High Court rules against govt restrictions on popular demonstration area

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

In a win for people power, Hong Kong’s High Court has ruled against government-imposed restrictions on a popular demonstration area outside the government’s headquarters, describing them as disproportionate, unconstitutional, and illegal.

The ruling by judge Thomas Au came yesterday after retired photographer Cheung Tak-wing challenged the restrictions in place on the Central Government Headquarters’ East Wing Forecourt, also popularly known as Civic Square.

The government-imposed restrictions included banning the public from using 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.

According to Ming Pao, Cheung filed the judicial review because the restrictions were unconstitutional and restricted the rights of free expression and peaceful assembly, which are protected under the Basic Law and the Bill of Rights.

The government argued that the square was not a public place, that the Tamar complex houses the most prominent government premises like the executive and legislature, and that the restrictions were needed to ensure the normal operation of the Central Government Offices.

But the judge was not swayed by the government’s arguments and ruled in favor of Cheung, ordering the authorities to rethink the restrictions.

In his ruling, he dismissed the argument made by the government that as a landowner, it “has a private right to exclude members of the public from the use of the Forecourt, or impose restrictions or rules to regulate its use.”

He also said the authorities failed to demonstrate to the court that the restrictions were proportionate and ensured the normal operation of the government headquarters.

Au also added that private property rights cannot trump fundamental rights, adding “it is wrong in principle for the government to regard it as having an entitlement as property owner to have an unfettered choice to exclude the public or to grant access.”

Ming Pao reports that the authorities will consider their next steps after going through the judgement and consulting with the Justice Secretary on what to do next.

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.






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