regulation of public meetings and public processions in

RP03/01-02

Regulation of Public Meetings andPublic Processions in San Francisco,

New York and London

11 January 2002

Prepared by

Mr CHEUNG, Wai-lam

Research and Library Services DivisionLegislative Council Secretariat

5th Floor, Citibank Tower, 3 Garden Road, Central, Hong KongTelephone : (852) 2869 7735Facsimile : (852) 2525 0990Website : http://legco.gov.hkE-mail : [email protected]

C O N T E N T S

pageAcknowledgementsExecutive Summary

Part 1 - Introduction 1Background 1Scope 1Methodology 2

Part 2 - The United States of America 3Basic Information 3

The Constitution of the United States of America 3Time, Place and Manner of Speech Activities 3

Regulation of Public Meetings and Public Processions in San Francisco 4Regulation of Public Meetings 4Regulation of Parades 4Case Study 6

Regulation of Public Meetings and Public Processions in New York 10Regulation of Public Meetings 10Regulation of Public Processions and Parades 10Guideline Issued by the New York City Police Department 11Information from the New York City Police Department and the UnitedStates Secretariat

12

Part 3 - The United Kingdom 13Basic Information 13

Public Order Act 1986 13Human Rights Act 1998 13

Regulation of Public Meetings and Public Processions in London 14Regulation of Public Meetings 14Regulation of Public Processions 16Information from the Metropolitan Police Service 19

Part 4 - Analysis 20Reference for Hong Kong 20

Public Meetings 20Public Processions 20

Appendices 26

References 47

--------------------------------------------------------------------------------------------------------------------------The Legislative Council Secretariat welcomes the re-publication, in part or in whole, of this researchreport, and also its translation in other languages. Material may be reproduced freely for non-commercial purposes, provided acknowledgement is made to the Research and Library ServicesDivision of the Legislative Council Secretariat as the source and one copy of the reproduction is sentto the Legislative Council Library.

ACKNOWLEDGEMENTS

We gratefully acknowledge the assistance given to us by many peoplein this research. More specifically, we wish to thank Ms. Tracy Rosenberg,Administrative Director of the Media Alliance, Mr. Teddy Witherington, ExecutiveDirector of the San Francisco Lesbian Gay Bisexual Transgender Pride ParadeCommittee Inc., Sgt. Michael Flynn, San Francisco Police Department and Ms. AnneCountiss, Luce Scholar. We would also like to thank Mr. Jack Hailey, Senate Officeof Research, Ms. Donna L. Hall, Administrator of the Board of Supervisors of theCity and County of San Francisco, Mr. Mark R. Vermeulen, President of theDemonstrations Committee of the National Lawyers Guild-San Francisco, Mr. DerekSt. Pierre, Demonstrations Committee Co-Chair of the National Lawyers Guild-SanFrancisco, Mr. Stephen McNeil, American Friends Service Committee, Mr. HenrySchwan, Electronic Frontier Foundation, Mrs. Tatiana A. Kostanian, MHONAInternational, Ms. Joyce Chow, British Consulate-General, Ms. Sarah Priddy,Information Office of the House of Commons, Ms. Jenny Trevillion, MetropolitanPolice Authority, Mr. Tom Millest, Metropolitan Police Service, Gareth Crossman,Advice and Information Officer of the National Council for Civil Liberties.

EXECUTIVE SUMMARY

1. In San Francisco, public meetings do not require permits. However, publicmeetings which use sound amplification need permits to use sound amplifyingequipment. Public processions, which are not religious or commemorative innature, are regulated under the Police Code and required permits.

2. In San Francisco, a parade organizer has to write to the police department for apermit at least 60 days in advance. The police may waive the time limitationsif an applicant can show that the parade giving rise to the permit applicationdoes not reasonably allow the applicant time to file the application within thetime prescribed and imposition of the time limitations would place anunreasonable restriction on the right of free speech. In fact, all applicationsfor permits will be processed by the Chief of Police so long as they are receivedat least 15 working days in advance of the proposed date of the parade.

3. In San Francisco, any person violating any provision regulating parades in thePolice Code shall be deemed guilty of infraction and upon conviction, he/sheshall be punished by a fine not exceeding US$500 (HK$3,896).

4. In New York City, there is no law regulating public meetings, but publicmeetings which use sound amplification need permits to use sound amplifyingequipment. Under the Administrative Code of the City of New York, aprocession or parade organizer shall write to the Police Department for a permitat not less than 36 hours previous to the forming or marching of the processionor parade.

5. In New York City, a person who participates in a procession or parade withouta permit may be punished by a fine of not more than US$25 (HK$195), or byimprisonment for not exceeding 10 days, or by both such fine andimprisonment.

6. In London, although a public meeting organizer is not required to give advancenotice to the police, the Public Order Act 1986 empowers the police to imposein certain circumstances conditions on people organizing or taking part in apublic meeting. Under the Public Order Act 1986, a notice must be deliveredby hand not less than six clear days before the date when the procession isintended to be held or, if that is not reasonably practicable, as soon as deliveryis reasonably practicable.

7. In London, a person who organizes a public meeting or a public procession andknowingly fails to comply with a condition imposed under the Public Order Act1986 is guilty of a summary offence punishable with a maximum three months'imprisonment or a fine not exceeding £2,500 (HK$29,775), or both. Thepenalty for a similar offence in respect of a person taking part in the event isless severe, being only a fine not exceeding £1,000 (HK$11,910).

REGULATION OF PUBLIC MEETINGS ANDPUBLIC PROCESSIONS IN SAN FRANCISCO,

NEW YORK AND LONDON

PART 1 - INTRODUCTION

1. Background

1.1 In November 2000, the Panel on Security (the Panel) requested theResearch and Library Services (RLS) Division of the Legislative Council (LegCo)Secretariat to conduct a study on overseas practice in the regulation of publicmeetings and public processions, and the research outline was endorsed by the Panelin February 2001.

2. Scope

2.1 The scope of this study covers the following aspects of the regulationof public meetings and public processions:

! notice period;

! penalty;

! appeal mechanism; and

! the leniency or strictness of enforcement as compared to the letterof the law, taking into account whether any guidelines orsuggestions have been issued by the enforcement agency itself orother authorities.

