Government’s decision to limit public’s access to Civic Square was unconstitutional, Hong Kong court rules
- Mr Justice Thomas Au says scheme infringed public’s rights under Basic Law and Bill of Rights
- Government urged not to appeal ruling and review how it manages access to forecourt outside its Admiralty headquarters
The scheme that limited when protesters could use the forecourt outside the Hong Kong government’s headquarters was unconstitutional, the High Court declared on Monday.
Mr Justice Thomas Au Hing-cheung said the move infringed the public’s rights to freedom of expression, assembly, and to participate in public affairs, as provided by the Basic Law and the Bill of Rights.
The successful judicial review was welcomed by pro-democracy lawmakers, who urged the government to review its existing restrictions to allow more public assemblies.
Au’s 36-page ruling came four years after retired photographer Cheung Tak-wing took the Director of Administration to court for refusing his application to use the forecourt on the sole basis that his event fell on a weekday.
The space in Admiralty – dubbed “Civic Square” by pro-democracy protesters – had been a popular spot for anti-government demonstrations. It was best known for being the base of protesters in a 2012 hunger strike against the proposed implementation of a Chinese national education curriculum in Hong Kong schools.