Public Order Act

PUBLISHING DETAILS Revised under the authority of the Law Revision Act (2020 Revision) The Public Order Law, 1973 as amended by the Cayman Islands Constitution Order 2009 (UKSI 2009 No. 1379), the Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No. 1283), the Civil Partnership Law, 2020 [Law 35 of 2020] and the Citation of Acts of Parliament Act, 2020 [Act 56 of 2020]. Originally enacted — Law 11 of 1973-4th July, 1973 Law 35 of 2020-4th September, 2020 Act 56 of 2020-7th December, 2020. Originally made — U.K. Order 2009-10th June, 2009 U.K. Order 2020-11th November, 2020. Revised this 31st day of December, 2024. Note (not forming part of this Act): This revision replaces the 1997 Revision which should now be discarded. PART 1 - Introductory PART 2 - Processions PART 3 - General Provisions I8. PART 1 - Introductory Short title This Act may be cited as the Public Order Act (2025 Revision). Definitions In this Act — “Commissioner” means the Commissioner of Police and every person acting under the Commissioner’s authority; “meeting” means an assembly or gathering of persons held for the purpose of the transaction of matters of public interest, for the discussion of such matters or for the purpose of the expression of views upon such matters; “offensive weapon” includes — (a) any firearm as defined in the Firearms Act (2025 Revision); and (b) any stick, rod, bar or similar implement or any stone, brick or other missile, whether similar to the foregoing or not, or any knife, catapult or similar implement unless it is proved to the satisfaction of the court that it was not intended to be used as such by the person charged; “permit” means a permit granted under section 5; “procession” means a public march or procession on a public place comprising (whether wholly or partly) pedestrians, vehicles (however propelled or drawn) or tricycles (however propelled), except a march or procession — (a) by any of His Majesty’s Services; (b) by the Royal Cayman Islands Police Service; which takes place as a component part of any religious ceremony, including a wedding or funeral, not being connected with any political demonstration or ceremony; or (d) by any other body approved by the Governor; “public meeting” includes any meeting in a public place and any meeting which the public or any section thereof are permitted to attend, whether on payment or otherwise; “public place” means any highway, street, public park or garden, any sea beach and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any open space and any premises to which, for the time being, the public have or are permitted to have access, whether on payment or otherwise; and “summary conviction” means conviction by a summary court. PART 2 - Processions Permit required for procession It shall not be lawful for any procession to take place unless a permit has been granted in respect thereof. Application for permit (1) Any person desiring to organise a procession shall, at least three days before such intended procession, make application to the Commissioner for a permit. (2) Every application for a permit shall set forth the names and addresses of the organisers of the procession, the proposed point of departure, route and point of termination of the proposed procession, the proposed date and times within which the procession will take place and an estimate of the number of people who are expected to take part. Power to grant or refuse permit (1) Upon receipt of an application made to the Commissioner under section 4(1), the Commissioner shall grant such application by issuing to the applicant a permit in writing, unless having regard to all the circumstances, the Commissioner has reasonable grounds for apprehending that the procession may give rise to public disorder, in which case the Commissioner may — (a) refuse to grant a permit; or (b) grant a permit subject to such directions and conditions to be observed by those organising or taking part in the procession as appear to the Commissioner to be advisable in the interests of the maintenance of public order, including conditions as to timing and routing the procession and prohibiting it from entering or making use of areas therein prescribed. (2) In any event, the Commissioner may impose conditions calculated to prevent obstruction of traffic and inconvenience to the public in general. (3) In the event of refusal by the Commissioner to grant a permit, or the imposition by the Commissioner of directions or conditions which appear to the applicant to be unduly onerous, the applicant may appeal to the Governor whose decision shall be final and binding on all persons. Control over procession taking place If the Commissioner has reasonable grounds for apprehending that a procession which is taking place may occasion public disorder, obstruct traffic or interfere unduly with the convenience of the public, the Commissioner may give directions imposing upon the persons organising or taking part in such procession such conditions as appear to the Commissioner to be desirable, including re-routing such procession and prohibiting it from entering any specified place; and in any directions so given may vary the directions or conditions attached to any permit. Leader of a procession may be required to call upon such procession to disperse (1) The Commissioner may require any person leading or controlling or appearing to lead or control any procession, otherwise than in accordance with the terms of a permit, to call upon such procession to disperse. (2) Whoever, being required under subsection (1) to call upon a procession to disperse, fails to comply forthwith with such requirement commits an offence Persons who take part in an unauthorised procession commit an offence Whoever takes part in any procession — (a) in respect of which a permit has not been obtained; or (b) otherwise than in accordance with the terms and conditions of a permit or conditions imposed under section 5(1), commits an offence. Organisation, etc., of an unauthorised procession is an offence Whoever organises, attempts to organise or incites, aids or abets any person to organise or take part in a procession, the taking part in which would be an offence under section 8, commits an offence. PART 3 - General Provisions Disorderly behaviour at meetings

Whoever, at any public meeting, acts in a disorderly manner likely to prevent or obstruct the transaction of the business of the meeting ommits an offence. Prohibition of conduct likely to lead to a breach of the peace

