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The amendment to Clauses 14 and 15 relates to the composition, constitution, functions, powers and procedures of the independent Appeal Board. accepted all the suggestions of the Bills Committee to ensure appeals are dealt with impartially and expeditiously.
The amendment to Clause 18 restricts the delegation of the Commissioner of Police's power under section 6(a) to control the broadcast of music or speech in public places to a public officer not below the rank of Chief Superintendent and I'm grateful for the Hon Selina Chow's support in this regard.
Mr President, we have been very responsive to the views of the Bills Committee and have accepted a considerable number of their suggestions in proposing the amendments I have just mentioned. However, I am disappointed that some Members are still not satisfied with two aspects of the Bill and will propose their own Committee stage amendments, which the Administration is unable to support.
Two Committee stage amendments will be moved: one by Reverend the Honourable Fung Chi-wood will compel the Appeal Board to consider appeals against the Commissioner's decision not to accept late notifications under proposed sections 8 and 13A. We do not think that his amendments will serve any useful, practical purpose. The amendments to Clause 7 that I will move will give very little discretion to the Commissioner of Police not to accept late notifications. The Appeal Board will only just have enough time to consider an appeal, even if proper notice is given; if an organiser gives unrealistically short notice, and this is not accepted by the Police, then the Appeal Board will be unlikely to have time to arrange a hearing and deliver a decision should the organiser decide to make an appeal. To compel the Board to make a "post-event" decision (rather than a pre-event decision), defeats the very purpose of setting it up.
The second amendments, to be moved by the Honourable Cheung Man-kwong to repeal section 6(a) of the Ordinance, will deprive the Police of the power to prevent a breach of public order. The purpose of this power is not as the Hon Cheung Man- kwong and the Hon Lee Cheuk-yan suggested to enable police officers to censor speech, but rather to give them the legal basis to take early preventive action in highly provocative situations. The police have a responsibility to prevent breaches of the peace and I do not think that the victims would thank the honourable members for tying the hands of the Police by deleting this section. The provision is not inconsistent with the Bill of Rights and there are no alternative powers available to the police. As I
have just mentioned, the amendments I will move will further tighten the wording of this section and will ensure that only directorate Police officers are allowed to exercise this power. This will address Member's concern about possible abuse of power by junior police officers and I am grateful for the support of the Hon Elsie Tu in this respect.