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LCQ13: Public meetings, processions and demonstration
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     Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by the Dr Hon Priscilla Leung in the Legislative Council today (June 26):

Question:

     Recently, some members of the community have initiated the Occupy Central movement, and they hope that at least 10 000 people will participate in the movement.  In this connection, will the Government inform this Council:

(a) whether it has assessed, when 10 000 people occupy the main roads in Central, how the traffic, public space and daily commercial activities in Central might be affected, the number of police officers needed to maintain order at the scene, the impact on the routine policing duties, and the additional public expenditure to be incurred; if it has conducted such an assessment, of the outcome; if not, the reasons for that;

(b) whether the Police and the relevant government departments have formulated contingency plans to ensure that the traffic on the main roads and the economic activities in the core commercial areas in Central will not be paralysed should the main roads in Central be occupied; if they have, of the contents of such plans; if not, the reasons for that; and

(c) whether it has assessed, under the existing legislation, the criminal liabilities to be borne by the persons initiating and participating in the action of occupying the main roads in Central, as well as the penalties for the relevant offences?

Reply:

President,

     Hong Kong residents enjoy the rights of assembly, procession and demonstration according to the Basic Law and other relevant laws.  The Police always handle public meetings, processions and demonstration in a fair, just and impartial manner in accordance with the laws of Hong Kong.  The enforcement policy of the Police is to endeavour to strike a balance by facilitating all lawful and peaceful public meetings, demonstrations and processions on the one hand, and on the other hand, reducing the impact of such activities on other members of the public or road users, and ensuring public order and public safety.

     My reply to Dr Hon Leung's question is as follows:

(a) & (b) The Administration is very concerned about the "Occupy Central" initiated by some members of the community.  According to reports, some members of the community hope to rally over 10 000 people to occupy trunk roads in Central as a means to express their aspirations.  We understand that there are concerns from quite a number of organisations and individuals over the impact of "Occupy Central" on the community, including disruption of social order, damage to the local economy and the business environment, undermining of Hong Kong's competitiveness and, consequently, withdrawal of business by the multinational corporations.  

     We have to reiterate that when expressing their views, participants of public meetings, demonstrations or processions should, under the premise of observing the laws of Hong Kong, conduct such activities in a peaceful and orderly manner. Participants of public processions and demonstrations should not engage in any behaviour to the detriment of public order or any act of violence.  If there is any occupancy of trunk roads in Central, collectively paralysis of traffic, blocking up of public thoroughfares, etc. by over 10 000 people, it will cause grave impact on social order and public safety and even affect the emergency services rendered to the public,  thereby threatening lives and property of the public.  The Hong Kong Police Force is a professional law enforcement agency and has the duty to take decisive enforcement actions according to the law against any contravention of the law, breach of peace or public order and to restore social order and public safety.  The Police will, in the light of the prevailing circumstances, adopt appropriate measures to ensure public order and protect public safety.

     Under the Public Order Ordinance (the Ordinance), any public meeting or procession the attendance of which exceeds the limit prescribed in the Ordinance, i.e. public meetings of more than 50 persons and public processions of more than 30 persons, shall give a notice to the Commissioner of Police (CP) not less than seven days prior to the intended event, and it can only be conducted if CP does not prohibit or object to it.  The notice shall cover such basic information as the date of the public meeting or procession, time of commencement and duration, location or route, subject-matter, as well as the estimated number of participants, etc.  CP may impose condition(s) on a notified public meeting or procession to ensure order of the event and overall public safety, and the corresponding condition(s) imposed will be stated explicitly in the "letter of no objection" issued to the organisers.  Organisers may appeal to the statutory and independent Appeal Board on Public Meetings and Processions (the Appeal Board) if they consider CP's decision unreasonable.  Chaired by a retired judge, the Appeal Board, consisting of three other members selected in rotation from a panel of 15 members, can be convened at short notice upon receipt of an appeal application.  The Court of Final Appeal pointed out in a judgment that Hong Kong's statutory requirement for notification is widespread in jurisdictions around the world.  It also affirmed that such statutory requirement for notification is constitutional, and is required to enable the Police to fulfill their duties by taking reasonable and appropriate measures, thereby facilitating lawful assemblies and demonstrations to take place in a peaceful manner.

     The Police appeal to any person planning to organise public order events with the number of attendance exceeding the limit prescribed in the Ordinance should approach the Police as early as possible for discussion of the specific arrangements so that corresponding measures can be formulated and adopted, whereby facilitating the concerned activities to be conducted in a peaceful manner, minimising the impact on other members of the community and ensuring public order and public safety.

     The extent of resources to be deployed by the Police in handling individual public order events depends upon the nature of the events, the number of participants, locations and actual circumstances on the spot.  Based on the past experiences, the Police would require substantial manpower and resources when handling large-scale public order events including public processions and demonstrations, to ensure public order and public safety.

(c) In relation to the criminal liabilities that the participants of "Occupy Central" may face, the Administration will not comment on any hypothetical scenarios.  However, when expressing their views, participants of public meetings, demonstrations or processions should, under the premise of observing the laws of Hong Kong, conduct themselves in a peaceful and orderly manner.  Participants of processions and demonstrations should not engage in any behaviour to the detriment of public order or any act of violence.

Ends/Wednesday, June 26, 2013
Issued at HKT 16:47

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