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The existing Public Order Ordinance (POO) is not a "resurrection" of the ordinance in the pre-1995 days. In many ways, the more relaxed measures introduced through amendments to the POO in 1995 have been retained, a Government spokesman said today (October 3).

He was speaking in response to criticism that the existing POO is a "resurrection of a draconian law".

The spokesman pointed out that prior to 1995, a licence from the Commissioner of Police (CP) was required for holding a public procession. The present system is one of notification to the CP rather than applying for a licence. The CP is required to issue a "Notice of No Objection" to the organiser within a specified time limit if he has no objection.

"Few people seem to realise that even under the 1995 amendments to the POO, organisers of public processions were also required to notify the Police in writing seven days in advance. Moreover, the CP could prohibit notified public processions and meetings on the grounds of public order and public safety.

"The notification requirement and the prohibition power of the Police are not new measures as a result of the 1997 amendments," he explained.

"For organisers of public processions, the present 'notice of no objection' system in fact provides greater clarity. This is because the CP is now required by law to indicate whether he objects to the holding of a particular public procession and state the reasons for refusal," he said.

He added that prior to 1995, no licence was required for a public procession if it comprised no more than 20 persons. After the 1995 amendments, notification was exempted for public processions with no more than 30 persons. This relaxation in the number of participants has been retained even after the 1997 amendments.

As for public meetings, a notification system has always been in place whether before or after 1995. Liberalisation of the POO in 1995, under which the notification exemption for public meetings with no more than 30 persons was extended to public meetings comprising no more than 50 persons, was again retained after 1997.

Refuting allegations that the existing POO is too "draconian", the spokesman stressed that provisions of the ordinance regarding public assembly were specifically formulated so that they conform with the International Covenant on Civil and Political Rights (ICCPR).

The spokesman also rejected claims that the Police had singled out students for clamping down on unauthorised assemblies.

"All cases of unauthorised public processions or meetings are evaluated independently having regard to the circumstances of the event. Investigations are usually conducted where a breach of the peace has occurred.

"The Police are just carrying their duties in accordance with the law," he said.

End/Tuesday, October 3, 2000

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