Whoever, in any public place or at any public meeting, uses threatening, abusive or insulting words, gestures or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, or incites any person to commit an unlawful act whereby a breach of the peace is likely to be occasioned, commits of an offence. Prohibition of offensive weapons

(1) Whoever, while present at a public meeting, has with that person (either openly or concealed about that person’s person) any offensive weapon otherwise than in pursuance of lawful authority commits an offence. (2) Whoever, at any time when any public meeting is in progress, has with that person any offensive weapon in any public place within earshot of any speaker at such meeting shall be deemed to have had such offensive weapon while present at such public meeting until that person proves affirmatively that that person’s presence in such public place was neither directly nor indirectly consequent upon the fact that such meeting was in progress at the time. (3) It is declared that — (a) the lawful possession of any licence or permit to carry a firearm in any public place shall not afford a defence to any proceedings under this section; and (b) a person shall be deemed to be within earshot of any speaker at any time when that person is at any point at which the voice of the speaker is audible notwithstanding that it would not have been so audible but for the use of a microphone, amplifier or other similar apparatus or device. (4) For the purpose of this section, no person shall be deemed to be acting in pursuance of lawful authority unless — (a) if the offensive weapon involved is a firearm, that person is acting in the capacity of a member of the armed services of the Crown or of a constable; or (b) if the offensive weapon is other than a firearm, that person is acting in the capacity of a servant of the Crown or member of a fire brigade. Incitement to racial hatred

Whoever — (a) knowingly publishes or distributes any written matter which is threatening, abusive or insulting; or (b) uses, in any public place at any public meeting, words which are threatening, abusive or insulting, being matter or words intended or which may reasonably be interpreted as likely to stir up hatred against any section of the public in the Islands distinguished by colour, race or creed, commits an offence. Power of search

(1) Subject to subsections (2) and (3), where any constable has reasonable cause to suspect that any person has concealed about that person any offensive weapon contrary to section 12, that constable may search such person and, if that constable considers it necessary, take such person to a police station for such purpose. (2) No article of a person’s clothing shall be removed for the purpose of any search authorised by subsection (1) unless such person is first taken to a police station. (3) No person shall be searched by any person not of the same sex. (4) Whoever resists or obstructs any search authorised by subsection (1) or who absconds before such search is concluded commits an offence. Power of arrest

A constable may arrest, without warrant, any person reasonably suspected by that constable to be committing or to have committed any offence against this Act. Prohibition of certain uniforms, emblems, etc.

The Governor may, by order, prohibit the wearing in public places or at public meetings or assemblies any uniform, distinctive dress or emblem by members or adherents of any organisation or association, whether incorporated or not, specified or described in such order, when it appears to the Governor that the members of that organisation or association are organised, trained or equipped for the purpose of enabling them to be employed — (a) in usurping the functions of the Royal Cayman Islands Police Service or of His Majesty’s armed services; or (b) for the purpose of the display of physical force in promoting any political or other object, or in such manner as to arouse reasonable apprehension that they are organised, trained or equipped for that purpose. (2) Whoever wears any prohibited uniform, distinctive dress or emblem in contravention of any order made under subsection (1) commits an offence. Penal

(1) Whoever commits an offence under section 8 is liable on summary conviction to a fine of one hundred dollars and to imprisonment for three months. (2) Whoever commits an offence under section 13 or 14(4) is liable on summary conviction to a fine of four hundred dollars and to imprisonment for one year. (3) Whoever commits any other offence against this Act is liable on summary conviction to a fine of two hundred dollars and to imprisonment for six months. I8. Saving with regard to other laws I8. Nothing in this Act shall derogate from the provisions of any other law relating to unlawful assembly, riot, control of traffic or maintenance of order in public places or otherwise in any way abridge or affect the powers of a justice of the peace, constable or other person in relation to any apprehended or actual breach of the peace or otherwise; and the existence of a permit in relation to a procession shall not render any procession lawful which is unlawful under any other law. Publication in consolidated and revised form authorised by the Cabinet this 21st day of January, 2025. Kim Bullings Clerk of the Cabinet Table of Legislation history: SL# Act/Law # Legislation Commencement Gazette UK 1283/2020 Cayman Islands Constitution (Amendment) Order 4-Dec-2020 GE99/2020/p1 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 Proc 5/2020 Proclamation 5 of 2020 - Proclaiming the commencement of the Cayman Islands Constitution (Amendment) Order UKSI 1283/2020 30-Nov-2020 GE97/2020/s3 35/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64/2020/s1 Proc 4/2009 Proclamation 4 of 2009 - Proclaiming the commencement of the Cayman Islands Constitution Order UKSI 1379/2009 23-Oct-2009 GE69/2009/p7 UK 1379/2009 Cayman Islands Constitution Order 2009 6-Nov-2009 G14/2009/s1 Public Order Law (1997 Revision) 16-Mar-1998 G6/1997/s15 11/1973 Public Order Law, 1973 2-Aug-1973 GN No.128/1973 (Price: $2.40)