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POERN 19009126

Organization : Civil Human Rights Front


Date : 2019-07-21 (Sunday)
Time : (1) Start at 3:00 p.m. and end at 3:30 p.m.; but when
the participants of the public meeting, awaiting the
start of the public procession, have occupied about
85% of No.1-6 Football Pitch, Victoria Park, the
public procession has to set off from Victoria Park
(whichever is earlier)
(2) Start at 3:30 p.m. or when the participants of the
public meeting, awaiting the start of the public
procession, have occupied about 85% of C No.1-6
Football Pitch, Victoria Park, the public procession
has to set off from Victoria Park (whichever is
earlier) and end at 9:00 p.m.
Location / Route : (1) No.1-6 Football Pitch and Central Lawn, Victoria
Park
(2) No.1-6 Football Pitch and Central Lawn, Victoria
Park (starting point) →Luard Road (northbound
carriageway) junction with Johnston Road
(finishing point)
Nature of Event : (1) Public Meeting
(2) Public Procession
Purpose of Event : To request for the independent inquiry

According to Sections 11(2) and 15(2) of the Public Order Ordinance,


Cap. 245, Laws of Hong Kong, the Commissioner of Police may impose conditions
upon any public meeting / procession, of which notification has been received, for the
purpose of maintenance of public safety, public order (the term as used in this letter
refers to the maintenance of public order and prevention of public disorder), or the
protection of the rights and freedom of others. Having given consideration to the
particular details of the public meeting / procession you intend to hold, the
Commissioner has decided that it is reasonable and necessary to impose the following
conditions:

Condition Imposed upon the Public Meeting

(a) Police will deploy officers to assist the public meeting according to
the date, time and location as stated the notification you submitted
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on 12th July 2019 and the amended notifications you submitted on
16th, 17th and 18th July 2019. Any changes in date, time or
location of the public meeting may affect the Police deployment
that has been arranged for the public meeting and Police ability to
provide emergency services to the public, thereby affecting public
safety and public order. For this reason, the public meeting is to
be held on Sunday, 21st July 2019 according to the following time
and location:

Time
Start at 3:00 p.m. and end at 3:30 p.m.; but when the participants of
the public meeting, awaiting the start of the public procession, have
occupied about 85% of No.1-6 Football Pitch, Victoria Park, the
public procession has to set off from Victoria Park (whichever is
earlier)

Venue
No.1-6 Football Pitch and Central Lawn, Victoria Park*

* Remarks: Approval of venue management must be obtained for


the holding of public meeting at No.1-6 Football Pitch and Central
Lawn, Victoria Park.

Conditions imposed upon the arrangement and route of the Public


Procession

(b) In your amended notifications submitted on 17th and 18th July 2019,
you proposed to hold the public procession from No.1-6 Football
Pitch and Central Lawn, Victoria Park to Chater Road Pedestrian
Precinct between 3:30 p.m. and 11:59 p.m. on 21st July 2019 and
the notified number of participants is 50,000.

Upon assessment by the Police in consideration of the safety and


freedom of the participants, public safety and public order at the
venue for public meeting, and protection of the rights and freedom
of others (including other road users and members of public), it is
considered that the participants should not finish the public
procession at Chater Road Pedestrian Precinct at 11:59 p.m. on 21st
July 2019 according to the amended notifications you submitted on
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17th and 18th July 2019 with the following reason:

According the information being circulated on the Internet,


someone is now encouraging others to assemble at Admiralty area
and would breach of the peace, carry out violent acts (including
assaulting on Police Officers) as well as storm the Central
Government Complex. In consideration of public safety
(including the personal safety of participants of the public
procession, press, Police office and other members of public at
scene), public order, and protection of the rights and freedom of
others (including other road users and members of public), it is
considered that the risk of public safety and public order would be
very high if the public procession is passing through Admiralty
area. Therefore, it is considered that the public procession is
required to be finished at Luard Road (northbound carriageway)
junction with Johnston Road at 9:00 p.m.

Upon assessment by the Police in consideration of public safety


and public order, and protection of the rights and freedom of others
(including other road users and public members), the
Commissioner of Police is decided to impose condition on the
route and timing of the public processions on 21st July 2019
proposed by you. Therefore, the public procession on Sunday,
21st July 2019 shall be held according to the following time and
route, and it shall remain on and proceed along the pavement or
lane(s) designated by the Police:

Time
Start at 3:30 p.m. or when the participants of the public meeting,
awaiting the start of the public procession, have occupied about
85% of No.1-6 Football Pitch, Victoria Park, the public procession
has to set off from Victoria Park (whichever is earlier), and end at
9:00 p.m.

