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Following is a written reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Kam Nai-wai in the Legislative Council today (June 27):
Question:
The footpath outside the entrance of the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (LOCPG) was originally nine metres in width, but on the ground of beautifying the road section concerned, the Government constructed a planter there in 2002, leaving the footpath with a width of three metres only. Some participants of processions have relayed to me that the large planter outside LOCPG has greatly narrowed the footpath and obstructed their demonstration activities. The Chairman of Independent Police Complaints Council (IPCC) indicated recently at a radio interview that removal of the planter outside LOCPG would facilitate processions, demonstration activities, and even enforcement actions of the Police. In this connection, will the Government inform this Council:
(a) given that the Chairman of IPCC indicated that removal of the planter would facilitate processions, demonstration activities, and even enforcement actions of the Police, whether the authorities will consider taking on board the views of the IPCC Chairman by removing the planter outside LOCPG; if they will not, of the reasons; whether the authorities need to consult LOCPG before removing the planter;
(b) given that some participants of processions have complained that demonstrators at the back cannot move forward whenever a large number of people gather outside LOCPG, and the authorities have indicated that they will not close more traffic lanes for participants of processions and demonstrations due to the limited space at that location, whether the authorities have other contingency measures in place to facilitate participants of processions going near the main entrance of LOCPG without obstructing the traffic of Connaught Road West outside the main entrance of LOCPG; if so, of the detailed measures; if not, the reasons for that;
(c) besides removing the planter and putting in place other contingency measures to enlarge the demonstration area outside LOCPG (demonstration area), whether the authorities will suggest LOCPG to move away from the Central and Western District and set up its office in a district with more public space;
(d) whether the large planter was constructed by the authorities at the request of LOCPG; whether they have assessed if the large planter keeps demonstrators far away from the demonstration area, resulting in suppression of the public's freedom of expression; and
(e) given that some participants of processions have pointed out that the conflicts between the Police and participants of processions have become more serious recently, and that the Police have adopted a more stringent approach to handle demonstrations, whether the authorities will consider giving the public a clear account on the strategies and arrangements adopted by law enforcement officers in handling public gatherings, demonstrations and processions, etc., so as to address the concerns of the public; if they will not, of the reasons for that?
Reply:
President,
This question involves different policy areas. The Security Bureau is responsible for the policy of the Police in handling public order events. We have consulted the bureau concerned on the reply to other parts of this question. Our reply to the various parts of the question is as follows:
(a), (c) and (d) According to the information provided by the Transport and Housing Bureau, the Government proposed in 2002 to carry out traffic improvement works on Connaught Road West to improve the road and traffic condition thereat. The proposed works included relocating the exit of a layby previously located at the section of Connaught Road West between Western Street and Water Street to a position that would provide a better driving sightline, away from the stairs of the Western Street footbridge. The proposed works would improve the undesirable situation that vehicles had to weave in and out of Connaught Road West with poor driving sightline. The construction of the planter at the relevant section of Connaught Road West was part of the works project and was meant for appropriate beautification of the road section concerned. The width of the footway is three meters after the road improvement works, which is in line with the width of the road section of Connaught Road West to which it is connected, i.e. both road sections are three meters wide. With a width of three meters at present, the footway conforms with the relevant standards in the Transport Planning and Design Manual.
It is noted that the Central and Western District Council had discussed the above planter and considered the submissions by different organisations and residents of nearby buildings. After discussion, the motion for removal of the planter was not passed. The SAR Government will not comment on the location of the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (LOCPG) as it is a decision made by the LOCPG.
(b) and (e) Hong Kong residents have the rights and freedom of speech which are protected under the Basic Law and the Hong Kong Bill of Rights Ordinance. The Police always handle public meetings and processions in a fair, just and impartial manner in accordance with the laws of Hong Kong. The operational policy of the Police is to endeavour to strike a balance by facilitating all lawful and peaceful public meetings and processions on one hand and, on the other hand, reducing the impact of such meetings and processions on other members of the public or road users and to ensure public order and public safety. Participants of public meetings or processions, in exercising their freedom of expression, should, under the premise of observing the Hong Kong law and without affecting public order, proceed in a peaceful and orderly manner.
Generally speaking, upon receipt of a notification of a public meeting, the Police will contact the event organisers as early as possible and maintain close communication with them to understand their needs and aspirations and to provide advice and assistance on crowd management. Police Community Relations Officers may also be present during an event as appropriate to act as a bridge of communication between the organiser and the Field Commander.
The Police will, having taken into account the number of participants and the information provided by the organiser, past experience in handling similar events and other operational considerations, such as the geographical constraints of the venue concerned, the nature and content of the event, the anticipated number of participants and the actual situation of the demonstration, as well as balancing the impact on local residents, traffic conditions and road users, consider setting up designated public activity areas (DPAAs), with a view to facilitating the conduct of public order events and ensuring public safety and public order.
In relation to the handling of public order events outside the main entrance of LOCPG, the Police have all along strictly followed the above-mentioned principles and rendered assistance so that public order events can be conducted in a peaceful and orderly manner. Concerning the arrangements for DPAAs, the Police will, in general, set up DPAAs on the pedestrian walkway of Connaught Road West and outside the main entrance of LOCPG to enable as far as possible that public order events are conducted in a safe and orderly manner. To ensure public safety and public order, the Police will also make appropriate manpower arrangements and adopt crowd control measures on the spot in the light of the circumstances and needs of such public order events.
As Connaught Road West outside the main entrance of LOCPG is a trunk road with heavy traffic, it is inadvisable to set up a DPAA in that section of the road as it may cause danger to demonstrators, other road users and the Police. Moreover, such an arrangement will unnecessarily affect the daily lives of people living in the District, including the assistance and services of emergency vehicles to be provided to residents in the vicinity, as well as the emergency vehicular access to the Western Harbour Crossing.
In 2011, over 6 800 public meetings and processions were held in Hong Kong, i.e. a daily average of more than 18 events, and most of them were conducted in a peaceful and orderly manner. The Police will continue to maintain communication and consultation with the organisers and take measures to ensure public order and safety during public order events.
Ends/Wednesday, June 27, 2012
Issued at HKT 14:54
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