TNAG-2220-FCO40-3188-Future-of-Hong-Kong-Public-Order-Ordinance-1991 — Page 47

M (91) 43

CONFIDENTIAL

601

A529

Public Order Ordinance (Chapter 245) PUBLIC ORDER (AMENDMENT) BILL 1991 PUBLIC MEETINGS AND PROCESSIONS: XCC (91) 172

COMMENTARY

(a) The Administration pointed

laws

out that present

were abused but if they were enforced,

there was a strong possibility that they

would be challenged in the courts as being in

contravention of the Bill of Rights. In

essence, changes were needed for Police

operational reasons.

represented

a

The proposals

fundamental

change

in

philosophy in that the public would in future

enjoy the right to hold a procession or

public meeting subject to the requirements to

notify the Commissioner of Police 7 days in

advance and to abide by any

imposed

the

the

conditions

conditions strictly following

International Covenant on Civil and

Political Rights.

The Administration said

that whilst the likely Chinese reaction was

predictable, it

the

remained of the opinion that

Bill represented the correct way to

proceed.

(b)

The Political Adviser said that the Chinese