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Processions and Public Assemblies Act

LAWS OF SOLOMON ISLANDS


[1996 EDITION]


CHAPTER 29


PROCESSIONS AND PUBLIC ASSEMBLIES


AN ACT TO PROVIDE FOR THE REGULATION OF PROCESSIONS AND PUBLIC ASSEMBLIES


[29th May, 1956]


3 of 1956
6 of 1967
LN 46A of 1978


Short title


1. This Act may be cited as the Processions and Public Assemblies Act.


Processions and public assemblies
LN 46A of 1978


2.—(1) The Prime Minister may make rules general or particular and relating to the public generally or to any portion of the public for—


(a) the government of processions and public assemblies;


(b) defining routes of processions and the places at which public assemblies may or may not be held;


(c) preventing obstruction by reason of processions and public assemblies; and


(d) securing the due maintenance of the public peace and tranquillity during processions and public assemblies.


(2) Rules made under this section may be—


(a) general and apply to every plantation, place and public highway in Solomon Islands; or


(b) special and apply only to particular plantations, places and public highways to be specified in the rules.


(3) Rules made under this section may absolutely prohibit the holding of processions and public assemblies at the places mentioned generally or particularly in the rules or may impose conditions under which they may be held.


(4) Every person who contravenes any of the rules made under this Act shall be liable to a fine of forty dollars or to imprisonment for six months.

6 of 1967, Sched


Power of arrest
6 of 1967, Sched


3. Any person offending against this Act may be arrested without warrant by any police officer within whose view the offence is committed and by him detained until he can be brought before a Magistrate.


CHAPTER 29
PROCESSIONS AND PUBLIC ASSEMBLIES


Subsidiary Legislation


PROCESSIONS AND PUBLIC ASSEMBLIES RULES
(Section 2)


[11th November 1988]
LN 123/1988


Title


1. These Rules may be cited as the Processions and Public Assemblies Rules.


Permission required for the holding of certain public assemblies and processions


2. No procession or public assembly may be collected, convened, formed or held in any road, street, square or other public thoroughfare or in any place to which the public has access, other than a building, without permission in writing being first had and obtained under rule 3. This rule shall not apply to marriage or funeral processions.


Application for permission


3. On an application for permission to collect, convene, form or hold such procession or public assembly being made to a Provincial Secretary or in the absence of such officer, to a police officer not below the rank of Inspector he may grant or refuse such permission:


Provided that no such permission shall be granted in respect of any procession or public assembly unless—


(a) the application is made not less than forty-eight hours before it is desired to hold such procession or public assembly, and is made by representatives resident in the locality in which it is proposed to hold such procession or public assembly of the religion or organisation to which such procession or public assembly pertains; and


(b) written notice of the intention to collect, convene or form the procession or public assembly has been given by the applicant to the appropriate Government Ministry fourteen days prior to the date of the application and stating in writing the intention to presenting any petition or making any speech or both, as the case may be, to that Government Ministry as the objective of such procession or public assembly.


Conditions upon which permission may be granted


4. Permission under the last preceding rule may be granted subject to any one or more of the following conditions—


(a) that the public assembly or procession shall be collected, convened, formed or held in the roads, streets, squares or other public places mentioned in the permit and in no other thoroughfare;


(b) that the procession or public assembly shall not be held before or after the times specified in the permit;


(c) that no musical instrument, loudspeaker, band, flag or symbol be included in the procession or public assembly without permission;


(d) that no sticks, offensive weapons, fireworks or crackers, torches or firesticks shall be carried by any member of the procession or public assembly;


(e) that the applicant for the permit or a nominee acceptable to the grantor of the permit shall attend the procession or public assembly;


(f) that all lawful orders for the control and direction of traffic shall be obeyed;


(g) that a Provincial Secretary or police officer not below the rank of Inspector may, if he considers it necessary for the preservation of peace and order, at any time cancel or amend a permit issued under these Rules.


Assembly or procession may be ordered to disperse


5. Any Provincial Secretary or police officer not below the rank of Inspector who has reasonable cause to believe that any procession or public assembly held in any place to which the public has access other than a building is a danger to public peace and tranquillity or is an obstruction may order such procession or public assembly to disperse.


Offences


6. Any person taking part in a procession or public assembly which is forbidden by these Rules or after such procession or public assembly has been lawfully ordered to disperse shall be guilty of an offence and shall be liable on conviction to a fine of forty dollars or to imprisonment for three months or to both such fine and imprisonment.


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