Route
No.1-6 Football Pitch and Central Lawn, Victoria Park (starting
point) → South Boulevard, Victoria Park → cross basketball
courts, Victoria Park → via Gate No. 15 & 16 of the Victoria
Park → cross Causeway Road → Causeway Road (westbound
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carriageway) → Leighton Road (westbound carriageway) →
Irving Street (westbound carriageway) → Pennington Street
(northbound carriageway) → Yee Wo Street (westbound
carriageway) → Hennessy Road (westbound carriageway) →
Luard Road (northbound carriageway) → Luard Road
(northbound carriageway) junction with Johnston Road (finishing
point);

(c) In consideration of public safety and public order, and protection of


the rights and freedom of others (including other road users and
public members), the Police will arrange the public procession to
proceed along the pavement, the westbound carriageway as well as
the eastbound and westbound tram lanes* of the public procession
route as stated in condition (b), whereas the eastbound carriageway
of Causeway Road, Yee Wo Street and Hennessy Road will be
reserved for the use by emergency vehicles and other road users;

* Remarks: The eastbound and westbound tram tracks at Yee Wo


Street and Hennessy Road between Pennington Street and Heard
Street are designated for the public procession.

Conditions imposed upon the number of participants, the leading vehicle and
behaviour of the participants of public meeting / procession

(d) Police will deploy appropriate number of officers to facilitate the


safe conduct of the public meeting / procession if necessary
according to the notified number of participants. The number of
Police officers deployed affects other policing duties in Hong Kong,
for example, the effectiveness of emergency response to incidents.
Moreover, the number of participants and vehicles participating in
the event also affects the extent of road closures along the public
procession route and the times taken for the public meeting /
procession to complete, thereby affecting public safety and public
order. For these reasons, you shall promptly inform the Police if
you at any time know or believe or anticipate that the number of
participants and vehicle will be significantly greater or less than
10,000 participants for public meeting, 50,000 participants for
public procession and one vehicle as mentioned in your amended
notification on 17th July 2019;
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(e) You should make best endeavours to ensure that the vehicle used
for leading the public procession should be limited to one and the
vehicle concerned should be parked at Ngan Mok Street at
2:00 p.m. on 21st July 2019 for Police examination. It should be
filled with sufficient fuel for the whole journey of the public
procession on that day. After examination to ensure its safety, the
vehicle should wait at Lau Li Street and in compliance with
instructions given by the Police to proceed to Causeway Road
(westbound carriageway) for leading the public procession;

(f) Your attention is drawn to the roadworthiness in respect of the


performance and construction of the above-stated vehicle, and the
vehicle and its driver must fully comply at any time with the Road
Traffic Ordinance, Cap. 374, Laws of Hong Kong and the
stipulations stated in its subsidiary legislations at any time, to
prevent from posing risk or causing obstruction to participants and
other road users;

(g) According to your amended notification you submitted on 17th July


2019, some of the carriageways and pavement on Hong Kong
Island will be used for the public procession. In order to
minimize the effect on emergency services and safeguard the right
of members of the public using the roads, you shall assist to ensure
that the leading vehicle and participants shall proceed in a
reasonable speed and shall not cause unreasonable obstruction to
the public procession itself, the other road users and the traffic
along the route, which endanger the public safety, public order or
rights and freedom of others. The driver of leading vehicle has to
comply with the instructions given by the Police throughout the
procession (including instruction on the speed of the vehicle and
whether to stop or move forward) and maintain an appropriate
safety distance from the public procession. The public procession
is required to move along the designated route and arrangements
stated in Conditions (b) and (c) and instruction from the Police, and
to pause or proceed in batches to facilitate crowd management and
traffic management measures if necessary;

In addition, when the leading vehicle arrives at Luard Road


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(northbound carriageway) junction with Johnston Road, it shall
follow the instruction by the Police to leave;

(h) The holding of public procession on thoroughfares or pavement


affects other members of the public using the roads. If it is
necessary for participants to cross any road, the Police may
implement temporary traffic control measures in order to ensure
public safety and public order, and protect the rights and freedom
of others, thereby causing inconvenience to other road users and
affecting the ability of emergency services. For this reason, the
participants of the public procession shall cooperate with the Police
and comply with instructions given by the Police with due regard
to the prevailing traffic conditions while crossing roads, and, if
necessary, give way to motor vehicles and other road users;

