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Short title and commencement
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(1) This Ordinance may be cited as the Public Order (Amendment) Ordinance
1997.
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(2) This Ordinance comes into operation on 1 July 1997.
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| 2.�/B>
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Interpretation
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(1) Section 2 of the Public Order Ordinance (Cap. 245) is amended by
being renumbered as subsection (1).
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(2) Section 2 is amended by adding -
"(2) In this Ordinance the expressions "public safety", "public order (ordre
public)", "the protection of public health" and "the protection of freedoms
and rights of others" are interpreted in the same way as under the International
Covenant on Civil and Political Rights as applied to Hong Kong. "National
security" means the safeguarding of the territorial integrity and the independence
of the People's Republic of China.".
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| 3.�/B>
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General powers of the Commissioner of Police
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(1) Section 6(1) is amended by repealing "the interests of public safety
or public order" and substituting "in the interests of national security
or public safety, public order (ordre public) or the protection of the
rights and freedoms of others"
(2) Section 6(2) is amended by repealing "to prevent an imminent threat
to public safety or public order" and substituting "in the interests of
national security or public safety, public order (ordre public) or the
protection of the rights and freedoms of others".
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| 4.
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Power of Commissioner of Police to prohibit notified public meeting
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(1) Section 9(1) is amended by repealing "the interests of public safety
or public order" and substituting "in the interests of national security
or public safety, public order (ordre public) or the protection of the
rights and freedoms of others".
(2) Section 9(4) is amended by repealing "public safety or public order"
and substituting "national security or public safety, public order (ordre
public) or the protection of the rights and freedoms of others".
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| 5.�/B>
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Requirements and conditions applying to public meetings
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Section 11(2) is amended by repealing "the interests of public safety
or public order" and substituting "in the interests of national security
or public safety, public order (ordre public) or the protection of the
rights and freedoms of others".
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| 6.�/B>
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Regulation of public processions
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Section 13(1) is repealed and the following substituted -
"(1) A public procession may take place if, but only if -
(a) the Commissioner of Police is notified under section 13A of the intention
to hold the procession;
(b) the Commissioner of Police has notified under section�
14(4) the person that he has no objection to the procession taking place
or is taken to have issued a notice of no objection; and
(c) the requirements under section 15 are complied with.".
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| 7.�/B>
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Power of Commissioner of Police to prohibit notified public procession
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Section 14 is repealed and the following substituted -
"14. Right of Commissioner of Police to object to public procession
(1) Subject to subsection (5), the Commissioner of Police may object to
a public procession being held if he reasonably considers that the objection
is necessary in the interests of national security or public safety, public
order (ordre public) or the protection of the rights and freedoms of others.
(2) If the Commissioner of Police objects to the public procession being
held he shall as soon as is reasonably practicable and within the time
limited under this Ordinance -
(a) notify in writing the person who gave notice under section 13A or a
person named for the purposes of section 13A(4)(a)(i) of his objection
and reasons; or
(b) publish a written notice of the objection and reasons in the manner
he thinks fit; or�
(c) post a written notice of the objection and reasons in the place he
thinks fit.
(3) The Commissioner of Police shall not issue a notice of objection for
a public procession, other than one held solely for a funeral as referred
to in section 13A(1)(a) -
(a) if notice of a procession is given in accordance with section 13A(1)(b),
later than 48 hours before the notified commencement time of the procession;
(b) if shorter notice of 72 hours or more is accepted by the Commissioner
of Police under section 13A(2), later than 24 hours before the notified
commencement time of the procession;
(c) if shorter notice of less than 72 hours is accepted by the Commissioner
of Police under section 13A(2), later than the notified commencement time
of the procession.
(4) If the Commissioner of Police does not object to a public procession
being held he shall notify the person who gave notice under section 13A
or a person named for the purposes of section 13A(4)(a)(i) in writing of
his having no objection as soon as is reasonably practicable and within
the time limited for him to give notice of objection under this Ordinance.
