TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 156

CCPR/C/58/Add.6 page 124

(d) Whether the participants in a meeting or procession are so concerned, so angry or so volatile that there is a danger that emotions will take over so that the participants lose control of themselves and riot; and

(e) Whether the views the participants wish to express are so unpopular that those opposing them may wish to mount a counter-demonstration with the possibility of conflict between the two sides ensuing.

65.

In practical terms, cognizance also needs to be taken of such factors as:

(a) The suitability of the venue for a meeting whether it can safely accommodate the expected number of participants, whether there is adequate access;

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(b) The suitability of the proposed route for a procession - whether the road or footpath is wide enough, whether there is much vehicular traffic, whether there are road-works in the area, etc; and

(c)

How many other people will be in the area at the time. It is, for example, clearly not desirable for a procession to be proceeding one way if thousands of people exiting from a football match or the race-course will be going the other way at the same time.

66. These are the main factors that the Commissioner will take into account. There are also minor factors, but because circumstances vary so much it is not possible to draw up an exhaustive list.

67. The Commissioner does not have unlimited discretion in deciding whether a public meeting should be disallowed. A public meeting may be disallowed only on the basis of specific provisions of the Ordinance (section 9(3)) and, more importantly, on the ground that the holding of the meeting will prejudice the maintenance of good order. The Commissioner may license a procession only if he is satisfied that it is not likely to prejudice public order or to be used for any unlawful purpose. The corollary, and the actual practice, is that a licence is issued unless the maintenance of public order will be prejudiced.

68. The following figures indicate how infrequently the Commissioner has prohibited a public meeting or refused to license a procession.

1984

1985

1986

1987

1988

38

108

82

92

176

No. of public

notified meetings

Disallowed under

1

2

1

3

3

section 9

Public procession

31

83

169

172

199

licences sought

Licenses refused

4

1

4

2

5