PUBLIC ORDER LAW (1997 Revision)

CAYMAN ISLANDS PUBLIC ORDER LAW (1997 Revision) Supplement No. 15 published with Gazette No. 6 of 16th March, 1998. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (19 of 1975) Originally enacted — Law 11 of 1973-4th July, 1973 Revised this 9th day of September, 1997. Page 2 Revised as at 9th day of September, 1997 c Public Order Law Arrangement of Sections CAYMAN ISLANDS PUBLIC ORDER LAW (1997 Revision) Arrangement of Sections Section Page PART I - Introductory 1. Short title ...................................................................................................................................5 2. Definitions ..................................................................................................................................5 PART II - Processions 3. Permit required for procession ...................................................................................................6 4. Application for permit .................................................................................................................6 5. Power to grant or refuse permit ..................................................................................................7 6. Control over procession taking place .........................................................................................7 7. Leader of a procession may be required to call upon such procession to disperse .....................7 8. Persons who take part in an unauthorised procession are guilty of an offence ...........................7 9. Organisation, etc., of an unauthorised procession is an offence .................................................8 PART III - General Provisions 10. Disorderly behaviour at meetings ...............................................................................................8 11. Prohibition of conduct likely to lead to a breach of the peace .....................................................8 12. Prohibition of offensive weapons ...............................................................................................8 13. Incitement to racial hatred ..........................................................................................................9 14. Power of search .........................................................................................................................9 15. Power of arrest ..........................................................................................................................9 16. Prohibition of certain uniforms, emblems, etc. ............................................................................9 17. Penal ....................................................................................................................................... 10 c Revised as at 9th day of September, 1997 Page 3 Arrangement of Sections Public Order Law I8. Saving with regard to other laws .............................................................................................. 10 Page 4 Revised as at 9th day of September, 1997 c Public Order Law Section 1 CAYMAN ISLANDS PUBLIC ORDER LAW (1997 Revision) PART I - Introductory 1. Short title 1. This Law may be cited as the Public Order Law (1997 Revision). 2. Definitions 2. In this Law — “Commissioner” means the Commissioner of Police and every person acting under his authority; “Governor” means the Governor in Council; “meeting” means an assembly or gathering of persons held for the purpose of the transaction of matters of public interest, for the discussion of such matters or for the purpose of the expression of views upon such matters; “offensive weapon” includes — (a) any firearm as defined in the Firearms Law (1995 Revision); and (b) any stick, rod, bar or similar implement or any stone, brick or other missile, whether similar to the foregoing or not, or any knife, catapult or similar implement unless it is proved to the satisfaction of the court that it was not intended to be used as such by the person charged; c Revised as at 9th day of September, 1997 Page 5 Section 3 Public Order Law “permit” means a permit granted under section 5; “procession” means a public march or procession on a public place comprising (whether wholly or partly) pedestrians, vehicles (however propelled or drawn) or tricycles (however propelled), except a march or procession — (a) by any of Her Majesty’s Forces; (b) by the Royal Cayman Islands Police Force; (c) which takes place as a component part of any religious ceremony, including a wedding or funeral, not being connected with any political demonstration or ceremony; or (d) by any other body approved by the Governor; “public meeting” includes any meeting in a public place and any meeting which the public or any section thereof are permitted to attend, whether on payment or otherwise; “public place” means any highway, street, public park or garden, any sea beach and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any open space and any premises to which, for the time being, the public have or are permitted to have access, whether on payment or otherwise; and “summary conviction” means conviction by a summary court. PART II - Processions 3. Permit required for procession 3. It shall not be lawful for any procession to take place unless a permit has been granted in respect thereof. 4. Application for permit 4. (1) Any person desiring to organise a procession shall, at least three days before such intended procession, make application to the Commissioner for a permit. (2) Every application for a permit shall set forth the names and addresses of the organisers of the procession, the proposed point of departure, route and point of termination of the proposed procession, the proposed date and times within which the procession will take place and an estimate of the number of people who are expected to take part. Page 6 Revised as at 9th day of September, 1997 c Public Order Law Section 5 5. Power to grant or refuse permit 5. (1) Upon receipt of an application made to him under section 4(1), the Commissioner shall grant such application by issuing to the applicant a permit in writing, unless having regard to all the circumstances, the Commissioner has reasonable grounds for apprehending that the procession may give rise to public disorder, in which case he may — (a) refuse to grant a permit; or (b) grant a permit subject to such directions and conditions to be observed by those organising or taking part in the procession as appear to him to be advisable in the interests of the maintenance of public order, including conditions as to timing and routing the procession and prohibiting it from entering or making use of areas therein prescribed. (2) In any event, the Commissioner may impose conditions calculated to prevent obstruction of traffic and inconvenience to the public in general. (3) In the event of refusal by the Commissioner to grant a permit, or the imposition by him of directions or conditions which appear to the applicant to be unduly onerous, the applicant may appeal to the Governor whose decision shall be final and binding on all persons. 