If the Commissioner does not notify, post or publish his having an objection
in accordance with subsection (2) and within the time limited under this
Ordinance, the Commissioner is taken to have issued a notice of no objection
for the public procession.
(5) The Commissioner of Police shall not exercise his right under subsection
(1) to object to holding of a public procession if he considers that the
interests of national security or public safety, public order (ordre public)
or the protection of the rights and freedoms of others could be met by
imposing conditions under section 15(2).".
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| 8.�/B>
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Requirements and conditions applying to public processions
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Section 15(2) is amended by repealing "the interests of public safety
or public order" and substituting "in the interests of national security
or public safety, public order (ordre public) or for the protection of
the rights and freedoms of others".
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| 9.�/B>
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Appeals
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Section 16 is repealed and the following substituted -
"16. Appeals
(1) A person, society or organization -
(a) named in a notice given under section 8 or 13A;
(b) to whom a notice of prohibition is given under�
section 9; or
(c) to whom notice of objection is given under section�
14,
who is aggrieved by the decision of the Commissioner of Police to prohibit
a public meeting, to object to a public procession or to impose conditions
on the holding of a public meeting or public procession may appeal to the
appeal board.
(2) In this section "appeal board" means an appeal board constituted under
section 44.".
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| 10.�/B>
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Offences in relation to sections 6, 7, 8, 9, 11, 13, 13A, 14, 15
and 17
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Section 17A(1)(d)(iii) is repealed and the following substituted -
"(iii) which is prohibited under section 9 and which prohibition has not
been reversed on appeal,; or
(iv) which is objected to under section 14 and which objection has not
been reversed on appeal,".
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| 11.�/B>
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Proof
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Section 17F(a) is amended by repealing "14" and substituting " an objection
given under section 14".
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| 12.�/B>
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Closed areas
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Section 36(1) is amended by repealing "security," and substituting
"national security or public safety, or the protection of". |
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| 13.�/B>
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Constitution and powers of Appeal Board
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Section 44(4) is amended by adding ", objection" after "prohibition".
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| 14.�/B>
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Terms substituted
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For the provisions set out in column 1 of the Schedule, the terms set
out in column 2 are repealed and substituted by the terms set out in column
3.
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| 15.�/B>
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Confirmation of Public Order (Amendment) Ordinance 1995 and Public
Order (Amendment) Ordinance 1996
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Subject to the amendments made in this Ordinance, the Public Order
(Amendment) Ordinance 1995, the Public Order (Amendment) Ordinance 1996
and any other amendments made to the Public Order Ordinance since the Public
Order (Amendment) Ordinance 1995 are confirmed.
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| 16.�/B>
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Arrangements for public processions from 1 to 9 July 1997
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(1) Without prejudice to the power of the Commissioner of Police to
accept shorter notice, for a public procession to be held during the period
from 1 July 1997 to 3 July 1997 (both days included), notice of intention
to hold the public procession shall be given in writing to the Commissioner
of Police not later than 11 a.m. on -
(a) 24 June 1997, for a public procession to be held on 1 July 1997;
(b) 25 June 1997, for a public procession to be held on 2 July 1997;
(c) 26 June 1997, for a public procession to be held on 3 July 1997.
(2) Without prejudice to the power of the Commissioner of Police to accept
shorter notice, for a public procession to be held during the period from
4 July 1997 to 9 July 1997 (both days included), notice of intention to
hold the public procession shall be given in writing to the Commissioner
of Police not later than 11 a.m. on 27 June 1997.
(3) If the Commissioner of Police notifies a person of conditions imposed
under section 15(2) before 1 July 1997, the Commissioner's notification
is taken to be a notice of no objection.
(4) If the Commissioner of Police prohibits the public procession before
1 July 1997, the prohibition is taken to be a notice of objection.
(5) If the Commissioner of Police notifies the person giving notice of
intention to hold a public procession that the Commissioner does not accept
shorter notice, the Commissioner's notification is taken to be a notice
of objection.
(6) If the Commissioner of Police does not give notice under subsection
(3), (4) or (5) before 1 July 1997, this is taken to be a notice of no
objection.
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