Secretary for Security TK Lai has reiterated that Police handle public meetings and processions in a fair, just and impartial manner in accordance with the laws of Hong Kong.
Speaking at the Legislative Council today, Mr Lai said there has been a significant increase in the number of cases involving disturbance of public order and related unlawful acts in recent years. He said Police, in considering the possible repercussions and severity of the situation at the scene, need to take decisive actions in such cases.
He said a total of 444 protesters were arrested last year, out of which 397 were for unlawful assembly, obstructing district trunk routes or other unlawful acts during three public order events. On the advice of the Department of Justice, 54 were prosecuted.
According to Police internal guidelines, the department's prior advice will be sought if Police intend to press charges against anyone arrested in public order events. They will also seek the department's advice as to which provisions will be invoked when pressing charges.
According to information provided by the department, decisions of prosecution, by means of the Public Order Ordinance or the Offences Against the Person Ordinance, are all based on the established and open principles in its Statement of Prosecution Policy & Practice, and are free from political, media or public pressure.
In considering whether charges should be pressed in accordance with the Public Order Ordinance, the department will take into account the same factors as when handling other criminal prosecution cases, such as whether there is sufficient evidence; whether there is a reasonable prospect of conviction; and, in cases where there is sufficient evidence, whether the public interest requires a prosecution to be pursued.
Mr Lai said Police will continue to communicate with and secure the support of event organisers, and take lawful measures to ensure order and safety during public order events.