revise the time limit for the
the
Commissioner of Police to prohibit a notified meeting or procession to 48 hours before the scheduled time of event.
Moreover, we recommend that no meeting or procession may be prohibited, provided the venue to be used is available, unless the holding of the meeting or procession would be contrary to the interests of public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others. This is consistent with ICCPR provisions.
Conditions affecting Meetings and Processions
17
Section 11(1) of the Ordinance provides for the Governor in Council by order to prescribe general conditions applying to the holding of public meetings.
Conditions currently so prescribed are set out in the Public Order (Public Meetings) (General Conditions) Order.
The Ordinance also empowers the Commissioner of Police to impose at his discretion additional conditions for the conduct of meetings and processions.
18
(a)
(b)
We recommend that
section 11(1) and the existing General Conditions should be repealed. Fundamental requirements and obligations, which must be observed by every organiser of and participant at public meetings and processions, should be incorporated in the Ordinance proper. These fundamental conditions will be consistent with the ICCPR;
the Commissioner of Police should retain his power to impose special conditions which are in the interests of public order and safety. The breach of a special condition would not be an offence as such, but would empower the Police to order the meeting or procession to stop. (4)
(4)
Where Urban or Regional Council facilities are to be used the Commissioner of Police will normally expect to consult the imposed.
Councils
on
any conditions to
be
CONFIDENTIAL