2.2 In this research, we have selected San Francisco and New York in theUnited States of America, London in the United Kingdom for the study for thefollowing reasons:

! San Francisco is selected because a large number of publicmeetings and processions take place in the city regularly;

! New York is selected because it is a relatively big city in theUnited States and might be representative; and

! London is selected because our legal system has a long and closerelationship with the common law system in the United Kingdom.

Legislative Council Secretariat Regulation of Public Meetings and Public Processionsin San Francisco, New York and London

Research and Library Services Division Page 2

2.3 It was the original intention to use case studies in this research toillustrate how law enforcement agencies manage public meetings and publicprocessions in the above-mentioned places. However, we have not been able toobtain the required information in respect of New York and London and as a result,we can only provide information on the statutory provisions regulating publicmeetings and public processions in New York and London in this report.

2.4 Although Members had agreed to study the above cities, Members alsosuggested that the report of the Seattle authorities' review on regulation of publicmeetings and public processions should be attached to the research report as anappendix. (The "Report of the WTO Accountability Review Committee Seattle CityCouncil" is attached as Appendix I.)

3. Methodology

3.1 Information for this research is obtained from the relevant lawenforcement agencies, interest groups and the Internet.

3.2 In this report, we use the 2000 average exchange rates of US$1 =HK$7.791 to convert US dollar into Hong Kong dollar and £1 = HK$11.91 to convertBritish pound into Hong Kong dollar.1

1 Hong Kong Special Administrative Region Government, Census and Statistics Department, Hong

Kong Monthly Digest of Statistics, July 2001, p.125.



PART 2 - The United States of America

4. Basic Information

The Constitution of the United States of America

4.1 The First Amendment to the Constitution of the United States ofAmerica (the US Constitution) states:

"Congress shall make no laws respecting an establishment ofreligion, or prohibiting the free exercise thereof; or abridging thefreedom of speech, or of the press; or the right of the people toassemble, and to petition the government for a redress ofgrievances." 2

4.2 It seeks to protect, amongst other things, freedom of assembly andpetition which covers rallies, march, leafleting and picketing.

Time, Place and Manner of Speech Activities

4.3 However, the freedoms granted by the First Amendment to the USConstitution are not absolute.3 The Supreme Court has ruled that speech activitiestaking place in a public forum are subject to reasonable time, place and mannerrestrictions as long as the authorities are not attempting to censor the content of thespeaker's ideas.4 Laws governing speech activities in public forums must be contentneutral and serve some purpose, i.e. public safety or some other such reason. The"reasonable" requirement is measured in terms of the purpose of regulation and theavailability of alternative forms.5

2 The Constitution of the United States of America. The Office of the Secretary of the Senate, p.29.3 Please refer to Henry Cohen, Legislative Attorney, American Law Division, Freedom of Speech

and Press: Exception to the First Amendment, CRS Report for Congress, 17 March 1999 fordetails.

4 Cox v. New Hampshire, 312 U.S. 569 (1941).5 Derek St. Pierre, "Your Right to Demonstration! An Activist's Guide to Protesting," National

Lawyer's Guild-San Francisco Bay Area Chapter, 1996, p.4.



5. Regulation of Public Meetings and Public Processions in San Francisco

Regulation of Public Meetings

5.1 In San Francisco, public meetings do not require permits.6 On theother hand, public meetings which use sound amplification need permits to use soundamplifying equipment. (Please refer to Appendix II for the relevant regulations.)

Regulation of Parades

5.2 Public processions (which are normally referred to as parades in SanFrancisco), which are not religious or commemorative in nature, are regulated underthe Police Code. Article 4 of the Police Code lays down the stipulations as toparades7 and a specific permit process is required for parades.

5.3 In Article 4 of the Police Code, "Parade" is defined as:

"…an event, not including athletic event, in which a group ofpersons proceed as a collective body for more than one block onany street… whether on foot or in any type of vehicle or on ananimal or animals, which event obstructs or interferes with thenormal flow of vehicular traffic."8

Notice Period

5.4 A parade organizer has to write to the Special Events Unit of the policedepartment for a permit at least 60 days in advance so as to allow adequate time forappeals in the event of a denial of the application.9

6 Reply received from Field Operations Bureau, San Francisco Police Department, 12 March 2001.7 Only funeral procession escorts are regulated under a separate article in the San Francisco Police

Code.8 San Francisco Police Code, Article 4, Section 366(e).9 San Francisco Police Code, Article 4, Section 367(b).



5.5 When the organizer of a proposed parade designates a route whichpasses through a business district, extends over an area which involves more than fiveintersections (not including alleys), anticipates a number of participants exceeding250, or requires the Municipal Railway to substantially alter passenger routes orschedules, he/she will have to apply at least 30 days in advance of the proposed dateof the parade.10

5.6 The Chief of Police may grant a permit to an applicant who appliesless than 15 working days in advance if he determines that the permit applicationrequires no substantial investigation or preparation of the route, which determinationshall not be subject to administrative review.11

5.7 The Chief of Police may waive the time limitations if an applicant canshow that the parade giving rise to the permit application does not reasonably allowthe applicant time to file the application within the time prescribed and imposition ofthe time limitations would place an unreasonable restriction on the right of freespeech.12 In fact, all applications for permits will be processed by the Chief of Policeso long as they are received at least 15 working days in advance of the proposed dateof the parade.13

Penalty

5.8 Any person violating14 any provision in Article 4 of the Police Codeshall be deemed guilty of infraction15 and upon conviction, he/she shall be punishedby a fine not exceeding US$500 (HK$3,896).16 In San Francisco, the sentence forinfraction of violating parades regulations is commonly US$100 (HK$780) fine or 10hours community service with any non-profit group.

10 San Francisco Police Code, Article 4, Section 367(b).11 San Francisco Police Code, Article 4, Section 367(b).12 San Francisco Police Code, Article 4, Section 367(c).13 San Francisco Police Code, Article 4, Section 367(b).14 San Francisco Police Code, Article 4, Section 374 states - "[I]t shall be unlawful for any person to

sponsor a parade unless a permit has been issued for the event, or for any person to participate insuch an event with the knowledge that the sponsors of the event have not been issued the requiredpermit or with the knowledge that a permit has been issued and subsequently revoked. Nor shallany person interfere with or disrupt a lawful parade undertaken pursuant to a permit, or participatein such event unless designated as a participant by its sponsor."

