LCQ7: Arrests and prosecutions in relation to public order events
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     Following is a question by the Hon Gary Fan and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (March 25):

Question:

     Some participants in social movements have relayed to me that since the occurrence of the occupation movement on September 28 last year, the Police have spared no efforts in suppressing social movements, including making indiscriminate arrests and prosecutions of the persons concerned.  In this connection, will the Government inform this Council:

(1) of the numbers of people demanded to produce their identity cards, and had the relevant information of them recorded, by police officers because of their participation in various kinds of social movements (including the occupation movement, "shopping tour" protests and "anti-parallel goods smugglers" protests) since September 28 last year (set out separately in the table below), the purposes of the Police recording such information and the uses of such information;

Social movement                  Number of people
---------------                  ----------------
Occupation movement

"Shopping tour" protest

"Anti-parallel goods
smugglers" protest

Others (list separately)

(2) of the numbers of people arrested since September 28 last year because of their participation in various kinds of social movements (set out separately in the table below); and

Social movement                  Number of people
---------------                  ----------------
Occupation movement

"Shopping tour" protest

"Anti-parallel goods
smugglers" protest

Others (list separately)

(3) of the respective numbers of people arrested for alleged commission of offences while participating in social movements from January 2013 to August last year and since September 28 last year and, among them, the numbers of people under (ii) to (v) in the table below (set out in tables of the same format as the table attached)?

Reply:

President,

     The duty of the Police as a professional law enforcement agency is to maintain law and order.  Police deal with all unlawful acts in the same manner, and treat all members of the public, including those participating in "social movements" or public order events (POEs), equally.  Only when there are suspected illegal acts shall arrests be made in accordance with the law.  That the Police have been "suppressing social movements" and "making indiscriminate arrests and prosecutions" etc. as purported is never to be agreed. The political stance of the arrestees is definitely not a consideration for prosecution.  All prosecutions against persons arrested in relation to POEs are appropriately handled according to the established guidelines.

     Hong Kong residents enjoy the freedom of and the right to peaceful assembly, procession and demonstration under the Basic Law. It has been the policy of the Police to strike a balance between facilitating all lawful and peaceful public meetings and reducing the impact of such meetings on the community and road users, and to ensure public order and public safety. Any person who plans to organise a POE with an attendance exceeding the stipulated limit should inform the Police in accordance with the law of the specific arrangement of the event as soon as possible so that the Police may draw up and adopt corresponding measures to facilitate the conduct of the event, and ensure public safety and public order. Participants of POEs have to remain law-abiding, peaceful and orderly when expressing their views and refrain from behaviour that is detrimental to public order or violent.

     From the illegal "Occupy Movement" that went on for 79 days last year to the recent spate of so-called "shopping tour" and "anti-parallel trader" activities, there were various forms of unruly behaviour, verbal abuses, nuisances, violent acts and wilful disruption, seriously upsetting the rule of law, public safety and social order in Hong Kong.  The HKSAR Government has expressed its severest condemnation of such blatant defiance of the law. The Police will definitely take resolute enforcement actions against illegal acts, which are by no means tolerated.

     Our reply to Hon Gary Fan's question is as follows:

(1) Police officers may, in accordance with the law, demand any person to produce proof of identity for inspection. The Police do not have such statistical figures by POE.

     Police officers shall ensure that such personal data are recorded for the lawful purpose of execution of duties and that the data so recorded are no more than necessary. Police will conduct investigation of suspects with regard to individual cases and different circumstances. Personal data recorded during law enforcement shall be handled in accordance with the established procedures by the Police to ensure that there shall be no contravention of the Personal Data (Privacy) Ordinance.

(2) and (3) During the illegal "Occupy Movement" in 2014, 955 persons were arrested for various alleged offences.  As at March 15 this year, 48 persons were arrested after the Movement.

     As for the so-called "anti-parallel trader" activities staged in different places in Hong Kong on several weekends in February and March this year, the Police arrested 69 persons in total as at March 15.

     Except for the above POEs which are of greater concern, the Police do not have relevant statistics of other POEs by purpose and subject-matter.

     Figures on arrest and prosecution in relation to POEs in 2013, 2014 and 2015 (as at February 28) are at Annex.

Ends/Wednesday, March 25, 2015
Issued at HKT 15:31

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