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Following is a question by Hon Emily Lau and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (January 21):
Question:
Since 1996, Hong Kong Human Rights Monitor (HKHRM) has all along been sending observers to observe demonstrations that are of a more sensitive nature or higher risks. The observers make records of the situation on site in accordance with international standards, which will then be used for preparing reports, comments and recommendations, and they incorporate their observations into the human rights reports submitted by HKHRM to various human rights bodies of the United Nations (UN). However, the Director of HKHRM (the Director) has recently pointed out that during their operation to disperse the road occupiers in the vicinity of Lung Wo Road on October 15 last year, the Police restricted the observers' activities and even treated them rudely. He has also pointed out that according to the General Comment No. 34 on Article 19 of the International Covenant on Civil and Political Rights (ICCPR) published by the UN Human Rights Committee in 2011, it is normally incompatible with paragraph 3 of the article for a State party to restrict freedom of movement of journalists and human rights investigators within the State party (including to conflict-affected locations). In this connection, will the Executive Authorities inform this Council:
(1) as the Director has indicated that the Police did give a written undertaking to assist HKHRM observers in conducting their observations during demonstration and petition activities, of the relevant details; whether such written undertaking is still valid;
(2) whether the Police had, before the aforesaid dispersion operation, instructed the police officers responsible for the operation to assist the observers in their work; if the Police had, of the details; whether the authorities have received complaints about police officers obstructing the observers' work during the operation; and
(3) whether they have assessed if the Police had violated the aforesaid article of ICCPR in the dispersion operation; if they have not, of the reasons for that?
Reply:
President,
The Police always handle public order events 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 and processions on the one hand, and on the other hand minimising the impact of such activities on members of the public and road users, and ensuring public order and public safety.
Provisions of the International Covenant on Civil and Political Rights (ICCPR) applicable to Hong Kong, including Article 19 on the freedom of opinion and expression and Article 21 on the right of peaceful assembly, have been incorporated into the Hong Kong Bill of Rights Ordinance (Cap 383, Laws of Hong Kong). As stated in Article 19 of ICCPR and Article 16 of the Hong Kong Bill of Rights, the exercise of the right to freedom of expression carries with it special duties and responsibilities. It may therefore be subject to certain restrictions. In exercising the abovementioned rights, any person shall respect the rights of others and shall not compromise public order and public safety.
In handling the confrontations on Lung Wo Road and its vicinity on October 15, 2014, the Police took public safety, public order and reopening of the blocked roads as their primary tasks. On that day, some radical protesters vehemently charged the police cordon lines, threw objects from the overpass at the carriageway where traffic was running or set up obstacles on the road, resulting in a very dangerous and chaotic situation. After repeated but futile advice and warning, the Police took decisive enforcement actions to disperse protesters in the unlawful assembly so as to stop their acts that went against public safety and public order.
As a matter of fact, since 2012, the statutory Independent Police Complaints Council (IPCC) has, on a number of occasions, sent its members to conduct on-site observations over large scale processions and to attend procession preparatory meetings between the organisers and the Police, so as to assist members of IPCC in considering complaint cases arising from such events and allow them to have a more comprehensive understanding of public views and those of concern groups on the Police's handling of large scale public order events. In handling major public order events, the Police are subject to the independent and impartial monitoring by IPCC. Such monitoring shall be conducted in a lawful manner and cause no obstruction to police operations. The Police make proper arrangements to facilitate such monitoring work.
The Administration's reply to Hon Emily Lau's question is as follows:
(1) The Police and the representatives of the Hong Kong Human Rights Monitor met in July 2011 to exchange views on the Police's handling of public order events in detail. The Police stated clearly at the meeting that when handling public order events, they had the responsibility to take measures to balance the freedom and rights of protestors as well as those of others. The representatives of the Police also remarked that the Police respected the work of the organisation concerned and welcome independent and well balanced observation. The Police hoped that members of the organisation concerned would carry with them valid working identification and indicate their identities to the police officers on the scene when observing Police's enforcement operations, and that they would take into account their personal safety and co-operate with police actions when conducting observations.
(2) and (3) The Police will not restrict the organisation concerned from conducting their observations of large-scale public order events as long as they are lawful and do not obstruct police operations.
When an act posing danger to others is occurring or is about to occur in a large-scale public order event, the primary duty of the Police is to adopt lawful measures to maintain public order, ensure public safety and prevent injury to life and damage to property. In fact, emergencies always arise in a split-second amid confrontations and chaos, which may inflict casualties. In this connection, members of the organisation concerned must, when conducting observations, take into account their own safety and wear easily-identifiable clothing while at the same time co-operate with the Police and take heed of on-scene police officers' instructions to avoid hindrance to their operations.
Any person or organisation dissatisfied about the Police's enforcement operations may lodge a complaint, and the Complaints Against Police Office shall follow up on such a complaint under the statutory two-tier police complaints handling mechanism.
Ends/Wednesday, January 21, 2015
Issued at HKT 15:09
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