15 Infraction is a minor non-criminal offence. People cannot be sentenced to jail or put on probationfor infraction. Derek St. Pierre, "Your Right to Demonstration! An Activist's Guide to Protesting,"National Lawyer's Guild-San Francisco Bay Area Chapter, 1996, p.3.

16 San Francisco Police Code, Article 4, Section 378.



Appeals

5.9 When a permit application is denied, the Chief of Police informs theapplicant of the reason or reasons for the denial in writing.17 The applicant mayappeal against the denial of the application or the imposition of conditions on theissuance of a permit, to a "Committee on Parades"18 (the Committee).19 TheCommittee is a committee of the Board of Supervisors which is the legislative branchof the City and County of San Francisco.20

5.10 Having considered an appeal, the Committee may either concur withthe action of the Chief of Police or overrule such action and order that a permit beissued. If the Committee orders that a permit be issued, it has the authority toimpose only such conditions as are recommended by the Chief of Police.21

Case Study

Views from the San Francisco Police Department on Processing of Permit forParades

5.11 We have written to the San Francisco Police Department, which saysthat most event organizers notify them in advance, apply for the required permits, andwork co-operatively with them to have a successful event. There is no applicationfor a permit that has not been granted. They believe that any individual or group thatchooses not to get a permit either is unaware of the process or has no intention ofabiding by the rules.22

5.12 The San Francisco Police Department stresses that the enforcement forpermit violations is not very strict and there is no guideline on this aspect.23

17 San Francisco Police Code, Article 4, Section 370.18 According to the Board of Supervisors, the City and County of San Francisco, no "Committee on

Parades" has been formed for the past five years. According to the "Rules of Order", theCommittee on Parades shall comprise at least three Supervisors, who are locally elected membersfrom the districts in San Francisco. Reply received from Donna L. Hall, Administrator, SunshineOrdinance Task Force, the Board of Supervisors, the City and County of San Francisco, 28September 2001. Please refer to the homepage of the Board of Supervisors,http://www.ci.sf.ca.us/bdsupvrs/, for details.

19 San Francisco Police Code, Article 4, Section 371.20 The Board of Supervisor consists of 11 members elected from each of the 11 districts in San

Francisco. The Board of Supervisors, City and County of San Francisco,http://www.ci.sf.ca.us/bdsupvrs/index.htm/.

21 San Francisco Police Code, Article 4, Section 371.22 Reply received from Field Operations Bureau, San Francisco Police Department, 12 March 2001.23 Ibid.



Statistics of Permit Applications

5.13 The total number of parades or public events held in San Francisco inthe past five years is not available as there are numerous public events taking place inSan Francisco.24

Views from Parade Organizers in Obtaining Permits for Parades

5.14 In order to have a balanced picture of the regulation of parades, wehave also approached 74 organizations which are involved in issues like "civil rights","demonstrations", "direct action" and "free speech" in San Francisco, seeking theirviews over whether they have experienced any difficulties in obtaining permits forparades organized by them.25

5.15 Of the 74 organizations approached, only five have replied and theyare:

(a) American Friends Service Committee (AFSC);

(b) Electronic Frontier Foundation (EFF);

(c) Media Alliance (MA);

(d) MHONA International; and

(e) San Francisco Lesbian Gay Bisexual Transgender PrideParade Committee Inc. (SFLGBTPPC).26

They have all said that they have no problem in obtaining permits for paradesorganized by them and MA adds that applications for permits are routinely granted.27

It should be stressed that views collected from these parade organizers do notnecessarily reflect the whole picture of the regulation of parades in San Francisco.

24 Reply received from Field Operations Bureau, San Francisco Police Department, 12 March 2001.25 The 74 organizations were selected from "A San Francisco Bay Area Progressive Directory" under

the categories of "civil disobedience", "civil rights", "demonstrations", "direct action", "ecology","free speech", "human rights" and "police accountability". Web site: http://bapd.org/.

26 AFSC is an international organization promoting peace and justice. Web site: http://www.afsc.org/.EEF is an organization upholding rights to digital free expression from political, legal andtechnical threats. Web site: http://www.eff.org/. MA has about 3,500 members and is formed bya group of media workers to unite the professional media community with the public interestcommunities of the San Francisco Bay Area. MA organizes many different kinds of events, usuallysmall demonstrations in public spaces with 50-250 participants. Once or twice a year MA mayorganize or help organize a large march with 800 to over 10,000 people. Web site:http://www.media-alliance.org/. MHONA International is an advocacy group for and by victimsand survivors of violent trauma, and holds annual human rights event in San Francisco eachSeptember. Email address: [email protected]. San Francisco Lesbian Gay BisexualTransgender Pride Parade Committee Inc. organizes a huge and spectacular parade in SanFrancisco each year and the first parade was held in 1970. Web site: http://www.sfpride.org/.

27 Reply received from Tracy Rosenberg, Administrative Director, Media Alliance, 24 August 2001.



5.16 We wrote to the five organizations again, asking for their views on thepermit system. Only SFLGBTPPC and MA have replied. Their views aresummarized as follows:

(a) SFLGBTPPC says that as a rule, they do not deviate fromtheir plan and that the notice period requirement isacceptable.28

(b) MA says that there would be several possible reactionsfrom the law enforcement agency if a parade deviated fromthe approved route or if participants violated any permitconditions. One is the refusal to grant parade permits inthe future. Another is an attempt by the law enforcementagency to close the parade, if they can, by ordering theparticipants to leave or closing down a facility in whichthey have gathered. The last is to arrest the participants.Sometimes the law enforcement agency will enter intonegotiations with the parade organizers and allow themodifications to go on without impeding them. MA addsthat the notice period of 30 days is reasonable and there areprovisions for emergency requests when they are needed.29

5.17 Media Alliance has added that there were two occasions on which theyheld parades without permits and the two parades were planned acts of civildisobedience intended to draw attention to injustice. The results were that the policewas summoned and non-violently arrested about 100 parade participants who did notleave the area when instructed to do so. The others retreated out of the area that thepolice was occupying. The individuals were arrested for trespassing,30 spent abouteight hours in jail and were then released. They were notified by mail several weekslater that the charges against them were dropped.

