The present state of the law of public assembly is the result of the defects in the constitutional machinery and the lack of means of communication. However, it is this very Ordinance which obstructs the way to a better government and better laws.
Some restrictions upon the freedom of assembly are obviously essential in the interests of public order. "The shape which those restrictions must take must equally obviously depend on the state of society in different countries." (9). The risk of violence varies in different societies, the greater the risk, the more the restrictions. But should the law of public assembly in Hong Kong be so restric- tive? Should the law of public assembly be completely left in the hands of the Police ? Looking at the law, one cannot but ask : IS IT A RELIC OF THE DYING 20th CENTURY COLONIALISM OR IS THE GOVERNMENT OVER-ENTHUSIASTIC IN MAINTAINING PEACE AND ORDER ?
notes:
(1) J. Rear. Honakona : the Industrial Colony,pp.90–91.
(2) Lawson & Bentley, Constitutional & Administrative Law, pp.306.
(3) A reference paper for Workshop on Law for Community Workers (December 19,1978)
PUBLIC ASSEMBLY RIGHTS AND LIABILITIES
(4) ibid, pp.18.
(5) ibid, pp.19.
(6) Lord Denning, The Road to Justice, pp.2.
PP.17.
(7) A. Lester, Democracy and Individual Rights,pp.5.
(8) Wade, Police Powers and Public Meetings, ( 1963-8) 6C.L.J. 175 at pp.179. (9) D. C, Holland, Freedom of Assembly in the Commonwealth, (1959) 12 C.L.P. pp.95.
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