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The following is issued on behalf of the Appeal Board on Public Meetings and Processions:
The Appeal Board on Public Meetings and Processions (the Appeal Board) announced today (January 14) that an appeal lodged by the Hong Kong Confederation of Trade Unions (the Confederation) against the decision of the Commissioner of Police to impose a condition on a public meeting had been dismissed by the Appeal Board.
The condition as stated in the Police¡¯s ¡°no-objection letter¡± was that ¡°Due to the large number of pedestrians using the area for public safety reasons you (the person submitting the notification) should use battery powered devices rather than naked flames during the ¡®candle light vigil¡¯ ¡±. The public meeting was held in the evening of December 29, 2005 at an area between Exit A1, Tsim Sha Tsui MTR Station and the side entrance to Kowloon Park, Tsim Sha Tsui.
The Appeal Board, chaired by Mr Raymond Sears and comprised three other members, met on January 10 to hear the appeal. Having considered the justifications provided by the appellant as well as the submissions and explanations by the government representatives, the Appeal Board decided to uphold the Police¡¯s original decision and thus dismissed the appeal.
¡°The ruling of the Appeal Board was made on the basis that the condition so imposed was reasonable and in the interests of public safety, rather than being intended to restrict the public¡¯s rights and freedoms of assembly,¡± a spokesman for the Board said.
¡°The Appeal Board was also satisfied that the Police had taken appropriate steps to facilitate the Confederation in the conduct of a public meeting, as well as to ensure that public safety was not at risk,¡± the spokesman added.
Constituted under section 44 of the Public Order Ordinance (POO) (Cap. 245), the Appeal Board is tasked to consider appeals against a prohibition under section 9, an objection under section 14, or the condition imposed or amended by the Commissioner of Police under section 11 or section 15 of the POO. The Appeal Board may confirm, reverse or vary the decision being appealed against.
Ends/Saturday, January 14, 2006
Issued at HKT 13:55
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