28 Replies received from Teddy Witherington, Executive Director, San Francisco Lesbian Gay

Bisexual Transgender Pride Parade Committee Inc., 18 September 2001 and 30 September 2001.29 Replies received from Tracy Rosenberg, Administrative Director, Media Alliance, 8 October 2001

and 10 October 2001.30 Trespass is generally the unlawful entry into or remaining on private or restricted property.

Trespass is a misdemeanor. Misdemeanor is a less serious criminal offence. A misdemeanorconviction can result in probation, jail time (up to one year) and/or a fine. Someone charged for thefirst time with a non-violent misdemeanor may be eligible for Diversion. Diversion is a programthat allows a person to do community service and pay a fee. Once the diversion requirements arefulfilled, the criminal case is dismissed. Derek St. Pierre, "Your Right to Demonstration! AnActivist's Guide to Protesting," National Lawyer's Guild-San Francisco Bay Area Chapter, 1996,p.3 and 15.



5.18 As to the question of enforcement of the relevant regulations, we havewritten to the National Lawyer Guild - San Francisco Bay Area Chapter31, asking fortheir views on the matter. They say that after the San Francisco Police Departmenthas arrested a demonstrator, it does not follow that the arrested individual will beprosecuted by the local District Attorney. The District Attorney maintains thediscretion as to who to prosecute, and who not to prosecute, despite the police'sdecision to make an arrest. More often than not, arrests that are related todemonstrations or freedom of expression are not prosecuted by the District Attorney.32

31 The National Lawyer Guild (NLG) was founded in 1937 and has involved in demonstration work

for over sixty years. NLG has more than a hundred of local chapters throughout the United States.Chapter members regularly work with and represent demonstrators and others seeking socialchange and justice. Web site: http://www.nlg.org/.

32 Reply received from Mark R. Vermeulen, President and Derek St. Pierre, DemonstrationsCommittee Co-Chair, National Lawyers Guild-San Francisco, 3 May 2001.



6. Regulation of Public Meetings and Public Processions in New York


6.1 There is no law regulating public meetings in New York City, butsimilar to San Francisco, public meetings which use sound amplification need permitsto use sound amplifying equipment. (Please refer to Appendix III for the relevantregulations.)

Regulation of Public Processions and Parades

6.2 Under Section 10-110 of the Administrative Code of the City of NewYork, it states:

"A procession, parade, or race shall be permitted upon anystreet or in any public place only after a written permit thereforhas been obtained from the police commissioner."

Notice Period

6.3 A procession or parade organizer shall write to the Commissioner ofthe New York City Police Department for a permit at not less than 36 hours previousto the forming or marching of the procession or parade.33

Penalty

6.4 A person who participates in a procession or parade without a permitmay be punished by a fine of not more than US$25 (HK$195), or by imprisonment fornot exceeding 10 days, or by both such fine and imprisonment.34

Judicial Review

6.5 A petitioner may seek judicial review if a permit application isdenied.35

33 Administrative Code of the City of New York, 2001, Section 10-110.34 Administrative Code of the City of New York, 2001, Section 10-110(c) and Robert MacDonald v.

Howard Safir, Docket No. 99-7010, the United States Court of Appeals for the Second Circuit,206 F.3d 183, 2000.

35 Civil Practice Law and Rules of the New York State, Article 78.



Guidelines Issued by the New York City Police Department

6.6 The New York City Police Department has issued an "AdministrativeGuide" (the Guide) for processing applications for parade permits. The Guide takeslegal reference from the Administrative Code, Section 10-110.

6.7 When a Precinct Commander36 receives an application for a paradewhere there will be more than 1 000 participants or which goes through the FifthAvenue37, he will have to refer the application to the Office of the Chief of the NewYork City Police Department. However, if there are less than 1 000 participants andif the proposed route does not pass through the Fifth Avenue, the application can beprocessed by the Precinct Commander.

6.8 If the application is disapproved, a police commander38 should contactthe applicant, initiate discussion, and seek to accommodate the applicant with analternate time or location for the parade, if feasible.

6.9 If a compromise time or location for the parade is not achievable, theapplication will be forwarded, along with an accompanying report indicating thealternative times and/or locations which were rejected, by the applicant to the Officeof the Chief of the New York Police Department for review and final determination.Reviewing commands will direct further investigation, as necessary, with a viewtowards achieving a compromise, if possible, with the parade applicant. Whennecessary, the Legal Bureau39 should be contacted in this regard.

6.10 The Office of the Chief of the New York Police Department shouldsend a written notice of disapproval to the applicant if the parade permit isdisapproved. Disapproved application and a copy of the disapproval letter to theapplicant are filed in the Investigation Review Section40.

36 There are 76 police precincts in the City of New York and a Precinct Commander manages 200 to

400 police officers. Web site: http://www.ncy.gov/html/nypd/.37 The Fifth Avenue is the busiest avenue in the New York City, where the Empire State Building

and the Rockefeller Centre are located.38 A police commander refers to a Patrol Borough Commander in case of the parade is more than

1 000 participants or which goes through the Fifth Avenue, otherwise, it refers to a PrecinctCommander. Parade Permits, Administrative Guide, the New York City Police Department.

39 The Legal Bureau is under the supervision of the Deputy Commissioner, Legal Matters of the NewYork Police Department. It provides legal advice and training to the members of the Department inmany areas of criminal, civil, employment and constitutional law. Web site:http://www.nyc.gov/html/nypd/.

40 The Investigation Review Section is under the Office of the Chief of the New York PoliceDepartment. Parade Permits, Administrative Guide, the New York City Police Department.



Information from the New York City Police Department and the United NationsSecretariat

6.11 We have written to the New York City Police Department, requestingthem to share their experience in processing applications for permits to hold publicmeetings and public processions. We have also approached the Secretariat of theUnited Nations (UN), asking for the same information because regulating publicmeetings and public processions within the precincts of the UN is the UN'sresponsibility.41

6.12 However, we have not received any useful information from the NewYork City Police Department, neither have we heard from the UN Secretariat. As aconsequence, we can only provide the basic legal position in respect of the regulationof public meetings and public processions in New York City.

41 The Headquarters of the United Nations is located on the East side of Manhattan of New York City

and is an international zone belonging to all Member States of the United Nations. The UnitedNations has its own security force, fire department, etc. Web site: http://www.un.org/.



