A Procession, a Slogan and the National Security Law
A community group applies under the Public Order Ordinance for a procession of 300 people in Causeway Bay on a Sunday afternoon. The route passes a busy shopping area. The group has held 20 similar events in three years without violence. Its social media page shows a banner that reads: 'Hong Kong independence is the only way - free the city.' At the station, a constable asks you, a sergeant, whether the event can be banned outright because of the banner, and whether the banner itself is an offence under the National Security Law. The organiser says the banner is 'just a slogan' and that Article 27 of the Basic Law protects freedom of expression. No intelligence suggests violence. The application was received within the statutory notice period. A decision is required by tomorrow.
1. Set out the legal framework you would apply, distinguishing the procession decision from the banner issue.
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(a) Procession: Under the Public Order Ordinance (Cap 245), organisers must give notice to the Commissioner of Police; the Commissioner (or a delegated officer) may object to or impose conditions on a public procession if satisfied that it is necessary for public safety, public order, or the protection of the rights and freedoms of others. The starting point is Basic Law Article 27 and the Hong Kong Bill of Rights, which protect freedom of assembly and expression; any restriction must be prescribed by law, pursue a legitimate aim and be proportionate. The sergeant does not 'ban' the event personally; the sergeant assesses risk, gathers facts and recommends to the authorised officer.
(b) Banner: The National Security Law creates offences including secession (Articles 20 and 21). A slogan advocating Hong Kong independence may be relevant evidence of secession-related conduct, but whether it amounts to an offence requires an assessment of the actual acts, intent and context; a slogan alone does not automatically make every person at the event guilty. The banner issue is a potential criminal investigation, not a reason to skip the procession risk assessment. Article 27 of the Basic Law protects expression but is not absolute; restrictions must still be proportionate.
2. What factors would you weigh in recommending objection, conditions or no objection? Give concrete examples of conditions.
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Weigh: the likelihood of violence or disorder; the route and crowd density; the group's history (20 similar events without violence is relevant but not conclusive); intelligence; the ability of organisers to marshal; the availability of police resources; the impact on shoppers and traffic; and the proportionality of any restriction. A blanket ban is a heavy restriction on assembly and expression; if the only concern is a slogan, a ban may be hard to justify.
Conditions could include: a specified route and time window; a maximum crowd size; a requirement for trained marshals; a requirement to maintain an open emergency lane; restrictions on vehicles; and a clear instruction that unlawful speech or conduct will be dealt with by law. Conditions must be operationally connected to a legitimate risk, not imposed simply because the organisers' message is unpopular. If there is credible evidence of planned violence, a shorter route, a different time or an objection may be proportionate. Record the reasons.
3. What should you tell the constable about making on-the-spot judgments on NSL offences?
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Tell the constable: do not announce at the counter that 'this is definitely a National Security Law offence' or that 'Article 27 means nothing can be done'. Both are too simple. Your role is to record the facts accurately, preserve evidence (including the banner's exact words, photographs, and who displayed it), and refer the matter through the district commander to the legal wing or the National Security Department for a legal assessment. If an offence is suspected and there is a lawful power to act, act proportionately and caution the person; if not, document and report. Do not delete or order deletion of social media content without lawful authority. Do not treat the whole procession as unlawful because of one slogan. The decision on the procession should be made by the authorised officer on the risk assessment, not by the constable at the counter.