Page:Prohibition on Face Covering Regulation (Cap. 241K).pdf/2

Prohibition on Face Covering Regulation L.N. 119 of 2019 Section 3 3. Use of facial covering in certain circumstances is an offence

(1) A person must not use any facial covering that is likely to prevent identification while the person is at—
 * (a) an unlawful assembly (whether or not the assembly is a riot within the meaning of section 19 of Cap. 245);
 * (b) an unauthorized assembly;
 * (c) a public meeting that—
 * (i) takes place under section 7(1) of Cap. 245; and
 * (ii) does not fall within paragraph (a) or (b); or
 * (d) a public procession that—
 * (i) takes place under section 13(1) of Cap. 245; and
 * (ii) does not fall within paragraph (a) or (b).

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year.

4. Defence for offence under section 3(2)

(1) It is a defence for a person charged with an offence under section 3(2) to establish that, at the time of the alleged offence, the person had lawful authority or reasonable excuse for using a facial covering.

(2) A person is taken to have established that the person had lawful authority or reasonable excuse for using a facial covering if—
 * (a) there is sufficient evidence to raise an issue that the person had such lawful authority or reasonable excuse; and
 * (b) the contrary is not proved by the prosecution beyond reasonable doubt.