PART 3 - The United Kingdom

7. Basic Information

Public Order Act 1986

7.1 In the United Kingdom (UK), "statutory powers to control the routes ofprocessions have existed since the Metropolitan Police Act 1839"42. In 1936, thePublic Order Act 1936 (1936 Act) was enacted, which provided a general statutorypower to impose conditions on, or to ban, public processions. However, there wasno provision to regulate public meetings.43 The 1936 Act was repealed and replacedby the Public Order Act 1986 (1986 Act), which regulates the holding and conduct ofpublic meetings and public processions.

Human Rights Act 1998

7.2 The Human Rights Act 1998 gives effect to the European Conventionon Human Rights (the ECHR) which is incorporated as a schedule to the Act.44

Article 11 "Freedom of Assembly and Association" in Schedule 1 of the HumanRights Act 1998 states:

"1. Everyone has the right to freedom of peaceful assembly andto freedom of association with others, including the right to formand to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of theserights other than such as are prescribed by law and arenecessary in a democratic society in the interests of nationalsecurity or public safety, for the prevention of disorder or crime,for the protection of health or morals or for the protection of therights and freedoms of others. This Article shall not prevent theimposition of lawful restrictions on the exercise of these rights bymembers of the armed forces, of the police or of theadministration of the State."

42 Richard Card (2000), Public Order Law, Jordans, p.209.43 Richard Card (2000), Public Order Law, Jordans, p.209-210.44 The European Convention on Human Rights provides the framework of rights to be used by the

parliament and courts in operating the Human Rights Act 1998 in the UK. An individual who isdissatisfied with the outcome of his case in English courts may apply to the European Court ofHuman Rights for redress. Richard Stone (2000), Civil Liberties and Human Rights, 3rd edition,Blackstone, p.25-37.



7.3 The imposition of conditions by the police on a public meeting orpublic procession is “an interference with the freedom of peaceful assemblyguaranteed by Article 11 of the ECHR. Whether they can be justified under Article11(2) on the ground that they are prescribed by law and are necessary in a democraticsociety in the interests of public safety for the prevention of disorder or crime or forthe protection of the rights of others will depend on the facts”45.

8. Regulation of Public Meetings and Public Processions in London


Definition of Public Meetings

8.1 "Public meeting" (which is normally referred to as assembly in the UK)means an assembly of 20 or more persons in a public place which is wholly or partlyopen to the air.46 Public place is defined in the Public Order Act 1986, Section 16 as:

(a) any highway…, and

(b) any place to which at the material time the public or any section ofthe public has access, on payment or otherwise, as of right or byvirtue of express or implied permission.

Imposition of Conditions

8.2 The Public Order Act 1986, Section 14(1) states:

"If the senior police officer47, having regard to the time orplace at which and the circumstances in which any publicassembly is being held or is intended to be held, reasonablybelieves that:

(a) it may result in serious public disorder, serious damage toproperty or serious disruption to the life of the community, or

45 Richard Card (2000), Public Order Law, Jordans, p.230 and 236.46 Public Order Act 1986, s.16.47 According to Public Order Act 1986, s.14(2), the "senior police officer" means (a) in relation to an

assembly being held, the most senior in rank of the police officers present at the scene, and (b) inrelation to an assembly intended to be held, the chief officer of police. In London, chief officer ofpolice means the Commissioner of Police.



(b) the purpose of the persons organizing it is the intimidationof others with a view to compelling them not to do an act theyhave a right to do, or to do an act they have a right not to do,

he may give directions imposing on the persons organizing ortaking part in the assembly such conditions as to the place atwhich the assembly may be (or continue to be) held, itsmaximum duration, or the maximum number of persons whomay constitute it, as appear to him necessary to prevent suchdisorder, damage, disruption or intimidation."

Notice Period

8.3 Although a public meeting organizer is not required to give advancenotice to the police of any public meeting to be held, the above section of the PublicOrder Act 1986 empowers the police to impose in certain circumstances conditions onpeople organizing or taking part in a public meeting.

Penalty

8.4 A person who organizes a public assembly and knowingly fails tocomply with a condition imposed by a senior police officer under Section 14(1) of thePublic Order Act 1986 is guilty of a summary offence punishable with a maximumthree months' imprisonment or a fine not exceeding £2,500 (HK$29,775), or both.48

8.5 The penalty for a similar offence in respect of a person taking part in apublic assembly is less severe, being only a fine not exceeding £1,000 (HK$11,910).49

48 Public Order Act 1986, s.14(4) & (8).49 Public Order Act 1986, s.14(5) & (9).



Regulation of Pubic Processions

Definition of Public Processions

8.6 A "public procession" is defined as a procession in a public place.There is no definition of "procession" in the Public Order Act 1986. In Kent vMetropolitan Police Commissioner, Lord Denning adopted the following definition:

"A public procession is the act of a body of persons marchingalong in orderly succession…. All kinds of processions takeplace every day up and down the country - carnivals, weddings,funerals, processions to the Houses of Parliament, marches toTrafalgar Square and so forth."

Notice Period

8.7 Under Section 11(6) of the Public Order Act 1986, a notice must bedelivered by hand not less than six clear days before the date when the procession isintended to be held or, if that is not reasonably practicable, as soon as delivery isreasonably practicable.

Penalty


"Where a public procession is held, each of the personsorganizing it is guilty of an offence if -

(a) the requirements of this Section as to notice have not beensatisfied, or

(b) the date when it is held, the time when it starts, or its route,differs from the date, time or route specified in the notice."

8.9 Both of these offences are summary offences. The maximumpunishment is a fine not exceeding £1,000 (HK$11,910); the offences are notpunishable with imprisonment.50

50 Public Order Act 1986, s.11(10).



Failure to Comply with a Condition


"If the senior police officer, having regard to the time or placeat which and the circumstances in which any public processionis being held or is intended to be held and to its route orproposed route, reasonably believes that:

(a) it may result in serious public disorder, serious damage toproperty or serious disruption to the life of the community,or

(b) the purpose of the persons organizing it is the intimidationof others with a view to compelling them not to do an actthey have a right to do, or to do an act they have a right notto do,

he may give directions imposing on the persons organizing ortaking part in the procession such conditions as appear to himnecessary to prevent such disorder, damage, disruption orintimidation, including conditions as to the route of theprocession or prohibiting it from entering any public placespecified in the directions."

