WEDNESDAY, JULY 8, 1992
PUBLIC ORDER AND SUMMARY OFFENCES ORDINANCES UNDER REVIEW
THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, SAID TODAY (WEDNESDAY) THAT THE GOVERNMENT WAS REVIEWING BOTH THE PUBLIC ORDER ORDINANCE AND THE SUMMARY OFFENCES ORDINANCE,
IN A WRITTEN REPLY TO A QUESTION BY DR THE HON CONRAD LAM KUI-SHING, MR ASPREY SAID THE PROVISIONS OF THE BILL OF RIGHTS ORDINANCE WOULD BE TAKEN INTO ACCOUNT IN THE REVIEW.
OF
THE GOVERNMENT HAD NOT YET COME TO ANY CONCLUSIONS, HE SAID.
WHETHER A PARTICULAR PROVISION IN A LAW CONTRAVENES THE BILL ORDINANCE IS ULTIMATELY A MATTER FOR THE COURTS TO
RIGHTS DETERMINE,"
TURNING TO A TEMPORARY CORDONING-OFF OF AN AREA NEW CHINA NEWS AGENCY, MR ASPREY SAID THE MOVE WAS NOT WITH ARTICLE 17 OF THE BILL OF RIGHTS ORDINANCE.
OUTSIDE THE IN CONFLICT
ARTICLE 17
"IN RECOGNISING THE RIGHT OF PEACEFUL ASSEMBLY, PERMITS RESTRICTIONS ON THE EXERCISE OF THAT RIGHT WHICH ARE IMPOSED IN CONFORMITY WITH THE LAW AND WHICH ARE NECESSARY IN THE INTERESTS OF, AMONG OTHER THINGS, PUBLIC SAFETY, PUBLIC ORDER AND THE PROTECTION OF THE RIGHTS OF OTHERS," HE SAID.
UNDER THE POLICE FORCE ORDINANCE, THE POLICE HAVE A DUTY TO TAKE LAWFUL MEASURES TO PRESERVE ORDER IN PUBLIC PLACES, AT PUBLIC MEETINGS AND ASSEMBLIES.
T
"FULFILMENT OF THIS DUTY MAY NEED TO INCLUDE THE TEMPORARY CORDONING-OFF OF AN AREA, DEPENDING ON THE CIRCUMSTANCES AT THE TIME, HE ADDED.
BLOCKADE DECISION MADE FOR PUBLIC SAFETY
THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, TOLD THE LEGISLATIVE COUNCIL THAT THE DECISION TO CORDON OFF A PUBLIC AREA WAS TAKEN BY POLICE COMMANDERS AT THE SCENE IN THE INTERESTS OF PUBLIC ORDER AND PUBLIC SAFETY.
IN A WRITTEN REPLY TO A QUESTION BY THE HON ERIC LI TODAY (WEDNESDAY), MR ASPREY SAID SECTION 10 OF THE POLICE FORCE ORDINANCE EMPOWERED THE POLICE TO TAKE LAWFUL MEASURES TO PRESERVE PUBLIC PEACE AND TO PROTECT LIFE AND PROPERTY.
"IN DISCHARGING THESE DUTIES, IT IS SOMETIMES NECESSARY FOR THE POLICE TO CORDON OFF TEMPORARILY CERTAIN AREAS," HE SAID.
HE POINTED OUT THAT THE AREA OUTSIDE THE NEW CHINA NEWS AGENCY WAS A CASE IN POINT.
B.......
Page 10Page 11