of 2012 s. 3)
It shall be the duty of an authorized guard—
to protect and prevent the theft of or damage to any property in or upon a protected place;
so far as consistent with the proper discharge of any other duty imposed upon him by this Ordinance to arrest or assist in effecting the arrest of—
any person whom he finds in, or in the immediate vicinity of, a protected place and reasonably suspects of entering, or attempting, or intending to enter such place without proper authority, or of having acted illegally or otherwise without proper authority within such place; (Replaced 53 of 1947 s. 3)
any person whom he reasonably suspects of having committed an offence against this Ordinance;
to comply with any direction given to him under subsection (2):
Provided that any person arrested by an authorized guard shall be handed over to a member of the police force as soon as conveniently may be.
It shall be lawful for the Chief Executive and for any person delegated in that behalf by the Chief Executive to give directions as to the manner in which authorized guards are to discharge the duties and exercise the powers imposed and conferred upon them by this Ordinance. (Amended 71 of 1999 s. 3)
Subject to any direction under section 4(2), an authorized guard may use reasonable force, if necessary, in carrying out duties under this Ordinance.
(Replaced 1 of 1997 s. 24)
(Repealed 1 of 1997 s. 25)
(Repealed 1 of 1997 s. 26)
Any person who—
fails to halt when challenged by an authorized guard;
resists or obstructs, or aids or incites any person to resist or obstruct, an authorized guard in the discharge of the duties imposed upon him by this Ordinance or in exercise of the powers hereby conferred;
(Repealed 1 of 1997 s. 27)
being a person who is unauthorized to enter a protected place fails to leave the immediate vicinity thereof when requested to do so by an authorized guard or a member of the police force,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 6 months.
(Amended E.R. 2 of 2012)
It shall be lawful for the Chief Executive by proclamation from time to time as he shall deem fit to declare the suspension of the operation of this Ordinance with effect from the date named in such proclamation and it shall be lawful for the Legislative Council by resolution to declare that such suspension shall terminate. Upon the termination of such suspension this Ordinance and any order, authorization or direction made or given under this Ordinance and in force at the date of such suspension shall be and continue of full force and effect. (Amended 71 of 1999 s. 3)
The suspension of the operation of this Ordinance in manner provided by subsection (1) shall not affect the validity of anything done or any proceedings commenced under this Ordinance, or affect any liability or any penalty incurred under this Ordinance, prior to the date of such suspension. (Added 53 of 1947 s. 5)