LEGISLATIVE COUNCIL ─ 25 April 2007 5789 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 25 April 2007 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG 5790 LEGISLATIVE COUNCIL ─ 25 April 2007 THE HONOURABLE CHAN YUEN-HAN, J.P. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. LEGISLATIVE COUNCIL ─ 25 April 2007 5791 THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE MA LIK, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. 5792 LEGISLATIVE COUNCIL ─ 25 April 2007 THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE ALBERT JINGHAN CHENG THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN MEMBER ABSENT: THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE RAFAEL HUI SI-YAN, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR HOUSING, PLANNING AND LANDS DR THE HONOURABLE PATRICK HO CHI-PING, J.P. SECRETARY FOR HOME AFFAIRS DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS LEGISLATIVE COUNCIL ─ 25 April 2007 5793 THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 5794 LEGISLATIVE COUNCIL ─ 25 April 2007 PRESIDENT (in Cantonese): Clerk, please ring the bell. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): A quorum is present, the meeting starts now. TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Public Health and Municipal Services (Setting Aside Places for Use as Public Pleasure Grounds) Order 2007...... 57/2007 Public Health and Municipal Services Ordinance (Amendment of Fourth Schedule) Order 2007...... 58/2007 Antiquities and Monuments (Declaration of Proposed Monument) (No.128 Pok Fu Lam Road) Notice .................. 59/2007 Other Papers No. 88 ─ Hong Kong Tourism Board 2005-2006 Annual Report No. 89 ─ Kowloon-Canton Railway Corporation Annual Report 2006 Report of the Bills Committee on Shenzhen Bay Port Hong Kong Port Area Bill Report of the Bills Committee on Building Management (Amendment) Bill 2005 LEGISLATIVE COUNCIL ─ 25 April 2007 5795 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Public Processions 1. MR LEUNG KWOK-HUNG (in Cantonese): Early last month, the police objected to the League of Social Democrats (the League) holding a public procession in the evening of the 10th of last month, on the grounds that the procession might cause serious traffic inconvenience and pose a threat to public safety. In the said evening, the police even deployed hundreds of police officers to stop the League from holding the procession, and warned those present that the police could arrest them under the Public Order Ordinance (POO) should they insist on holding the procession. In this connection, will the Government inform this Council: (a) given that there were past cases in which the police did not stop the holding of public processions to which they objected (but reserved the right to institute prosecution afterwards), why the police adopted a different practice in handling the aforesaid procession, and whether guidelines have been issued to front-line police officers on the handling of public processions to which the police object; (b) in respect of each of the past five years, of the respective numbers of public processions and public meetings to which the police objected, a breakdown of such numbers by the reasons for objection, the respective numbers of public processions held in the evening to which the police objected and did not object (including processions commencing in the afternoon), the basis on which the relevant decisions were made, as well as the reasons for objection; and (c) whether it will consider amending the POO by repealing the provisions empowering the police to object to the holding of public processions and public meetings, so as to give effect to the right to peaceful expression of views enshrined in the International Covenant on Civil and Political Rights (ICCPR)? 5796 LEGISLATIVE COUNCIL ─ 25 April 2007 SECRETARY FOR SECURITY (in Cantonese): Madam President, like other metropolitan cities, Hong Kong has legislation to regulate public meetings and processions. The purpose of such legislation is to maintain a proper balance between protecting an individual's freedom of expression and right to assembly, as well as safeguarding the broader interest of the community. In this connection, the police have always been committed to facilitating the conduct of lawful and peaceful public meetings and processions. Our reply to the three parts of the question is as follows: (a) In handling any public meetings or processions, just as I said right now, the aim of the police is to strike a proper balance between protecting an individual's rights and the broader interest of the community. The police would not allow a procession to continue if they have already raised objection to it. Nevertheless, some of the organizers might proactively contact the police, suggesting changes to the number of participants, routing, time or venue, in order to reduce the inconvenience that might be caused to the public. If the police assessed that the changes proposed by the organizers could suitably address the reasons for their original objection, the police would allow the organizers to continue with their procession. Taking 2002 to 2006 as an example, the police raised objections to six cases of notified processions. Among them, organizers of three cases subsequently reached agreement with the police on the routing or number of participants and hence the police allowed the processions to continue. As for the remaining three cases of processions to which objections were raised, the activities were eventually cancelled. Regarding the public activity scheduled to be held in the evening of 10 March this year (Saturday) as referred to in the question, it consisted of two parts, namely a public meeting and a public procession. The police did not object to the part concerning a public meeting. But for the procession, as the proposed routing would run through very busy road sections and the procession was scheduled to start in the evening peak hours, the police objected to LEGISLATIVE COUNCIL ─ 25 April 2007 5797 the procession on public safety and public order grounds and suggested the organizers to advance the procession to the afternoon of the day. However, the police's suggestion was not accepted by the organizers, who subsequently appealed to the Appeal Board on Public Meetings and Processions (the Appeal Board).