Passerby Waiting to Cross the Road, seemed to be threatened to be Committing “Unlawful Assembly” by Police
Riot police was guarding at a crossroad between Argyle Street and Nathan Road in Mongkok, and there were passerby who were waiting to cross the road while the red traffic light was on. Riot police shouted at them and threatened to charge them with “unlawful assembly” if they didn’t cross the road. The public had reacted with discontent and finally left when the green light was on.
Cap. 232A Police (Discipline) Regulations Part 1 No.3:
(2)The offences against discipline are—
(j)making a statement which is false in a material particular in the course of his duty or in connexion with the discharge by the police force of any of its duties or functions;
Cap. 245 Public Order Ordinance No. 18:
(1)When 3 or more persons, assembled together, conduct themselves in a disorderly, intimidating, insulting or provocative manner intended or likely to cause any person reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such conduct provoke other persons to commit a breach of the peace, they are an unlawful assembly. (Amended 31 of 1970 s. 11)
(2)It is immaterial that the original assembly was lawful if being assembled, they conduct themselves in such a manner as aforesaid.
(3)Any person who takes part in an assembly which is an unlawful assembly by virtue of subsection (1) shall be guilty of the offence of unlawful assembly and shall be liable— (Amended 31 of 1970 s. 11)
(a)on conviction on indictment, to imprisonment for 5 years; and
(b)on summary conviction, to a fine at level 2 and to imprisonment for 3 years.
Related Incident: 31/12, 4th month after 831 attack in Prince Edward Station