Page:Public Order Act 2009.pdf/19

20 :(c) which is not in compliance with any requirement imposed by section 8(1)(b) or any condition imposed under section 8(2) on persons taking part in that assembly or procession, shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $3,000.

(3) Where a person who is convicted or found guilty of an offence under subsection (1) or (2) is a repeat offender, the person shall be liable on conviction—
 * (a) if the person is one who organises an assembly or a procession—to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and
 * (b) if the person is one who takes part in an assembly or a procession—to a fine not exceeding $5,000.

(4) A person organising or taking part in an assembly or a procession who knowingly fails to comply with any direction of the senior police officer given under section 8(4) shall be guilty of an offence and shall be liable on conviction—
 * (a) in the case of a person organising an assembly or a procession—to a fine not exceeding $10,000; and
 * (b) in the case of a person taking part in an assembly or a procession—to a fine not exceeding $5,000.

(5) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1) or (2) if the person who is convicted, or found guilty, of an offence under subsection (1) or (2) (referred to as the current offence) has been convicted or found guilty of—
 * (a) an offence under subsection (1) or (2);
 * (b) an offence under section 5(4) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184) as in force immediately before the commencement of this section; or
 * (c) an offence under any rules made under section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act as in force immediately before the commencement of this section, in relation to any assembly or procession in any public road, public place or place of public resort held without a permit under those