60. The recent massive street demonstrations in Hong Kong in support of the democracy movement in China have demonstrated that the Police Force has used the existing legislation intelligently and flexibly to permit major processions to take place without causing undue disruption to the life of the city. As soon as it became apparent that events in China were going to give rise to large-scale sympathetic action in Hong Kong, the police nominated senior officers in the various districts and regions to make contact with persons or organizations likely to be involved in arranging rallies or demonstrations to discuss with them appropriate timings, routes and venues for such events. Through negotiation, suitable routes were found. The police made special traffic arrangements and provided liaison officers to accompany the leaders of the demonstrations to ensure the smooth flow of the processions and make any ad hoc arrangements that were necessary during the course of these events. By this means, demonstrations of an unprecedented scale passed off peaceably and without need for any enforcement action.
61.
A specific question was raised at the meeting on the powers of the Commissioner of Police for the control of public meetings (CCPR/C/SR.857, para. 63). A written reply was promised.
62. In explaining how the discretionary powers of the Commissioner of Police have been exercised in the past, it is best first to recapitulate the principal objects of the Public Order Ordinance. The facts which are taken into account by the Commissioner of Police are those necessary to ensure that the Ordinance's objectives are met.
63.
The Ordinance recognizes that members of the public have the right to express their views by having meetings and processions on matters of public interest. Meetings of no more than 30 persons in public places, 200 in private premises and processions of no more than 20 persons are not subject to any form of control. However, the Ordinance also recognizes that those who exercise their right to meet or process have an obligation not to interfere with the right of the remainder of the community to enjoy that state of peace, tranquillity and good order which should exist in a democratic society.
64.
The ultimate factor that the Commissioner must consider, therefore, in deciding whether to allow a meeting or procession, is whether or not the proposed meeting or procession will interfere with "good order". "Good order" is a fairly wide concept and difficult to define precisely. Nevertheless, it includes:
(a) Participants in a meeting or procession should not by their actions endanger either their own safety or that of other persons in the area;
(b) There should be no congestion or obstruction, either to footpaths (pavements) or to roads;
(c) Any noise generated by the meeting or procession should not amount to a public nuisance;
and two other points which in more recent years have been of little concern, but which cannot be overlooked:
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