TNAG-1854-FCO40-2629-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 207

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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reasonable balance between the public's right to assemble and express its views and the broader interests of the community at large.

Inevitably with any system where conditions are laid down there will be instances where applicants are dissatisfied, but these have been rare. The urban areas, public places and roads of Hong Kong are busy and crowded, yet the holding of gatherings, meetings and processions is not unduly restricted, and only a tiny proportion are disallowed or refused. If such events are to take place frequently, as they do, without causing disruption to the community, control is obviously essential, and recent performance suggests that the licensing authority exercises its discretion and judgment reasonably and efficiently.

MR. LI: Sir, under the Public Order Ordinance what rank of officer actually acts for the commissioner in licensing meetings and processions, what experience have such officers had beyond normal law enforcement, and what specialized training are such officers given to sensitize them to the civil liberty dimension of their work?

SECRETARY FOR SECURITY: Sir, I understand that the rank is about superintendent rank initially, but if there are any particular aspects of difficulty associated with the request, this is referred to a more senior officer. As far as experience is concerned, this is gained by the officer himself in the conduct of his work. In the last five years there have been over 1 100 applications for processions or meetings. And of course, as time goes by, the officers concerned will have gathered great experience. As to special training, I am not aware of any special training that officers have. That is not to say that this does not take place but on this particular point I shall consult the Commissioner of Police and let Mr. LI know. (Annex I)

MRS. FAN: Sir, for large gatherings it is sometimes necessary to use loudspeakers to ensure order. What reasons are there to ban the use of loudspeakers when a gathering is organized by a group which is known to be peaceful, while other groups have been allowed to use loudspeakers?

SECRETARY FOR SECURITY: Sir, the prohibition or the restriction on the use of loudspeakers must not be taken as interference with freedom of speech. The freedom of speech is the freedom to express one's views without fear of consequences. Stopping persons from using loudspeakers to spread their views in crowded and congested areas, where the noise would cause a nuisance to other people not concerned with the meeting, does not inhibit freedom of speech. There are a number of places throughout Hong Kong, such as Victoria