- 27.
Another question raised by Members of the Committee was the numerical threshold for requiring notification of public meetings and public processions. The Bill proposes that for public meetings and public processions consisting of less than 50 persons, and 30 persons respectively, prior notification of the Police is not necessary. Some members suggested that these thresholds should be further raised. We consider that the proposed thresholds of 50 and 30 are appropriate, since, in normal circumstances, the Police can handle these numbers without having to call in reinforcements. Any drastic increase in these thresholds would undermine the ability of the Police to maintain public order and ensure public safety. At the request of the Bills Committee, we have agreed to keep the thresholds under review, having regard to improvements in police mobility and communications. We have also undertaken to review the length of the notification period in the light of operational experience. I think that this responds positively to the suggestion made by the Hon Cheung Man- kwong.
Some Members of the Bills Committee were concerned about the power of the Governor in Council, under section 17E of the Ordinance, to prohibit the holding of any public gatherings in any part of Hong Kong for a period not exceeding three months. Some Members considered that this power should be reduced, or be subject to approval or disallowance by the legislature. The power is, in fact, very carefully circumscribed because the Governor in Council has to be satisfied that particular circumstances exist in Hong Kong and that it is necessary for the prevention of serious public disorder before he can exercise the power. Nevertheless, we have accepted the Committee's suggestions to reconsider the scope of this provision in a future review.
Mr President, I would now like to turn to the amendments which I will move at the Committee stage.
The first amendment relates to Clause 5 of the Bill. We have noted Members' concern about the exercise of the Commissioner of Police's general powers to regulate public gatherings under section 6 and propose to tighten up the wording, so that the powers can only be exercised by the Commissioner if he reasonably considers it to be necessary in the interest of public order or public safety; not just on grounds of mere expedience. I think this meets the concern expressed by the Hon Selina Chow,
The amendment to Clause 7 of the Bill requires the Commissioner to give more detailed reasons for prohibiting the holding of, or imposing conditions on, or amending any condition previously imposed, on a public gathering. It modifies the requirement of reasonableness in proposed sections 8(2) and 13A(2) by providing that the Commissioner shall accept shorter notice when he is reasonably satisfied that earlier notice could not have been given. The amendment also clarifies the person to whom a notice of prohibition shall be given under proposed sections 9(2)(b)(i) and 14(2)(b)(i).