TNAG-1854-FCO40-2629-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 208

plate de dade

18 January 1989

·九八九年一月十八日

14

HONG KONG LEGISLATIVE COUNCIL

香港立法局

Park, Kowloon Park, and the Yuen Long Stadium, where no restrictions are imposed on the use of loudspeakers by persons wishing to convey their views to the public. But in other places a balance has to be struck between the right to express one's views and the right of others not to be disturbed by the manner in which those views are expressed.

MR. MARTIN LEE: Sir, when was the last time the Government conducted a review of the Public Order Ordinance apart from section 27 which was repealed last Wednesday, and when does the government intend to conduct another review in the light of recent complaints?

SECRETARY FOR SECURITY: Sir, I am not aware of the date when the last review of the Public Order Ordinance as a whole was conducted. As to the next review, if there has been in fact a previous review, this will depend very much on reasons being presented to the Government which makes it think that a review is necessary.

MR. ARCULLI: Sir, one delegate at the United Nations Human Rights Committee referred to the unfettered exercise of the commissioner's powers as being in itself a form of lawlessness. Does this not make it essential that specific criteria be established?

SECRETARY FOR SECURITY: Sir, if the commissioner's power were unfettered, then of course it would be a matter for concern. The commissioner's powers, as I have already made quite clear, are not unfettered and I think therefore the question does not arise.

譚耀宗議員問:主席先生,據我的了解,在現行法例下,申請集會是有一個申請限期的,但警務 處處長則沒有一個最後答覆的限期,因而往往造成集會的主辦者處於很被動的地位,這事是否不 公平?

SECRETARY FOR SECURITY: Sir, under the Ordinance, the commissioner has to be given seven working days' notice of the procession or the meeting. In many cases, in fact, much shorter notice is given to the commissioner and he does have the discretion to give approval within a much shorter period than seven days. I think in those circumstances it is beholden on members of the public and organizers not to presume upon this short period which the commissioner has available to him at his discretion because it makes it extremely difficult for requests to be considered and for the necessary