8.11 A person who organizes a public procession and knowingly fails tocomply with a condition imposed under Section 12 of the Public Order Act 1986 isguilty of a summary offence punishable with a maximum three months' imprisonmentor a fine not exceeding £2,500 (HK$29,775), or both.51

8.12 A person who takes part in a public procession and knowingly fails tocomply with a condition imposed under Section 12 of the Public Order Act 1986 isguilty of a summary offence punishable with a fine not exceeding £1,000(HK$11,910).52

51 Public Order Act 1986, s.12(4) & (8).52 Public Order Act 1986, s. 12(5) & (9).



Prohibited Public Procession


"If at any time the Commissioner of Police for the City ofLondon or the Commissioner of Police of the Metropolisreasonably believes that, because of particular circumstancesexisting in his police area or part of it, the powers undersection 12 will not be sufficient to prevent the holding of publicprocessions in that area or part from resulting in serious publicdisorder, he may with the consent of the Secretary of Statemake an order prohibiting for such period not exceeding 3months as may be specified in the order the holding of allpublic processions (or of any class of public procession sospecified) in the area or part concerned."

8.14 A person who organizes a public procession the holding of which heknows is prohibited by virtue of an order under Section 13 of the Public Order Act1986, is guilty of a summary offence punishable with a maximum three months'imprisonment or a fine not exceeding £2,500 (HK$29,775), or both.53

8.15 A person who takes part in a public procession, knowing that itsholding is prohibited by virtue of an order under Section 13 of the Public Order Act1986, is guilty of a summary offence punishable with a fine not exceeding £1,000(HK$11,910).54

Judicial Review

8.16 There is no built-in appeal mechanism in the regulation system ofpublic meetings and public processions. An event organizer may apply to the HighCourt for judicial review if he is not satisfied or feels aggrieved by decisions toimpose conditions on a public meeting or a public procession, or to ban the event.55

53 Public Order Act 1986, s. 13(7) & (11).54 Public Order Act 1986, s. 12(8) & (12).55 Richard Card (2000), Public Order Law, Jordans, p.254.



Information from the Metropolitan Police Service

8.17 We have encountered the same problem with London as we have withNew York. Although we have written on a number of occasions to the MetropolitanPolice Service (MPS) asking for information on how they handle notification ofpublic processions, as of the date of the publication of this report, we have notreceived any response. We also understand that the MPS has carried out a review ofthe way protests were handled during the state visit of the President of the People'sRepublic of China (PRC) in October 1999.56 The report on the review -"Metropolitan Police Service Review of President of China's State Visit 18th to 21st

October 1999" - was presented to the House of Commons on March 2000. We haveapproached the MPS for the report and have been advised that the report isconfidential and not available for public perusal.57

56 There had been concerns over the policing of the state visit by the President of the PRC in the UK,

particularly on 19 October 1999 when placards were taken away from demonstrators. TheSecretary of State stated that it was a standard practice to conduct a review of the policing of thestate visit and the associated demonstrations. Minutes of Evidence, Select Committee on HomeAffairs, House of Commons, 26 October 1999.

57 We have contacted the Metropolitan Police Service for information about the policing of the statevisits in April 2001 and October 2001. We received an email from Inspector Palmer and he saidthat our request had been passed to him to deal with. We sent two follow-up emails to him forfurther information and have received no reply from him as of the date of the publication of thisreport.



PART 4 - ANALYSIS

9. Reference for Hong Kong

Public Meetings

9.1 The way in which public meetings are regulated in the cities understudy varies. In Hong Kong, event organizers are required to give notice to thepolice for organizing public meetings. However, in San Francisco, New York andLondon, such notice is not required.

9.2 In Hong Kong, under section 17(A) of the Public Order Ordinance(Cap. 245), the maximum penalty imposed on the organizer who "without lawfulauthority or reasonable excuse, knowingly" organizes an unauthorized publicmeeting58 is imprisonment for five years (on conviction on indictment); or a fine ofHK$5,000 and imprisonment for three years (on summary conviction). The penaltyfor a similar offence in respect of a person taking part in a public meeting is the sameas for the organizer. The penalty is heavier than that in London in respect of Londonis for not complying with conditions imposed. However, no one has beenimprisoned since 1 July 1997 for an offence under the Public Order Ordinance (Cap.245).59

Public Processions

9.3 In London and Hong Kong, event organizers are only required togive notice to the police for organizing public processions. However, in SanFrancisco and New York, event organizers are required to apply for permits.

9.4 In San Francisco, event organizers have to write to the police forpermits at least 60 days in advance, and it is the longest notice period amongst thefour cities. According to our enquiries addressed to the event organizers in SanFrancisco, they have no objection to the requirement for the notice period, especiallywhen there are provisions for emergency requests when they are needed. The SanFrancisco Police Department also says that there is no application for a permit that hasnot been granted.

58 "Where 3 or more persons in a public gathering or a public procession refuse or wilfully neglect to obey

police order, the public meeting or public procession shall be an unauthorized assembly." Public OrderOrdinance (Cap. 245), Section 17A.

59 Minutes of special meeting, Legislative Council Panel on Security, 16 December 2000.



9.5 In Hong Kong, the total number of public meetings and publicprocessions held from 1998 to 2000 were around 6 300. The police did not refuse toaccept any of these notices, despite the fact that, for about 20% of these events,notices were given to the police less than a week in advance.60

9.6 In Hong Kong, under section 17(A) of the Public Order Ordinance(Cap. 245), the maximum penalty imposed on the organizer who "without lawfulauthority or reasonable excuse, knowingly" organizes an unauthorized publicprocession is imprisonment for five years (on conviction on indictment); or a fine ofHK$5,000 and imprisonment for three years (on summary conviction). The penaltyfor a similar offence in respect of a person taking part in a public procession is thesame as for the organizer. The penalty is the heaviest amongst the four cities.

60 There are no figures for either public meetings or public processions only. The figure for the year

2000 was up to October 2000. The "Commissioner of Police Accepting Shorter Notice for PublicMeetings and Processions," Official Record of Proceedings, Legislative Council, HKSAR, 22November 2000.



Table 1 - Comparison of Regulation of Public Meetings and Public Processions in San Francisco, New York, London and HKSAR*

Cities /regulations San Francisco New York London HKSAR

Public Meetings

Noticerequired

N/A N/A No Yes

Noticeperiod

N/A N/A N/A A week before the meeting.The Commissioner of Police (CP) may acceptshorter notice.

