XN000022-1994-10-07 — Page 3

1

FRIDAY, OCTOBER 7, 1994

HIRE OF HK CULTURAL CENTRE FOR

DOUBLE TENTH CELEBRATION AG'S STATEMENT

* * * *

-

THE ATTORNEY GENERAL, MR JEREMY MATHEWS, ISSUED THE STATEMENT TODAY (FRIDAY) ON THE LEGAL POSITION CONCERNING THE OF THE HONG KONG CULTURAL CENTRE:

FOLLOWING BOOKING

POWER

THE QUESTION HAS ARISEN WHETHER THE GOVERNMENT HAS OVERTURN THE DECISIONS TO PERMIT THE DOUBLE TENTH CELEBRATION IN HONG KONG CULTURAL CENTRE.

то

THE

THE

BY THE FIRST WAS TAKEN TWO DECISIONS ARE IN ISSUE HERE. URBAN COUNCIL UNDER S.105Q OF THE PUBLIC HEALTH AND MUNICIPAL SERVICES CIVIC ORDINANCE, CAP. 132 IN DISCHARGING ITS RESPONSIBILITY TO MANAGE

OF URBAN CENTRES. THE SECOND DECISION WAS TAKEN BY THE DIRECTOR SERVICES, AS DELEGATE OF THE CHIEF SECRETARY, UNDER $.1058 OF THE SAME ORDINANCE. THAT PROVISION REQUIRES PERMISSION

CHIEF FROM THE SECRETARY FOR THE HOLDING OF A PUBLIC MEETING IN A CIVIC CENTRE.

PERMISSION ACCORDANCE WITH GOVERNMENT'S POLICY, APPLICATIONS FOR SUCH ARE APPROVED PROVIDED THE PROPOSED MEETING DOES NOT POSE A THREAT PUBLIC ORDER OR PUBLIC SAFETY.

IN

ΤΟ

IN RESPECT OF THE DECISION BY THE URBAN COUNCIL, ANY

OF CANCELLATION

THE BOOKING BASED ON CONSIDERATIONS THAT WERE NOT TO THE RELEVANT

PURPOSES AND OBJECTS OF THE PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE WOULD ALMOST CERTAINLY BE QUASHED BY A COURT UPON JUDICIAL REVIEW AND COULD GIVE RISE TO A CLAIM FOR DAMAGES.

REGARDING THE PERMISSION GIVEN BY THE CHIEF SECRETARY'S DELEGATE UNDER S.105S, IT COULD NOT BE WITHDRAWN IN THE ABSENCE OF IN THE REASONABLE GROUNDS OF A PUBLIC ORDER OR PUBLIC SAFETY NATURE.

BE AN ABSENCE OF SUCH A GROUND, WITHDRAWAL OF THE PERMISSION WOULD ARBITRARY EXERCISE OF THE STATUTORY POWER AND WOULD, THEREFORE,

FURTHERMORE, WITHDRAWAL OF THE PERMISSION SOLELY ON GROUNDS WOULD ALMOST CERTAINLY BREACH THE BILL OF RIGHTS

UNLAWFUL. POLITICAL

ORDINANCE.

BE

IT HAS BEEN SUGGESTED THAT THE GOVERNOR HAS POWER TO DIRECT THE URBAN COUNCIL TO CANCEL THE BOOKING UNDER S.45 OF THE URBAN COUNCIL ORDINANCE, CAP. 101. THAT SECTION IS IN TWO PARTS; SUB-SECTION (1) PROVIDES THAT THE GOVERNOR MAY, AFTER CONSULTATION WITH THE COUNCIL, GIVE IT DIRECTIONS OF A GENERAL CHARACTER AS TO THE DISCHARGE BY THE COUNCIL OF ITS FUNCTIONS IN RELATION TO MATTERS APPEARING TO THE GOVERNOR TO AFFECT THE PUBLIC INTEREST. THIS PROVISION DOES NOT EMPOWER THE GOVERNOR

A TO DIRECT THE COUNCIL TO CANCEL

SPECIFIC BOOKING WHICH IT HAS MADE; SUCH A DIRECTION WOULD CLEARLY NOT BE A DIRECTION OF A GENERAL CHARACTER AS TO THE DISCHARGE OF THE COUNCIL'S FUNCTIONS. MOREOVER, IN GIVING A DIRECTION OF A GENERAL CHARACTER, THE GOVERNOR WOULD HAVE TO HAVE REGARD TO THE BILL OF RIGHTS

ORDINANCE.

SUB-SECTION (2) OF 5.45 PROVIDES THAT THE GOVERNOR MAY, AFTER CONSULTATION WITH THE COUNCIL, GIVE TO THE COUNCIL SPECIFIC DIRECTIONS FOR THE PURPOSE OF REMEDYING ANY FAILURE OF THE COUNCIL TO DISCHARGE ANY OBLIGATION OR TO FULFIL ANY FUNCTION IMPOSED UPON THE COUNCIL. CASE WHERE THIS PROVISION IS INAPPLICABLE IN THE PRESENT CLEARLY, THERE IS NO SUGGESTION THAT THE COUNCIL HAS FAILED TO DISCHARGE ANY OBLIGATION OR TO FULFIL ANY FUNCTION.

/2