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LCQ1: Public meetings and public processions

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Following is the question by the Hon James To and a reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (January 22):

Question:

Under the Public Order Ordinance, the Commissioner of Police may impose conditions in respect of public meetings and public processions. In this connection, will the Government inform this Council of:

(a) the criteria and restrictions that the Commissioner should observe in determining the conditions to be imposed;

(b) the conditions imposed by the Commissioner in respect of the public meeting and public procession held on December 15 last year by various groups to oppose the enactment of laws to implement Article 23 of the Basic Law; and

(c) the procedure followed by the authorities in dealing with cases in which the conditions imposed by the Commissioner were contravened during public meetings and public processions?

Reply:

President,

(a) Under sections 11(2) and 15(2) of the Public Order Ordinance (POO), the Commissioner may, where he reasonably considers it necessary in the interests of national security or public safety, public order or the protection of the rights and freedoms of others, impose conditions in respect of a public meeting or procession. Sections 9(4) and 14(5) of the Ordinance stipulate that if the Commissioner reasonably considers that the interests of national security or public safety, public order or the protection of the rights and freedoms of others could be met by the imposition of conditions, he shall not exercise his power to prohibit the holding of a public meeting or object to the holding of a public procession.

When determining the conditions, the principal criteria is to ensure public order and the safety of the participants of the public meeting or procession and other members of the public. At the same time, the event will be facilitated as long as it does not hinder the rights and freedoms of others.

(b) As regards the public meeting and procession held on December 15 last year by various groups to oppose the enactment of laws to implement Article 23 of the Basic Law, the Commissioner imposed some conditions in accordance with sections 11(2) and 15(2) of the POO. For details, please refer to the annex of the reply that has been distributed to Members. The 21 conditions were imposed by the Commissioner in the interest of public safety and public order. For example, the organizer was asked to arrange enough marshals to maintain the order of the public procession; to ensure that no dangerous goods are carried in the vehicles participating in the procession; etc.

(c) In the event that the conditions imposed by the Commissioner are contravened during public meetings or processions, the police commander at scene or an officer designated by him will give a verbal warning to the person-in-charge of the event. Further warnings will be issued should the contravention persist or other breaches occur. The event will normally be allowed to proceed if it remains peaceful and does not affect public order or public safety. However, evidence will be collected and legal advice will be sought on whether prosecution action should be taken.

Annex

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Conditions imposed by Commissioner of Police on the public meeting and procession held on December 15, 2002 to oppose the enactment of laws to implement Article 23 of the Basic Law

(A) The public meeting and procession shall be conducted on December 15, 2002 (Sunday) at the following time and venue -

(i) The public meeting - from 1 pm to 3 pm

To be conducted at the area adjacent to the fountain at Victoria Park;

(ii) The public procession following the public meeting - from 3 pm to 5 pm

To take the following route from Victoria Park to Central Government Offices -

The fountain at Victoria Park, Causeway Bay (starting point) - Causeway Road (westbound) via the Gate No.4 of Victoria Park and joining the five vehicles pulling out from Moreton Terrace - Causeway Road (westbound) - Irving Street (westbound) - Pennington Street (northbound) - Yee Wo Street (westbound) - Hennessy Road (westbound) - Queensway (westbound) - Queen's Road Central (westbound) - Battery Path - Central Government Offices (finishing point)

(iii) The public meeting following the public procession - from 5 pm to 6 pm

To be conducted inside the designated area at Central Government Offices.

(B) The organizer: -

(i) shall comply with directions given to him by any police officers in due performance of and compliance with the conditions of this notice;

(ii) shall ensure that the number of participants does not exceed 5 000;

(iii) shall arrange at least 100 marshals to maintain the order of the public procession. The marshals should be clearly identified by colour stickers or arm-bands;

(iv) shall ensure that not more than five vehicles (private car or light goods vehicle only) will take part in the procession. The vehicles shall be examined by the police to ensure that they are in safe working conditions and suitable for travelling;

(v) the five vehicles shall be parked at Moreton Terrace before the procession starts. When the procession is about to leave the Gate No.4 of Victoria Park, the leading vehicle, which will be guided by police officer, should wait on the rightmost westbound lane outside the Gate No.4 in Causeway Road. The remaining four vehicles should join the procession as and when appropriate under the instruction and guidance of the Police. The last vehicle should be at the back of the procession;

(vi) shall ensure that all participants follow the Police's instruction to leave the meeting area in Victoria Park to join the procession in an orderly manner, and that the whole procession should take place on the leftmost lane (except in a section of the westbound carriageway of Causeway Road). No one is allowed to stay on the right lane unless permission is obtained from a police duty officer having regard to the traffic condition at the scene;

(vii) shall ensure that when the procession reaches the junction of Queen's Road Central and Ice House Street, the vehicles participating in the procession should leave and should not proceed to any further destination except the leading vehicle, which can park at the lay-by area outside the Central Government Offices on Lower Albert Road;

(viii) when the procession reaches the designated area at the Central Government Offices to start the meeting and if the designated area cannot accommodate all the participants, shall ensure that those who cannot enter the area will wait in an orderly manner along Battery Path outside the West Gate of the Central Government Offices following the instruction of the police officers there. If it deems fit, the left westbound lane of Queen's Road Central at the junction of Garden Road and Ice House Street will be cordoned off as the waiting area for the participants;

(ix) shall ensure that no undue obstruction is caused to vehicular and pedestrian traffic along the procession;

(x) shall ensure that the number of passengers on board of the vehicles does not exceed the legal capacity;

(xi) shall ensure that no dangerous goods are carried in the vehicles participating in the procession;

(xii) shall ensure that anything attached to the vehicles participating in the procession are secured and would not obstruct the sightline of the drivers or cause any dangers to other road users;

(xiii) shall ensure that the working order and structure of the vehicles participating in the procession are suitable for travelling, and comply fully with the provisions of the Road Traffic Ordinance (Cap. 374) and the relevant subsidiary legislations at all times;

(xiv) shall ensure that after the meeting at Central Government Offices, the whole group shall disperse therefrom at 6 pm without proceeding to any further destination;

(xv) shall arrange workers to clear the area at the end of the public procession;

(xvi) shall ensure that no hawking activity is carried out by any participants without a licence issued by the Food and Environmental Hygiene Department;

(xvii) shall ensure that no collection of money, sale or transaction activity is undertaken by any participants except under and in accordance with a permit issued under section 4(17) of the Summary Offences Ordinance (Cap. 228) by the Director of Social Welfare or Secretary for Home Affairs; and

(xviii) shall ensure that no posters/notices or other objects are to be fixed on to the wall(s) of any building without the written permission of the owner or occupier thereof or left in any public location where it is likely to cause an obstruction.

End/Wednesday, January 22, 2003

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