Penalty N/A N/A Same as publicprocessions. (please seebelow)

Same as public processions. (please see below)

Appeals N/A N/A Judicial review Appeal Board on Public Meetings andProcessions #

Legalprovisions

N/A N/A Public Order Act 1986 Public Order Ordinance (Cap. 245)

* Hong Kong Special Administrative Region.# The Appeal Board on Public Meetings and Processions consists of a chairman (a retired judge) and a panel of 15 persons. All are

appointed by the Chief Executive under Section 43 of the Public Order Ordinance (Cap. 245).N/A Not applicable.



Table 1 (cont'd)


Public ProcessionsPermit/noticerequired

Permit Permit Notice Notice

Noticeperiod

60 days before thepublic procession.

36 hours before thepublic procession.

Six days before thepublic procession.

A week before the public procession.

Availabilityof shorternotice

Yes. The Chief ofPolice may waive thetime limitations.

No Yes. As soon as delivery(of a notice) is reasonablypracticable.

Yes. The Commissioner of Police may acceptshorter notice.

Penalty fororganizer

A fine of not morethan US$500(HK$3,896).

A fine of not more thanUS$25 (HK$195), or byimprisonment for notexceeding 10 days, or byboth.

(a) A fine of not morethan £1,000(HK$11,910) when theorganizer:˙ fails to give a notice;

or

(a) A fine of not more than HK$5,000 andimprisonment for not exceeding 12 months whenthe organizer:

without reasonable excuse fails to comply withany police officer's direction in ensuring dueperformance of the conditions imposed.

(b) A fine of not more than HK$10,000 andimprisonment for not exceeding 12 months whenthe organizer:˙ refuses or wilfully neglects to obey police order;



Table 1 (cont'd)Cities /

regulations San Francisco New York London HKSAR

Public ProcessionsPenalty fororganizer(continued)

˙ organizes aprocession of whichthe date when it isheld, the time when itstarts, or its route,differs from the date,time or routespecified in thenotice.

(b) A fine of not morethan £2,500(HK$29,775), or byimprisonment for notexceeding three months,or by both when theorganizer:˙ fails to comply with

the conditions; or˙ organizes a public

procession theholding of which heknows is prohibitedby virtue of an order.

knowingly contravenes any condition imposedin respect of any public procession;

˙ knowingly enters or remains in a public placeclosed by police; or

˙ announces, publishes any advertisement of apublic procession which has not beennotified to CP, or which is prohibited /objected to by CP and which prohibition /objection has not been reversed on appeal.

(c) Imprisonment for not exceeding five years(on conviction on indictment); or a fine of notmore than HK$5,000 and imprisonment for notexceeding three years (on summary conviction)when the organizer:! "without lawful authority or reasonable

excuse, knowingly" organizes anunauthorized public procession.



Table 1 (cont'd)


Public Processions

Penalty forparticipant

Same as fororganizer.

Same as for organizer. A fine not exceeding£1,000 (HK$11,910).

Same as for organizer in items (b) and (c).

Appeals Committee onParades

Judicial review Judicial review Appeal Board on Public Meetings andProcessions

Legalprovisions

San Francisco PoliceCode

Administrative Code ofthe City of New York

Public Order Act 1986 Public Order Ordinance (Cap. 245)



Appendix I



Appendix II

San Francisco Police Code Section 43

SEC. 43. PERMITS FOR USE OF LOUDSPEAKER OR SOUNDAMPLIFYING EQUIPMENT OUTSIDE BUILDINGS OR OUT OFDOORS

(a) Noncommercial Uses. Upon application made as herein provided and subject tothe provisions of Sections 47.2 and 49 of this Code, the said Chief of Police shallissue a permit for use of a loudspeaker or sound amplifying equipment notattached to nor operated in or upon sound trucks to project sound outside of anybuilding or at any location out of doors in any part of said City and County forthe following purposes only:

(1) To make appeals on behalf of charity, subject to Sections590 through 596 of this Code, whenever applicable;

(2) To amplify announcements and other matters during andas a part of public events;

(3) To publish affairs of interest to the public, not described inSubsection (b) hereof.

(b) Use of Loudspeakers for Commercial Purposes. Upon application made asherein provided and subject to the provisions of Sections 47.2 and 49 of thisCode, the said Chief of Police, at his discretion, may issue a permit for use of aloudspeaker or sound amplifier not attached to sound trucks to project soundoutside of any building or at any location out of doors in any part of said Cityand County at such times and upon such days as he may designate, for thefollowing purposes:

(1) To announce contests, sporting events, ceremonials andother games, divertissements or commercial events, andto broadcast music or entertainment in connectiontherewith for the information or amusement of personsthere assembled.

(2) To advertise commercial products or services.



(c) Information Required for Permit. Application to the said Chief of Police for apermit to use a loudspeaker or sound amplifier as herein provided shall be madeon a form available at the office of said Chief of Police and shall contain thefollowing information:

(1) The name and address of applicant;

(2) The purpose for which sound amplification will be used;

(3) Location at which loudspeaker or amplifier will be placed;

(4) Hours during which sound will be amplified; and

(5) Dates upon which sound amplification will be made.



Appendix III

New York Administrative Code10-108 (2001)