(i) In order to maintain public safety, public order and protect the
rights and freedom of others, you shall provide sufficient marshals
to appeal the participants to proceed in a safe manner and follow
the instructions given by the Police throughout the public meeting /
procession. You shall also prevent participants to bring along
with them any oversize object or sharp object for the purpose of
demonstration. Moreover, you shall provide details of the contact
person with whom the Police can liaise with if discussion is
required. Besides, the marshals should make best endeavours to
ensure that no dangerous situation occurs arising from
overcrowding during the public meeting / procession. For this
reason, you are required to arrange 100 marshals as mentioned in
the amended notification you submitted on 17th July 2019 to
provide assistance throughout the public meeting / procession;

(j) During the public meeting / procession, Police will implement tidal
flow measure to control the crowd inside the Victoria Park as the
Gate 14 of Victoria Park is one of the main access for the public.
For this reason, the public procession shall cooperate with the
Police and comply with instructions given by the Police with due
regard to the prevailing crowd situation while crossing the
basketball courts of Victoria Park, and, if necessary, give way to
the people who are entering the Victoria Park;

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(k) You shall appeal to the participants that they should not engage in
any activities of fund-raising, for examples, flag-selling,
exchanging of badges, tokens or similar articles for obtaining
money without any public subscription permit; and no participant
is allowed to hawk in any street for any purpose without temporary
hawker licence;

(l) You shall appeal to the participants, whose taking part in


fund-raising, hawking or any other propaganda activities, that have
been granted the relevant permit or licence, to have their stalls or
related temporary erected structures not to cause obstruction to the
public procession, and endanger the safety of the public procession
participants or other road users;

(m) Upon the arrival at Luard Road (northbound carriageway) junction


with Johnston Road, you shall endeavour to assist the Police to call
on the participants to leave and disperse in order to lower the risk
of public safety and public order because of overcrowded. After
the conclusion of the event, you shall stay at the finishing point and
call on the participants to leave and disperse via PA system until
the majority of participants has left.

(n) Experiences have shown that messages communicated by the event


organizers to the participants can be an effective way to assist the
Police to maintain public safety and public order, and protect the
rights and freedom of others. For this reason, you are required to
maintain contact with the Police officers responsible for the public
meeting / procession and assist the Police to communicate with the
participants when asked to do so by Police officers; and

(o) Since there will be other large scale public events to be held in
Hong Kong Island on 21st July 2019, in order to maintain public
safety, public order and ensure the safety of your participants, you
shall comply with instructions given by the Police, to disperse the
public meetings/procession earlier where necessary.

You are reminded that:


(1) The word ‘you’ mentioned in Conditions (a) to (o) is referred to the
organizer or the person nominated by the organizer to act in his
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place (if he is unable to attend);

(2) Any changes of details of the notified public meeting / procession


may affect Police deployment in ensuring public safety and public
order, and protecting the rights and freedom of others. For this
reason, you are urged to inform the Police of any changes as soon
as practicable so that conditions may be amended under sections
11(4) and 15(3) of the Public Order Ordinance, if necessary; and

(3) According to section 17A(1A) of the Public Order Ordinance, any


person who without reasonable excuse contravenes section 11(5) or
15(4), i.e. failing to comply forthwith with any direction given to
him by a police officer for ensure compliance with or the due
performance of any of the requirements of sections 11(5) and 15(4)
or the above-stated conditions imposed by the Commissioner of
Police, commits an offence and is liable to a fine at level 2
($5,000-HKD) and to imprisonment for 12 months.

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Annex

Notes to Organizers

(I) Concerned Issue

The possible gathering of dissidents due to the nature of the event, and which may
lead to breach of peace or other unlawful activities. Organizers shall take reasonable
and appropriate measures to ensure the event is conducted in lawful and orderly
manner.

(II) Role and General Requirements of Marshals

Role
1. Assist the organizer to maintain order during the event; and
2. Take reasonable measures to ensure the safety of the participants.

General Requirements
1. The marshals should be clearly identified by coloured coats, vests, caps or
arm-bands;
2. Be conversant with facilities and layout of the venue, and the activities to be
conducted;
3. Be conversant with the conditions imposed, if any, by the Police under the Public
Order Ordinance (Cap. 245);
4. Be equipped with communication device and/or loudhailer as far as practicable;
5. Inform the Police an appeal to those related people not to do anything illegal if it
is anticipated that public order or public safety may be jeopardised;
6. Priority should be to given to take care of young persons, the elderly, the
disabled or anyone in need, if necessary;
7. Assign a ‘head marshal’ who will be a contact person and maintain close liaison
with the Police;
8. Comply with all lawful orders given by the Police;
9. Control the volume of any amplification device so that it would not exceed the
tolerable level of a reasonable person;
10. Assist the Police to manage the crowd; and
11. Assist the organiser to clean up the venue upon conclusion of the event.

