CONFIDENTIAL

O

011715

MDHIAN 5985

HKB 01213

ECEIVED IN GEGISTRY

CONFIDENTIAL

FM HONG KONG

3 OMAY 1991

TO IMMEDIATE FCO

{

TELNO 1457

*NO

HECISTRY

TOP COPY Q DIST?

OF 101001Z MAY 91

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

MS.

ри

A

PUBLIC ORDER ORDINANCE (POO)

1. WE INTEND TO SEEK EXCO'S ADVICE AS SOON AS POSSIBLE ON PROPOSALS TO AMEND THE POO IN RESPECT OF PUBLIC MEETINGS AND PROCESSIONS. THE CHINESE WILL LIKELY OBJECT TO OUR PROPOSALS.

2.

EXPERIENCE GAINED SINCE 1989 OF LARGE SCALE DEMONSTRATIONS AND PROCESSIONS SHOW THAT PROVISIONS UNDER THE POO WHICH REGULATE SUCH ACTIVITIES ARE NOT APPROPRIATE. THEY HAVE BEEN CRITICISED AS CUMBERSOME AND INFLEXIBLE. POLITICAL GROUPS DELIBERATELY DISREGARD THEM AND, IN MANY CASES, THE POLICE CANNOT ENFORCE THE LAW OTHER THAN IN A CONFRONTATIONAL MANNER WHICH WOULD IMPAIR GENERAL PUBLIC SAFETY. TO AVOID THE LIKELIHOOD OF CONFLICT, THE POLICE HAD NOT ENFORCED THE LAW STRICTLY IN SUCH CASES, BUT RATHER MANAGED THE SITUATION ON THE GROUND IN A FLEXIBLE MANNER.

3. THE PROPOSED AMENDMENTS AND THE EXISTING PROVISIONS WHICH THEY

SEEK TO AMEND ARE -

PRESENT PROVISION

A. A MEETING OF MORE THAN 30

PERSONS HAS TO BE NOTIFIED TO THE COMMISSIONER OF POLICE (CP)

in private premises.

B A MEETING/OF MORE THAN 200 PERSONS, OR EXCEEDING THE

CAPACITY OF THE PREMISES, HAS TO BE NOTIFIED TO THE CP.

PROPOSED AMENDMENT

THE THRESHOLD TO BE RAISED

TO 50 PERSONS

MEETINGS OF MORE THAN 500 PERSONS NEED TO BE NOTIFIED

TO THE CP.

C. PROCESSIONS OF MORE THAN 20 PERSONS HAVE TO BE LICENSED.

PAGE

A NOTIFICATION SYSTEM TO

REPLACE THE LICENSING SYSTEM:

PROCESSIONS OF NOT MORE THAN 30 PERSONS NEED NOT BE

NOTIFIED.

1

CONFIDENTIAL

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