TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 98

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S/N

Item

Present Law

(b) CP can cancel at any time the

licence for a public procession on certain grounds.

(Sections 9 and 14).

Proposed Changes

(b) CP to prohibit the holding of a

notified meeting/procession only up to 48 hours before the event, and only for reasons consistent with the ICCPR.

6.

7.

Conditions affecting public meetings and

processions

Appeal against

CP's decision under Sections 9, 13 and 14.

A list of conditions governing the holding of public meetings is prescribed in the Public Order

(Public Meetings) General Conditions Order. CP can impose additional conditions.

On public processions, C of Police can impose conditions on the forming, conduct, route, times of passing and dispersal of the processions. He has discretion to amend such conditions. (Sections 11(1), 11(2), 13(5), 14(1)(b)).

Any person aggrieved by a prohibition of notified meeting,

a refusal of procession licence or

a cancellation/amendment of licence may appeal to the Governor.

(Section 16).

S.11(1) and the Public Order (Public Meetings) General Conditions Orders are to be repealed. The fundamental requirements/obligations of organizers and participants are to be set out in the principal Ordinance.

CP may impose conditions but only to the extent necessary and in line with ICCPR provisions.

To retain the present appeal procedure but with appeal being to the Governor

in-Council.