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(III) Arrangement of the pedestrian crossing outside SOGO Department Store
and Paterson Street

Experiences have shown that during large-scale processions, a huge number of


participants crossed Yee Wo Street by way of the pedestrian crossing outside the
SOGO Department Store and at Paterson Street, with the intention of joining the
procession from Victoria Park. This led to serious obstruction and delayed the
progress of the procession, and also seriously affected traffic flow on the eastbound
carriageway and its use by emergency vehicles, thereby severely threatening public
safety and public order. For this reason, the Police will temporarily close these two
pedestrian crossings during the procession. The organizer shall appeal to
participants not to join the procession by way of the two said pedestrian crossings.

(IV) Other relevant legislation and advisory notes

The organizer of public meeting/public procession should take note of the followings,
whenever applicable:

1. The organizer should apply to other organizations for permission to use locations
or premises under their administration.

2. The organizer or, if he is not present, a person nominated by him to act in his
place, should with due diligence appeal to all participants to comply forthwith
with any direction given to them by any police officer, and obey the existing
laws and regulations, in particular:

 Intimidation: Under Section 24 of the Crimes Ordinance, Cap. 200, any


person shall not threaten any other person with injury to their person,
reputation or property, with intention to alarm the person so threatened; or
to cause the person so threatened or any other person to do any act which he
is not legally bound to do; or to cause the person so threatened or any other
person to omit to do any act which he is legally entitled to do,

 Defilement of National or SAR Flags or Emblems: Under Sections 7 of the


National Flag and National Emblem Ordinance, and the Regional Flag and
Regional Emblem Ordinance, any person shall not desecrate a national or
regional flag or emblem by publicly and wilfully burning, mutilating,
scrawling on, defiling or trampling on it;

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 Bonfires: Under Section 4(14) of the Summary Offences Ordinance, Cap.
228, any person shall not wantonly or negligently make any bonfire to the
damage or danger of any person;

 Road Traffic: Any person shall observe the provisions of the Road Traffic
Ordinance, Cap. 374, Public Bus Services Ordinance, Cap 230 and the
related subsidiary legislation (e.g. No passenger shall stand on the upper
deck of a bus while the bus is moving) at all times;

 Vehicles: Under the provisions of the Road Traffic Ordinance, Cap 374 and
the related subsidiary legislation, all vehicles participating in the event
should be roadworthy;

 Fund Raising: Any person shall not conduct any fund raising, flag selling or
exchange for donations of badges, tokens or similar articles unless with a
permit from either the Director of Social Welfare or the Secretary for Home
Affairs under Section 4(17) of the Summary Offences Ordinance, Cap. 228;

 Hawking: Under Section 83B of the Public Health and Municipal Services
Ordinance, Cap. 228, any person shall not hawk unless with a licence issued
by the Food and Environmental Hygiene Department under the Hawker
Regulation under the Public Health and Municipal Services Ordinance, Cap.
132AI,;

 Noise: Under Section 5 of the Noise Control Ordinance, Cap. 400, any
person who at any time in any domestic premises or public place plays or
operates any musical or other instrument; or uses any loud-speaker,
megaphone, or other device or instrument for magnifying sound, the noise
of which is a source of annoyance to any person commits an offence;

 Lion/Dragon/Unicorn Dance: Under Section 4C of the Summary Offences


Ordinance, Cap. 228, any person who organizes or participates in a lion
dance, dragon dance or unicorn dance, or any attendant martial arts display,
in a public place save under and in accordance with the conditions of any
such general or special permit as from the Commissioner of Police in his
absolute discretion may issue, is guilty of an offence;

 Posters: Under Section 104A of the Public Health and Municipal Services
Ordinance, Cap. 132, no bill or poster shall be displayed or affixed on any
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private land, except with the written permission of the owner or occupier
thereof; or on any Government land, except with the written permission of
the Authority;

 Drone: Under Section 48 of Air Navigation (Hong Kong) Order 1995, Cap.
448C, a person shall not recklessly or negligently cause or permit an aircraft
to endanger any person or property; and

 Graffiti: Under Section 8(b) of the Summary Offences Ordinance, Cap. 228,
any person shall not without the consent of the owner or occupier writes
upon, soils, defaces or marks any building, wall, fence or paling with chalk
or paint or in any other way whatsoever; or wilfully breaks, destroys or
damages any part of any building, wall, fence or paling, or any fixture or
appendage thereof.

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