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THUS THE OBJECT HAS BEEN TO ENSURE THAT PEOPLE DO NOT GATHER AT A TIME OR IN A PLACE OR IN NUMBERS WHICH MAY CAUSE INCONVENIENCE OR ANNOYANCE TO THE WIDER COMMUNITY AND ESPECIALLY AT A TIME OR IN A PLACE OR IN NUMBERS WHICH MAY CREATE PROBLEMS IN RELATION TO THE MAINTENANCE OF PEACE AND GOOD ORDER. IN HONG KONG'S CROWDED CONDITIONS LARGE GROUPS CAN GATHER IN A
MATTER OF MOMENTS. THIS IS EASILY SEEN IN THE CROWDS WHICH
GATHER AT INCIDENTS WHICH IN THEMSELVES POSE NO THREAT TO
ORDERLINESS. LEGISLATION TO ENSURE THAT THAT BALANCE CAN BE
MAINTAINED WILL ALWAYS BE NECESSARY.
THE GOVERNMENT IS OF COURSE AWARE OF THE VIEWS NOW BEING
EXPRESSED ABOUT THE NEED FOR CHANGE IN THE LAW, AND PARTICULARLY
OF THE CONCERN WHICH IS FELT BY SOME ABOUT ITS APPLICATION
ON A DAY-TO-DAY BASIS TO GROUPS OF PEOPLE COMING TOGETHER TO DISCUSS TOPICS OF INTEREST OR CONCERN TO THEM. IN SHORT, IT IS SAID THAT THE LAW IS UNCERTAIN AND THAT THE CONFUSION IS
COMPOUNDED BECAUSE THE LAW HAS NOT BEEN FULLY APPLIED IN PRACTICE. IT IS TRUE THAT THE LAW IS BROAD IN SCOPE AND THAT IT HAS NEVER
BEEN APPLIED IN ITS FULL RIGOUR. THIS IS ESPECIALLY SO IN THE CASE OF MEETINGS WHICH, THOUGH **PUBLIC MEETINGS UNDER THE LAW, DO NOT INVOLVE THE USE OF PUBLIC STREETS OR OTHER PUBLIC PLACES, SO THERE ARE THOSE WHO COMPLY WITH THE LAW, APPLY FOR THE REQUIRED LICENCE AND GO THROUGH THE ENQUIRIES NECESSARILY ASSOCIATED WITH CONSIDERATION OF THE APPLICATION. THERE ARE ALSO THOSE WHO DO NOT COMPLY WITH THE LAW AND YET ARE NOT ACTIVELY SOUGHT OUT BY THE AUTHORITIES WITH A VIEW TO POSSIBLE PROSECUTION UNLESS, AS I HAVE SAID, STREETS AND OTHER PUBLIC PLACES ARE USED. AND EVEN IN THOSE CASES THE AUTHORITIES HAVE OFTEN TAKEN A VERY
TOLERANT LINE.
IT IS ALSO TRUE THAT THE RECENT HIGH COURT DECISION HAS
HEIGHTENED CONCERN, I WOULD SAY ONLY THIS. WITHOUT QUESTIONING THE DECISION ITSELF, I DO NOT ACQUIESCE IN SOME OF THE COURT'S GENERAL OBSERVATIONS AS TO WHAT THE POSITION IS IN OTHER
CIRCUMSTANCES WHICH DID NOT ARISE FOR DETERMINATION IN THE CASE.
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THE
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