MR Justice Bokhary has called for firmer and wider use of existing police powers to prevent ''deadly'' gatherings of people threatening a repeat of the Lan Kwai Fong tragedy.
He criticised police for inadequately assessing the difficulty posed by the unlimited crowd on New Year's Eve and said officers had the right to control access in public places if safety was at risk.
Quoting the Public Order Ordinance, the Police Force Ordinance and the Bill of Rights, Mr Justice Bokhary said an individual's fundamental rights included the ''right to life''.
''The danger to be avoided is a deadly one to each and every person concerned,'' he said in the preliminary findings of the independent inquiry.
The inquiry was ordered by the Governor, Mr Chris Patten, after the deaths of 21 people in a crush just after midnight on January 1.
''One of the paramount duties of the police is to preserve human life,'' Mr Justice Bokhary said.
''What must be avoided is a situation where people are . . . so densely packed that there is a real risk of a human pile-up.