TNAG-1854-FCO40-2629-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 206

HONG KONG LEGISLATIVE COUNCIL

18 January 1989 香港立法局—————————— 一九八九年一月十八日

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MR. CHEONG: Sir, given the fact that the refugees problem is a problem of public concern, could the Administration seek advice from the Medical Council as to what really the difficulties are?

SECRETARY FOR SECURITY: Sir, I am sure that this will be done in the course of consultation with the Medical Council over what can be done to solve this problem.

MR. ARCULLI: Sir, has the Administration considered whether it is permissible for such doctors to work under the supervision of qualified Hong Kong doctors?

SECRETARY FOR SECURITY: Sir, I have no doubt that this has been considered. If it has not, I am sure it will be in the course of our further examination of this problem.

Police powers under the Public Order Ordinance

3. MR. LI asked: Sir, as considerable concern has been expressed both locally and internationally over the unlimited power to control public meetings, gatherings and processions given by the Public Order Ordinance to the Commissioner of Police, what legislative steps is the Government going to take to lay down acceptable criteria for the exercise of the commissioner's discretion?

SECRETARY FOR SECURITY: Sir, The short answer to this question is that at present the Government has no plans to amend Part III of the Public Order Ordinance, which is the part of the Ordinance concerning meetings, gatherings and processions. I have noted, however, that OMELCO has been in correspondence with the Commissioner of Police concerning the operation of this aspect of the Ordinance, and I understand that the OMELCO Security Panel is considering the matter. We shall be interested to hear their views.

The Commissioner of Police does not have unlimited powers under the Ordinance. The Ordinance places clear limits on his powers and provides a channel for appeal to the Governor. The commissioner is given wide discretion by the Ordinance as to the conditions that may be imposed on a gathering. This is essential because of the very wide range of gatherings that are possible and the wide variety of circumstances in which they can take place. Conditions need to be observed not simply in the interests of preserving public order but also for other purposes, such as avoiding nuisance to the general public and preventing obstructions to traffic. The intention underlying the Ordinance is to strike a