Govt to appeal court decision calling protest restrictions at Civic Square illegal

Yellow ribbons adorn Civic Square fence after protestors ejected by Hong Kong Police in September 2014
Yellow ribbons adorn Civic Square fence after protestors ejected by Hong Kong Police in September 2014

The government will appeal a court ruling ordering it to rethink restrictions on protests at the popular demonstration area outside its headquarters in Admiralty, it was reported today.

A High Court judge last month ruled limitations on public use of the Central Government Headquarters’ East Wing Forecourt, known popularly as Civic Square, were disproportionate, unconstitutional, and illegal.

According to the HK01, the Administration Department — which oversees administrative matters for the government — replied to a joint letter from pro-democracy lawmakers Claudia Mo, Ray Chan, Chu Hoi-dick and Au Nok-hin saying it wants to clarify “important legal points” which have “far-reaching implications.”

The authorities said it would be useful to know whether or not the court is reviewing the measures being implemented by the government on property management, and that clarification can help the government refine property management measures on its premises.

The government has argued the square was not a public place and said the restrictions were required for the normal operation of “important” government functions inside the buildings, which house the executive branch and the legislature.

In the ruling last month, Justice Thomas Au said authorities failed to demonstrate to the court that the restrictions were proportionate and ensured the normal operation of the government headquarters.

Civic Square has become a flashpoint for protests in recent years, most notably the national education protests led by student activist group Scholarism, which was then headed by Joshua Wong.

It was fenced off completely in 2012, and in 2014, student protesters — led by Wong and other student pro-democracy leaders like Nathan Law — stormed the square in a move that triggered the start of the Umbrella Movement protests.

It was reopened last December, but with restrictions on use.

These included banning the public from the square on weekdays and Saturdays, and limiting use to public holidays and Sundays between 10am to 6:30pm. Those who want to use the square also need permission from the director of administration, irrespective of how many people would be involved any proposed event.



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