TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 89

CONFIDENTIAL

For decision

on 17 July 1990

HKD241/1

RECE

12 NOV 1990

L

THE PROBLEM

XCC (90) 105 Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

Public Order Ordinance (Chapter 245)

REVIEW AND PROPOSED AMENDMENT OF THE PUBLIC ORDER ORDINANCE

359

32 la CAMr

Mr

Fifoot

Mr free or.

давае

PM 1917

Following large-scale demonstrations and processions held during 1989, there has been public criticism of certain provisions of the Public Order Ordinance which regulate public meetings and processions. It is necessary to determine the nature, scope and timing of possible future amendments to the Ordinance.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that -

3

(a) the Public Order Ordinance should be amended as described in paragraphs 10 to 20 below; and

(b)

introduction

into the

a Bill be drafted incorporating these amendments Legislative Council.

for

Members will be asked to advise whether this recommendation should be approved.

BACKGROUND AND ARGUMENT

Background

4

The Public Order Ordinance was enacted in November 1967 in the wake of territory-wide riots earlier that year. The Ordinance was subsequently amended and updated in 1980 to facilitate, among other things, the expression of public opinion through simplied notification procedures for meetings.

5

Part III of the Ordinance, which regulates the holding of meetings, processions and gatherings, has attracted criticism on a number of counts. A general criticism is that some of the

the Ordinance are contrary to the

provisions

of

CONFIDENTIAL