PART 4 | Interpretation of this Part |
| 25. For the purposes of this Part, “place of public resort”, “public place” and expressions of similar meaning are deemed to include every estate, factory or place in which 10 or more workmen are employed. |
| Disorderly or indecent behaviour by prostitutes |
| 26. Every common prostitute wandering in any public road or place of public resort and behaving in a disorderly or indecent manner is deemed to be an idle and disorderly person within the meaning of this Part and shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month. |
27.—(1) Every person —| (a) | committing an offence under section 26, after having been previously convicted as an idle and disorderly person; | | (b) | pretending or professing to tell fortunes in any manner which causes or is likely to cause a public nuisance, or using any subtle craft, means or device, by palmistry or otherwise, to deceive and impose upon any person; | | (c) | wilfully exposing to view, in any street, road, highway or public place, any obscene print, picture or other indecent exhibition; | | (d) | wilfully, openly, lewdly and obscenely exposing his or her person in any street, road or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female; | | (e) | going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; | | (f) | having in his or her possession without lawful excuse any instrument or material with intent to commit any offence; | | (g) | being found in or upon any dwelling house, or premises for the custody of property, or in any enclosed yard, garden or area, for any unlawful purpose; or | | (h) | arrested as an idle and disorderly person who violently resists arrest and being subsequently convicted of the offence for which he or she was arrested, |
| is deemed to be a rogue and vagabond within the meaning of this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. |
| (2) Every suspected person or reputed thief, frequenting or loitering in or about any river, canal or navigable stream, dock or basin, or any quay, wharf or warehouse near or adjoining thereto, or any street, highway or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, highway or place adjacent thereto, or in any highway or any place adjacent to a street or highway, with intent to commit an arrestable and non‑bailable offence, is deemed to be a rogue and vagabond within the meaning of this Part and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. |
| (3) In proving the intent mentioned in subsection (2), it is not necessary to show that the person suspected was guilty of any particular act or acts tending to show his or her purpose or intent, and the person may be convicted if, from the circumstances of the case, and from his or her known character as proved to the court, it appears that his or her intent was to commit an arrestable and non‑bailable offence. |
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| Appearing nude in public or private place |
27A.—(1) Any person who appears nude —| (a) | in a public place; or | | (b) | in a private place and is exposed to public view, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. |
| (2) For the purpose of this section, the reference to a person appearing nude includes a person who is clad in such a manner as to offend against public decency or order. |
| (3) Where an offence under this section is committed in a private place, it is lawful for a police officer to enter the private place without the authority of the owner or occupier of the private place to effect the arrest of the offender. |
| (4) In effecting entry under subsection (3), it is lawful for a police officer to use such force as may be necessary to enter the private place. |
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| Any person may arrest offender |
| 28. It is lawful for any person whatsoever to arrest any person found offending against this Part and to deliver him or her to any police officer. |
| Search of conveyance or goods of person arrested |
| 29. Any police officer or other person arresting any person charged with being an idle and disorderly person, or a rogue and vagabond, may take any vehicle or goods in the possession of that person as well as that person before a police officer to be searched in the presence of the police officer. |
| Search of premises for idle and disorderly person and rogue and vagabond |
| 30. A Magistrate before whom information has been duly sworn that any person described to be an idle and disorderly person, or a rogue and vagabond, is or is reasonably suspected to be harboured or concealed in any hotel, boarding house, lodging house or eating house, may authorise any police officer to enter at any time into any such hotel, boarding house, lodging house or eating house and to arrest every such idle and disorderly person, rogue and vagabond found therein. |
| Magistrate may take recognisances for good behaviour in certain cases |
| 31. It is lawful for any Magistrate before whom any person is convicted under this Part to call upon the person convicted to execute a bond with sureties for the person’s good behaviour in lieu of being punished but the Magistrate must not so call upon any person who has been convicted for the second time of being a rogue and vagabond. |
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