PUBLIC MEETINGS ORDINANCE

PUBLIC MEETINGS

CHAPTER 68

PUBLIC MEETINGS ORDINANCE

To repeal and to re-enact with amendments the law relating to Public

Meetings and Assemblies.

(12th June, 1931) *

ORDINANCE XX of 1931, as amended by Ordinance VIII of 1933; Act

XXX of 1955; Ordinances: XX of 1959, XXV of 1962; Legal Notices: 4 of

1963, 46 of 1965; Acts: XXII of 1971, LVIII of 1974, XXII of 1976, XI of

1977, VIII of 1982, XIII of 1983 and XIII of 1993; and Legal Notice 408 of

2007.

The short title of this Ordinance is the Public Meetings

Ordinance.

In this Ordinance -

"demonstration" or "public demonstration" means any assembly

or gathering of more than twenty persons in any public street,

square or open space, having for its object the common public

manifestation of welcome, approval or condemnation; and except

for the purposes of articles 20 to 23 of this Ordinance does not

include a spontaneous demonstration;

"meeting" or "public meeting" means any gathering of more than

twenty persons assembled for the public discussion of any matter,

in any public street, square or open space and includes a

demonstration;

"spontaneous demonstration" means a demonstration which is

not organised or advertised beforehand.

Every person over the age of eighteen years and every

association of such persons shall be allowed to hold a public

meeting, provided that

(i)

notice thereof in writing is given to the

Commissioner of Police not earlier than eight

days nor later than forty-eight hours before the

meeting;

(ii) the said notice of the meeting, if it is to be held

in the island of Malta, is delivered by hand at the

office of the Commissioner of Police and if the

meeting is to be held in the island of Gozo or

Comino, is delivered by hand at the office of the

Commissioner of Police or alternatively at the

office of the senior Police officer, Gozo, in the

Victoria Police station;

(iii) the delivery of a notice as aforesaid is effected

between the hours of 8.30 a.m. and 4.00 p.m.

during the period from 1st October of any year

to 3lst May of the next succeeding year and

*See Proclamation No. XXI of the 12th of June, 1931.

PUBLIC MEETINGS

between the hours of 8.00 a.m. and 3.00 p.m.

during the period from 1st June to 30th

September.

The said notice shall specify

(a) whether the object of the notice is a demonstration or

any other meeting;

(b) the place, date and time of the meeting;

(c) the name and surname of the person giving the notice,

and his address

Provided that where the meeting is to be held by an

association, the notice shall be given by the secretary or his

representative, who shall together with his name, surname and

address also specify his office, the name of the association he

represents and its address.

(1) The Commissioner of Police shall give a receipt for the

said notice, stating therein the time at which the notice was

received.

(2) The Commissioner of Police shall moreover keep a record

showing in chronological order the notices received by him and

specifying the name of the person or association proposing to hold

the meeting, the date, time and place where the meeting is proposed

to be held and the date and time when the notice is given.

(3) When two or more persons whether as individuals or on

behalf of an association simultaneously give notice of their

intention of holding a meeting in the same locality and at the same

time, preference shall be given to the person whose name is

extracted at a ballot held by the Commissioner of Police or any

other Police officer deputed by him.

No public meeting shall be held before the lapse of forty-

eight hours from the notice referred to in article 3.

(1) The Commissioner of Police may order the public

meeting to which the notice refers to be held in a place other than

that stated in the notice; and may also order that the meeting shall

not be held on any day on which, in the town or village wherein it is

intended to hold the meeting, any public solemnity or festival is to

be held.

(2) For the purposes of this article the words "public

solemnity" shall include solemn functions held internally in any

church, which, it is reasonable to think, might be interfered with by

the sounds of speeches delivered at or by the commotion caused by

a public meeting held in the vicinity of that church.

No public open air meeting shall in any case be held in any

public street, or in any other public place than that assigned by the

Commissioner of Police under the provisions of the last preceding

article.

PUBLIC MEETINGS

(1) It shall not be lawful to return from a public meeting on

procession unless notice for such purpose, together with the details

of the route intended to be followed, has been given in writing to

the Commissioner of Police not earlier than eight days and not later

than six days before the meeting is due to be held and unless the

Commissioner of Police has signified his approval in writing.

(2) Any person who shall form part of a procession in

contravention of the last preceding subarticle shall be guilty of an

offence and liable on conviction to imprisonment for a term not

exceeding three months.

The Commissioner of Police may, with the authority of the

Minister responsible for the Police, make regulations for the

maintenance of good order on the occasion of any public meeting,

and for prescribing the giving of notice in respect of activities

referred to in article 7 of this Ordinance, including the time when

and the place where such notice is to be given. Regulations under

this article may prescribe among other things, the length of time

that public meetings may take, and the times during which public

meetings may commence or continue.

