XN000022-1995-07-19 — Page 51

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The Bill seeks to update provisions in the Public Order Ordinance dealing with public meetings and processions, in the light of Police experience in handling public gatherings, and having regard to the Bill of Rights. It seeks to strike the right balance between an individual's right to freedom of assembly, and the need to maintain public order and ensure public safety. I must disagree with the Hon Cheung Man-kwong for these reasons the Public Order Ordinance is still required. Both he and the Rev Hon Fung Chi-wood are incorrect when they imply that this Bill seeks to restrict freedom of expression. I can assure them and the Hon K K Fung that the Bill is wholly consistent with the Bill of Rights.

The Bill sets out the general conditions and obligations for holding public gatherings. The previous requirement for the licensing of public processions is replaced with a requirement for advance notification. The grounds on which the Police can prohibit the holding of, or impose conditions on, public meetings and processions are specified more clearly. We propose to increase the threshold numbers for requiring notification of public meetings and processions. Also, we propose to modify a number of other provisions relating to the Police powers of stop and search, the designation of closed areas, and the requirement to provide identification; as well as to repeal section 4(29) of the Summary Offences Ordinance, which requires the issue of a Police permit for the use of loudhailers in public places. I am pleased that the Bills Committee support the basic principles of the Bill.

However, Mr President, there were certain aspects of the Bill which were of particular concern to Members of the Bills Committee.

The Bills Committee felt strongly that there should be an independent appeal procedure to replace the present arrangement for appeals to be made to the Governor. The proposed Appeal Board should be independent from the Administration; be able to hear an appeal quickly; and deliver a pre-event decision, that is, before the public gathering is scheduled to take place. After careful consideration, we have agreed to provide for the establishment of an Appeal Board on Public Meetings and Processions and have accepted the suggestion of the Bills Committee to appoint a retired judicial officer to be Chairman of the Board.