TNAG-2865-FCO40-4119-Hong-Kong-Public-Order-Amendment-Bill-1993-1993 — Page 43

CONFIDENTIAL

(d) raise the threshold of regulation (requirement to notify) for public processions from 20 persons to 30 persons (new section 13 in Clause 7). This is also due to the increased standards of Police mobility and communications;

(e)

(f)

rationalise the period of notice to be given to the Commissioner of Police in respect of public meetings and processions and the information needed to be included in the notice; and require the Commissioner of Police to issue a written acknowledgment of receipt of such notice (new sections 8 and 13A in Clause 7). At present, notice of a public meeting has to be given not less than seven days in advance (excluding Sundays and general holidays) while an application for a licence for a public procession has to be made seven days prior to the date of the event. The proposed amendment aims to adopt a unified period of notice for both public meetings and processions. Such period of notification gives the Police adequate time to plan for the regulation of these events;

unify and rationalise the grounds upon which the Commissioner of Police may prohibit, or impose conditions in respect of, the holding of a notified meeting or procession [new sections 9, 11(2), 14 and 15(2) in Clause 7]. At present, the conditions and criteria for the exercise of such power are different for meetings and processions. Some of these have led to various criticisms about the arbitrary use of authority; (g) revise the deadline for the Commissioner of Police to exercise his discretion to prohibit a duly notified public meeting or procession. At present, a public meeting cannot be prohibited after four days from its being duly notified, while there is no deadline governing the Commissioner of Police's discretion to prohibit public processions. We believe that there should be a uniform deadline for both public meetings and processions, and that the Commissioner of Police should be given more time to consider whether a public meeting or procession should be prohibited. New sections 9(3) and 14(3) in Clause 7 provide that the Commissioner of Police

XCC(91)172

Executive Council