Public Order Ordinance
| Public Order (Amendment) Ordinance 1997 | |
|---|---|
 |
|
| Provisional Legislative Council | |
| An ordinance to consolidate and amend the law relating to the maintenance of public order, the control of organisations, meetings, processions, places, vessels and aircraft, unlawful assemblies and riots and matters incidental thereto or connected therewith. | |
| Citation | Cap. 245 |
| Enacted by | Provisional Legislative Council |
| Date commenced | 1 July 1997 |
| Legislative history | |
| Bill published on | 17 May 1997 |
| Introduced by | Secretary for Policy Co-ordination Michael Suen |
| First reading | 17 May 1997 |
| Second reading | 14 June 1997 |
| Third reading | 14 June 1997 |
The Public Order Ordinance is the Cap. 245 in the Laws of Hong Kong last amended in 1997 relating to the maintenance of public order, the control of organisations, meetings, processions, places, vessels and aircraft, unlawful assemblies and riots and matters incidental thereto or connected therewith. It has been one of the most controversial law in Hong Kong of restricting people's freedom of expression and assembly.
The most significant version of the Ordinance was passed by the British colonial government during the Hong Kong 1967 Leftist riots to give the power to Hong Kong police to arrest the pro-communist rioters. The bill was published on 6 October 1967 and was passed into law on 15 November 1967 by the Legislative Council. Before the enactment of the Public Order Ordinance 1967, the law dealing with public order was to be found in the Public Order Ordinance, the Peace Preservation Ordinance, the Summary Offences Ordinance and in the common law. The 1967 version of the law was a consolidation of various pieces of preexisting legislation.
Under the revised Public Order Ordinance in 1980, it generated a licensing system for gatherings in public place.
In 1991 the final years of the colonial rules, the Hong Kong Bill of Rights Ordinance Cap. 383 was enacted. A number of ordinances, including the Public Order Ordinance that may violate the Bill of Rights Ordinance had to be reviewed.
In 1995, most provisions in the law was repealed by the Legislative Council as part of the government to bring Hong Kong law in line with the International Covenant on Civil and Political Rights, and the licensing system was replaced by a simple notification procedure.
In October 1996, Democratic Party's legislator James To introduced a private member's bill to amend section 6 of the Ordinance to remove the power of the Commissioner of Police to control the extent to which music or speech might be amplified. The Secretary for Security Peter Lai moved an amendment to make it more explicit that the Commission of Police would exercise such power only if "he reasonably considers it to be necessary to prevent an imminent threat to public safety or public order". The Secretary for Security's amendment was carried and the 1996 Amendment Ordinance came into effect on 20 December 1996.
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