3. Right of Commissioner of Police to prohibit public meetings and object to public processions

3. Right of Commissioner of Police to prohibit public meetings and object to public processions

Upon receiving a notice of intention to hold a public meeting or a public procession, the Commissioner of Police may issue a Notice of Prohibition against the holding of a public meeting or a Notice of Objection against the holding of a public procession.

The Commissioner of Police may (1) prohibit a public meeting of 50 or more people, or (2) object to a public procession of 30 or more people, being held if he considers that it is necessary in the interests of national security, or public safety, public order or the protection of the rights and freedoms of others.

If a notice of intention to hold a public meeting or a public procession is given to the Commissioner of Police at least one week before the intended date, the Commissioner of Police may not issue a notice of prohibition or a notice of objection later than 48 hours before the commencement of the notified meeting or procession.

If a notice of intention to hold a public meeting or a public procession is given to the Commissioner of Police 72 hours or more before the holding of the public meeting or procession and accepted by him, the Commissioner of Police may not issue a notice of objection later than 24 hours before the commencement of the notified meeting or procession.

If a notice of intention to hold a public procession is given to the Commissioner of Police less than 72 hours before the holding of the public procession and accepted by him, the Commissioner of Police may not issue a notice of prohibition or a notice of objection later than the notified commencement time of the procession.

The Commissioner of Police may prohibit a public meeting or object to a public procession on the grounds of national security or public safety, public order or the protection of the rights and freedoms of others.

If the Commissioner of Police does not object to a public procession being held, he shall issue a notice of no objection at least 48 hours or 24 hours before the holding of the public procession as the case may be, or before the commencement of the notified procession.  If the Commission of Police does not issue a notice of no objection within the time required by the Public Order Ordinance, he is taken to have issued a notice of no objection for the public procession.