Right to assemble legitimate but must consider societal effects: Wong

Secretary for Security Wong Sio Chak stated yesterday that the right to assemble and demonstrate is a legitimate civil right deserving protection, but it is crucial to consider its societal impact when exercised.

These remarks were made in response to media inquiries regarding a group that was “advised” to cancel its Labor Day march, coinciding with the arrest of a local man for allegedly violating the Law on Assembly and Demonstration.

The Secretary emphasized that for every assembly and demonstration, the police will always provide support during public gatherings to ensure that citizens’ rights and freedoms are safeguarded: “This practice has not changed over the years.”

Citing a case in Spain where two groups applied to hold marches with conflicting ideologies, the police determined that simultaneous events could lead to significant clashes, jeopardizing social order. Wong pointed out that “when engaging with groups, the police consider not only issues of order but also various other aspects of communication.”

He went into detail about such a case: “Despite their responsibility to maintain order, the police ultimately decided not to approve either march. Upon appeal, the Spanish court upheld this decision, acknowledging the police’s concerns for social and public safety.”

Continuing his discussion on legal understanding, Wong emphasized that police around the world prioritize public order when addressing conflicts. In the event of clashes, they must carefully assess the situation.

“As I noted in the example from Spain, the police’s decision was driven by concerns for social order. In international conventions, restrictions on assemblies and demonstrations are generally tied to national security, public safety and social order.”

“National security, public safety and social order are closely tied to the overall interests of the state,” he stressed. “No individual’s interests should undermine the public good.”

The Secretary reaffirmed that the cancellation of the group’s activities followed standard procedures, with the police communicating with the group, stating, “No pressure was applied. The police enforced the law in accordance with legal standards.”