3. The Second Schedule to the Public Order (Exempt Assemblies and Processions) Order 2009 is amended by inserting, immediately after item 4, the following items:“5.—(1) A public procession on the day of nomination at an election under the Parliamentary Elections Act (Cap. 218) —(a) | comprising one or more persons moving substantially as a body of persons in succession starting —(i) | before the close of nomination proceedings and from a place of assembly within the fenced compound around a place of nomination for that election, and proceeding by a common route within that compound; | (ii) | before the close of nomination proceedings and from a place of assembly outside the fenced compound around a place of nomination for that election, and proceeding by a common route that is the nearest route (ordinarily about 200 metres) used to travel to an entrance or exit of that compound; or | (iii) | after the close of nomination proceedings and from the fenced compound around a place of nomination for that election, and proceeding by a common route that is the nearest route (ordinarily about 200 metres) to any place outside that compound; |
| (b) | the purpose of which is to show support —(i) | for any person or group of persons seeking nomination as a candidate or group of candidates at that election; or | (ii) | for any candidate or group of candidates in that election at or about the time the Returning Officer or an Assistant Returning Officer declares or is to declare a candidate or group of candidates to be elected under section 33(1) of that Act; |
| (c) | before, during and after which none of the following is carried out by any organiser or participant of the procession:(i) | the display or exhibition of any placard, banner, flag, poster, photograph, film, sign, writing or other visible representation; | (ii) | singing; or the playing of any radio or other musical equipment, any drum, cymbal, gong or other musical instrument; | (iii) | the playing of any radio or other musical equipment, any drum, cymbal, gong or other musical instrument; | (iv) | the shouting of any slogan, jingle or other advertising technique designed to have, or likely to have, the effect of promoting a political party, candidate or person seeking nomination as a candidate at that election instead of communicating a factual message; | (v) | the use of any loudspeaker; and | (vi) | the use of threatening, abusive or insulting words or behaviour that is threatening, abusive or insulting; |
| (d) | at which no organiser or participant of the procession, from the first assembly of the procession to the time it disbands, stops anywhere to make a speech or give an interview; and | (e) | the conduct of which does not cause or result in obstruction or inconvenience on any public road, bridge, landing place, or in any other public place. |
(2) In this item, “candidate”, “group”, “Returning Officer”, “Assistant Returning Officer”, “day of nomination” and “place of nomination” shall have the same meanings, respectively, as in the Parliamentary Elections Act (Cap. 218). |
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6.—(1) A public procession on nomination day at an election under the Presidential Elections Act (Cap. 240A) —(a) | comprising one or more persons moving substantially as a body of persons in succession starting —(i) | before the close of nomination proceedings and from a place of assembly within the fenced compound around a nomination place for that election, and proceeding by a common route within that compound; | (ii) | before the close of nomination proceedings and from a place of assembly outside the fenced compound around a nomination place for that election, and proceeding by a common route that is the nearest route (ordinarily about 200 metres) used to travel to an entrance or exit of that compound; or | (iii) | after the close of nomination proceedings and from the fenced compound around a nomination place for that election, and proceeding by a common route that is the nearest route (ordinarily about 200 metres) to any place outside that compound; |
| (b) | the purpose of which is to show support —(i) | for any person seeking nomination as a candidate at that election; or | (ii) | for any candidate in an election at or about the time the Returning Officer is to declare a candidate to be elected to the office of President under section 15(1) of that Act; |
| (c) | before, during and after which none of the following is carried out by any organiser or participant of the procession:(i) | the display or exhibition of any placard, banner, flag, poster, photograph, film, sign, writing or other visible representation; | (ii) | singing; or the playing of any radio or other musical equipment, any drum, cymbal, gong or other musical instrument; | (iii) | the playing of any radio or other musical equipment, any drum, cymbal, gong or other musical instrument; | (iv) | the shouting of any slogan, jingle or other advertising technique designed to have, or likely to have, the effect of promoting a candidate or person seeking nomination as a candidate at that election instead of communicating a factual message; | (v) | the use of any loudspeaker; and | (vi) | the use of threatening, abusive or insulting words or behaviour that is threatening, abusive or insulting; |
| (d) | at which no organiser or participant of the procession, from the first assembly of the procession to the time it disbands, stops anywhere to make a speech or give an interview; and | (e) | the conduct of which does not cause or result in obstruction or inconvenience on any public road, bridge, landing place, or in any other public place. |
(2) In this item, “candidate”, “Returning Officer”, “nomination day” and “nomination place” shall have the same meanings, respectively, as in the Presidential Elections Act (Cap. 240A).”. |
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