Call for police safeguards
LEGISLATORS yesterday demanded statutory, independent safeguards to stop police abusing their powers over demonstrations and meetings.
They said it was imperative to set up an independent appeal channel to check and balance the force's power.
Under the Public Order (Amendment) Bill 1994, the Commissioner of Police is allowed to ban or impose conditions on any public meetings or rallies in the interests of safety and order.
Anyone aggrieved by such decisions can appeal to the Governor.
But legislators said this was unsatisfactory. The Governor was part of the executive and it was wrong to let him check police power.
Principal Assistant Secretary for Security Karen Pong Kwok-hing said officials were aware of the concerns and were thinking of a better option.
Several options, including setting up an independent appeal board and going to court for a ruling, were being considered.
Democratic Party member Cheung Man-kwong said a credible system must be in place to provide the proper checks and balances because banning a meeting was a sensitive issue.
He asked the administration to consider the British practice of leaving this power to local councils.
Liberal Party member Selina Chow Liang Shuk-yee said the appeal mechanism must be independent and non-political and urged the Government to come up with a decision quickly.
Another Democratic Party member, Szeto Wah, said organisers must be allowed to appeal before the scheduled date of an event because it was pointless to do so several months later.
Mrs Pong said the administration was prepared to limit the use of the controversial Section 6(a), which gave the Commissioner of Police the power to control the broadcast of human speech or any sound.
Legislators said this was tantamount to censorship.
She promised to amend it to restrict its application to where the Commissioner thought it was needed to prevent a breach of the peace.
