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Provisions relating to criminal sanction in the Public Order Ordinance (POO) are necessary to ensure that public meetings and public processions are conducted in an orderly manner, a Government spokesman said today (November 25).

In response to the Bar Association's criticism that it was unconstitutional to criminalise a peaceful assembly or procession simply on the ground of failure to give notice, the spokesman said there was little doubt that criminal sanction was required to enforce and uphold the integrity of the notification requirement of public processions and assemblies.

"Those preventive provisions are necessary to ensure that public meetings and processions are conducted in an orderly manner," he said.

On the punishment of participants, the spokesman pointed out that under the POO, only participants who "without lawful authority or reasonable excuse, knowingly take or continue to take part in" an unauthorised assembly would be guilty of the offence.

"In other words, those who participate have reasonable excuse or who have no knowledge of the assembly being an unauthorised one cannot commit the offence.

"There will be difficulties if only organisers, but not participants, are punished. Sometimes, organisers may not turn up at the procession and it may not always be easy to identify the organisers of the procession," the spokesman explained.

Turning to the notification requirement, the spokesman reiterated that the seven days' notice was reasonable as sufficient time should be allowed for the Police to deploy personnel to maintain law and order.

"The most important question for consideration is the circumstances in Hong Kong. Specifically, there is a question of pedestrian and traffic congestion in many areas.

"Any further relaxation may cause a concern in the adequate maintenance of law and order by the police," he stressed.

The spokesman also pointed out that the Administration did not consider that the Police were charged with excessive powers under the POO.

"There are adequate safeguards under the Ordinance to ensure that the Police will not abuse their powers. To mention a few, the Police are required to give reasons to object to or prohibit a public procession.

"In addition, organisers unhappy with the Police decision have a right to appeal to an independent board of appeal. Further, any aggrieved person may also seek remedy in the form of judicial review should the Police be acting unlawfully.

"So far no complaint has been raised about the appeal mechanism or the procedure. There is no question of the appeal board not functioning effectively," the spokesman added.

He stressed that freedom of peaceful assembly was not absolute but relative.

"There is the question of balancing that freedom with the interests of others as recognised by International Covenant on Civil and Political Rights," he said.

End/Saturday, November 25, 2000

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