The Commissioner of Police or any other Police officer

deputed by him may attend any public meeting and choose his

place at such meeting.

Any person allowed to hold a public meeting under article

3 shall be bound to maintain the character of the meeting as

specified in the notice mentioned in that article.

Any public meeting held in contravention of articles 3, 4,

6, 7 and 8 shall be dispersed; and the promoters thereof shall, on

conviction, be liable to detention or to imprisonment for a term not

exceeding three months.

The Police may disperse a public meeting in each of the

following cases -

(a) if the person, or the representative of the association

allowed to hold the meeting under article 3 does no

present himself;

(b) if any seditious cries are uttered constituting a crime

against the safety of the Government or against public

peace;

(c) if any offence under the Criminal Code is committed

during the meeting.

(1) The order to disperse shall be given by distinct formal

intimations given by such means as the senior member of the Police

force present may deem adequate. For the purpose of giving such

intimation any member of the Police Force may use any public

address system which may be in use at the meeting.

(2) Should the said intimations fail to have effect the meeting

may be dispersed by the use of force.

PUBLIC MEETINGS

(3) It shall also be lawful to use force if no intimation can be

made owing to revolt or opposition.

(4) Any person refusing to obey the said intimations shall, on

conviction, be liable to imprisonment from three days to three

months.

(1) If after having been allowed, under article 3 of this

Ordinance, a meeting is not held and the person who was allowed

to hold the meeting fails, without just cause, the proof whereof

shall lie on him, to deliver not less than six hours before the time

fixed for the opening of the meeting a notice in writing of the

cancellation of such meeting at the office of the Commissioner of

Police or of any Police inspector if the meeting was to have been

held in Malta or alternatively at the office of the senior Police

officer, Gozo, in the Victoria Police station if the meeting was to be

held in the island of Gozo or Comino, that person shall be liable to

a fine (ammenda) of not less than forty-six euro and fifty-nine cents

(46.59) but not exceeding one hundred and sixteen euro and forty-

seven cents (116.47|)

Provided, however, that the justification provided for in this

article shall not be deemed established unless the notice therein

referred to is given immediately it became possible to give it.

(2) When a meeting proposed to be held is cancelled within the

prescribed time, the person who next gave notice of his intention to

hold a meeting at the same place, date and time of the meeting

which has been cancelled or, in the case provided for in subarticle

(3) of article 5, the person whose name was not extracted at the

ballot, shall be allowed to hold the meeting if he so wishes

Provided that if more than one person is eligible under this

subarticle, the provisions of subarticle (3) of article 5 shall apply.

Any person who shall disburse or pay or promise to pay

any sum of money or shall offer any other valuable consideration to

any other person for the purpose of breaking up a meeting lawfully

convened or of disturbing public peace at any such meeting, or in

any other way induces or attempts to induce any other person to

break up such a meeting, or to disturb the public peace at such a

meeting, and any person who shall afford the means of transport to

any person or persons or in any other manner organize or abet the

organization of any gathering of persons for the purpose of

breaking up a meeting lawfully convened or of disturbing public

peace at any such meeting, shall, on conviction, be liable to

imprisonment from seven days to four months.

Any person who shall form part of any assembly with

intent to break up a meeting lawfully convened or to disturb public

peace at any such meeting, shall, on conviction, be liable to

imprisonment from seven days to three months.

PUBLIC MEETINGS

(1) It shall be lawful for the Commissioner of Police, with

the approval of the Minister responsible for the Police, for reasons

of public order, to prohibit the holding of any public meeting in

respect of which notice has been given in terms of article 3.

(2) The President of Malta may by proclamation, for reasons of

public order, prohibit the holding of all public meetings for a

specified period not exceeding three months. Such prohibition may

be renewed for further periods each of which, however, shall not

exceed three months.

It shall be lawful for the Commissioner of Police for

reasons of public order to disperse any demonstration.

The President of Malta may, by proclamation, prohibit the

holding of all demonstrations in any place open to the public on any

particular occasion or for a specified period not exceeding three

months. Such prohibition may be renewed for further periods each

of which, however, shall not exceed three months.

The order for the dispersion of any demonstration held in

contravention of the last preceding article shall be given and may

be enforced in the manner set out in article 15.

Any person who shall take part in any demonstration held

in contravention of the provisions of articles 20 and 21, or who

shall not disperse after an intimation by the Police to that effect

shall, on conviction, be liable to imprisonment for a term not

exceeding three months or to a fine (multa).

Save as otherwise expressly provided, any offence against

this Ordinance or against any regulations made under article 10

shall be subject to the punishments established for contraventions;

provided that where the act constitutes a graver offence in terms of

the Criminal Code the provisions of such Code shall apply.