6. Control over procession taking place 6. If the Commissioner has reasonable grounds for apprehending that a procession which is taking place may occasion public disorder, obstruct traffic or interfere unduly with the convenience of the public, he may give directions imposing upon the persons organising or taking part in such procession such conditions as appear to him to be desirable, including re-routing such procession and prohibiting it from entering any specified place; and in any directions so given may vary the directions or conditions attached to any permit. 7. Leader of a procession may be required to call upon such procession to disperse 7. (1) The Commissioner may require any person leading or controlling or appearing to lead or control any procession, otherwise than in accordance with the terms of a permit, to call upon such procession to disperse. (2) Whoever, being required under subsection (1) to call upon a procession to disperse, fails to comply forthwith with such requirement is guilty of an offence 8. Persons who take part in an unauthorised procession are guilty of an offence 8. Whoever takes part in any procession — (a) in respect of which a permit has not been obtained; or (b) otherwise than in accordance with the terms and conditions of a permit or conditions imposed under section 5(1), c Revised as at 9th day of September, 1997 Page 7 Section 9 Public Order Law is guilty of an offence. 9. Organisation, etc., of an unauthorised procession is an offence 9. Whoever organises, attempts to organise or incites, aids or abets any person to organise or take part in a procession, the taking part in which would be an offence under section 8, is guilty of an offence. PART III - General Provisions 10. Disorderly behaviour at meetings 10. Whoever, at any public meeting, acts in a disorderly manner likely to prevent or obstruct the transaction of the business of the meeting is guilty of an offence. 11. Prohibition of conduct likely to lead to a breach of the peace 11. Whoever, in any public place or at any public meeting, uses threatening, abusive or insulting words, gestures or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, or incites any person to commit an unlawful act whereby a breach of the peace is likely to be occasioned, is guilty of an offence. 12. Prohibition of offensive weapons 12. (1) Whoever, while present at a public meeting, has with him (either openly or concealed about his person) any offensive weapon otherwise than in pursuance of lawful authority is guilty of an offence. (2) Whoever, at any time when any public meeting is in progress, has with him any offensive weapon in any public place within earshot of any speaker at such meeting shall be deemed to have had such offensive weapon while present at such public meeting until he proves affirmatively that his presence in such public place was neither directly nor indirectly consequent upon the fact that such meeting was in progress at the time. (3) It is declared that — (a) the lawful possession of any licence or permit to carry a firearm in any public place shall not afford a defence to any proceedings under this section; and (b) a person shall be deemed to be within earshot of any speaker at any time when he is at any point at which the voice of the speaker is audible notwithstanding that it would not have been so audible but for the use of a microphone, amplifier or other similar apparatus or device. (4) For the purpose of this section, no person shall be deemed to be acting in pursuance of lawful authority unless — Page 8 Revised as at 9th day of September, 1997 c Public Order Law Section 13 (a) if the offensive weapon involved is a firearm, he is acting in the capacity of a member of the armed forces of the Crown or of a constable; or (b) if the offensive weapon is other than a firearm, he is acting in the capacity of a servant of the Crown or member of a fire brigade. 13. Incitement to racial hatred 13. Whoever — (a) knowingly publishes or distributes any written matter which is threatening, abusive or insulting; or (b) uses, in any public place at any public meeting, words which are threatening, abusive or insulting, being matter or words intended or which may reasonably be interpreted as likely to stir up hatred against any section of the public in the Islands distinguished by colour, race or creed, is guilty of an offence. 14. Power of search 14. (1) Subject to subsections (2) and (3), where any constable has reasonable cause to suspect that any person has concealed about him any offensive weapon contrary to section 12, he may search such person and, if he considers it necessary, take such person to a police station for such purpose. (2) No article of a person’s clothing shall be removed for the purpose of any search authorised by subsection (1) unless such person is first taken to a police station. (3) No person shall be searched by any person not of the same sex. (4) Whoever resists or obstructs any search authorised by subsection (1) or who absconds before such search is concluded is guilty of an offence. 15. Power of arrest 15. A constable may arrest, without warrant, any person reasonably suspected by him to be committing or to have committed any offence against this Law. 16. Prohibition of certain uniforms, emblems, etc. 16. The Governor may, by order, prohibit the wearing in public places or at public meetings or assemblies any uniform, distinctive dress or emblem by members or adherents of any organisation or association, whether incorporated or not, specified or described in such order, when it appears to the Governor that the members of that organisation or association are organised, trained or equipped for the purpose of enabling them to be employed — (a) in usurping the functions of the Royal Cayman Islands Police Force or of Her Majesty’s armed forces; or c Revised as at 9th day of September, 1997 Page 9 Section 17 Public Order Law (b) for the purpose of the display of physical force in promoting any political or other object, or in such manner as to arouse reasonable apprehension that they are organised, trained or equipped for that purpose. (2) Whoever wears any prohibited uniform, distinctive dress or emblem in contravention of any order made under subsection (1) is guilty of an offence. 17. Penal 17. (1) Whoever is guilty of an offence under section 8 is liable on summary conviction to a fine of one hundred dollars and to imprisonment for three months. (2) Whoever is guilty of an offence under section 13 or 14(4) is liable on summary conviction to a fine of four hundred dollars and to imprisonment for one year. (3) Whoever is guilty of any other offence against this Law is liable on summary conviction to a fine of two hundred dollars and to imprisonment for six months. I8. Saving with regard to other laws I8. Nothing in this Law shall derogate from the provisions of any other law relating to unlawful assembly, riot, control of traffic or maintenance of order in public places or otherwise in any way abridge or affect the powers of a justice of the peace, constable or other person in relation to any apprehended or actual breach of the peace or otherwise; and the existence of a permit in relation to a procession shall not render any procession lawful which is unlawful under any other law. Publication in revised form authorised by the Governor in Council this 9th day of September, 1997. Carmena H. Parsons Clerk of Executive Council Page 10 Revised as at 9th day of September, 1997 c