Regulation of Sound Devices or Apparatus

10-108 Regulation of sound devices or apparatus

(a) Legislative declaration. It is hereby declared that the use or operation of anyradio device or apparatus or any device or apparatus for the amplification ofsounds from any radio, phonograph or other sound-making or sound-producingdevice, or any device or apparatus for the reproduction or amplification of thehuman voice or other sounds, in front of or outside of any building, place orpremises, or in or through any window, doorway or opening of such building,place or premises, abutting or adjacent to a public street, park or place, or in orupon any vehicle operated, standing or being in or upon any public street, park orplace, where the sounds therefrom may be heard upon any public street, park orplace, or from any stand, platform or other structure, or from any airplane orother device used for flying, flying over the city, or on a boat or on the waterswithin the jurisdiction of the city, or anywhere on or in the public streets, parksor places, is detrimental to the health, welfare and safety of the inhabitants of thecity, in that such use or operation diverts the attention of pedestrians and vehicleoperators in the public streets, parks and places, thus increasing traffic hazardsand causing injury to life and limb. It is hereby further declared that such use oroperation disturbs the public peace and comfort and the peaceful enjoyment bythe people of their rights to use the public streets, parks and places for street,park and other public purposes and disturbs the peace, quiet and comfort of theneighboring inhabitants. Therefore, it is hereby declared as a matter of legislativedetermination that the prohibition of such use or operation for commercial orbusiness advertising purposes and the proper regulation of such use andoperation for all other purposes is essential to protect the health, welfare andsafety of the inhabitants of the city, to secure the health, safety, comfort,convenience, and peaceful enjoyment by the people of their rights to use thepublic streets, parks and places for street, park and other public purposes and tosecure the peace, quiet and comfort of the city's inhabitants. It is hereby furtherdeclared as a matter of legislative determination that the expense of supervisingand regulating the use and operation of such sound devices and apparatus forpurposes other than commercial and business advertising purposes should beborne by the persons using or operating such devices and apparatus and that therequirement of a nominal fee for the issuance of a permit for such use andoperation as hereinafter prescribed is intended to defray the expenses ofregulating such use or operation for the health, welfare and safety of all thepeople.



(b) Definitions. As used in this section:

1. The term "public holidays" shall mean those days expressly set forth insection twenty-four of the general construction law.

2. The term "sound device or apparatus" shall mean any radio device orapparatus, or any device or apparatus for the amplification of any soundsfrom any radio, phonograph, or other sound-making or sound-producingdevice, or any device or apparatus for the reproduction or amplification ofthe human voice or other sounds;

3. The phrase "to use or operate any sound device or apparatus in, on, near oradjacent to any public street, park or place," shall mean to use or operate orcause to be used or operated any sound device or apparatus in front oroutside of any building, place or premises, or in or through any window,doorway or opening of such building, place or premises, abutting on oradjacent to a public street, park or place, or in or upon any vehicle operated,standing or being in or on any public street, park or place, where the soundstherefrom may be heard upon any public street, park or place, or from anystand, platform or other structure, or from any other airplane or other deviceused for flying, flying over the city, or on a boat or on the waters within thejurisdiction of the city, or anywhere on the public streets, parks or places.

(c) Use and operation of the sound devices and apparatus for commercial andbusiness advertising purposes. It shall be unlawful for any person to use oroperate any sound device or apparatus in, on, near or adjacent to any public street,park or place, for commercial and business advertising purpose.

(d) Use and operation of sound devices and apparatus for other than commercial andbusiness advertising purposes; permit required. It shall be unlawful for anyperson to use or operate any sound device or apparatus, in, on, near or adjacent toany public street, park or place, unless such person shall have first obtained apermit to be issued by the police commissioner in the manner hereinafterprescribed and unless the police commissioner shall comply with the provisionsof this section and the terms and conditions prescribed in such permit.

(e) Applications. Each applicant for a permit to use or operate a sound device orapparatus in, on, near or adjacent to any public street, park or place shall file awritten application with the police commissioner, at the police precinct coveringthe area in which such sound device or apparatus is to be used or operated, atleast five days prior to the date upon which such sound device or apparatus is tobe used or operated. Such application shall describe the specific location inwhich such sound device or apparatus is proposed to be used or operated, the dayand the hour or hours during which it is proposed to be used or operated, thevolume of sound which is proposed to be used measured by decibels or by anyother efficient method of measuring sound, and such other pertinent informationas the police commissioner may deem necessary to enable the police



commissioner to carry out the provisions of this section.

(f) Issuance of permit; terms. The police commissioner shall not deny a permit forany specific time, location or use, to any applicant who complies with theprovisions of this section, except for one or more of the reasons specified insubdivision (g) hereof or for non-payment of the fee prescribed in subdivision (h)hereof, or to prevent overlapping in the granting of permits. Each permit issuedpursuant to this section shall describe the specific location in which such sounddevice or apparatus may be used or operated thereunder, the exact period of timefor which such apparatus or device may be operated in such location, themaximum volume of sound which may be employed in such use or operation andsuch other terms and conditions as may be necessary, for the purpose of securingthe health, safety, comfort, convenience and peaceful enjoyment by the people oftheir right to use the public streets, parks or places for street, park or other publicpurposes, protecting the health, welfare and safety of the inhabitants of the city,and securing the peace, quiet and comfort of the neighboring inhabitants.

(g) Special restrictions. The police commissioner shall not issue any permit for theuse of a sound device or apparatus:

1. In any location within five hundred feet of a school, courthouse or church,during the hours of school, court or worship, respectively, or within fivehundred feet of any hospital or similar institution;

2. In any location where the commissioner, upon investigation, shall determinethat the conditions of vehicular or pedestrian traffic or both are such that theuse of such a device or apparatus will constitute a threat to the safety ofpedestrians or vehicular operators;

3. In any location where the commissioner, upon investigation, shall determinethat conditions of overcrowding or of street repair or other physicalconditions are such that the use of a sound device or apparatus will deprivethe public of the right to the safe, comfortable, convenient and peacefulenjoyment of any public street, park or place for street, park or other publicpurposes, or will constitute a threat to the safety of pedestrians or vehicleoperators;

4. In or on any vehicle or other device while it is in transit;

5. Between the hours of ten p.m. and nine a.m.; or



6. Between the hours of eight p.m. or sunset, whichever is later, and nine a.m.on weekdays and between the hours of eight p.m. or sunset, whichever islater, and ten a.m. on weekends and public holidays, in any location withinfifty feet of any building that is lawfully occupied for residential use. Thedistance of fifty feet shall be measured in a straight line from the point onthe exterior wall of such building nearest to any point in the location forwhich the permit is sought.

(h) Fees. Each applicant for a permit issued under the provisions of this sectionshall pay a fee of twenty nine dollars for the use of each such sound device orapparatus for each day, provided, however, that permits for the use of such sounddevices or apparatus shall be issued to any bureau, commission, board ordepartment of the United States government, the state of New York, and the cityof New York, without fee.

(i) Exceptions. The provisions of this section shall not apply to the use oroperation of any sound device or apparatus by any church or synagogue on orwithin its own premises, in connection with the religious rites or ceremonies ofsuch church or synagogue.

(j) Violations

1. Any person who shall violate any provision of this section, upon convictionthereof, shall be punished by a fine of not more than one hundred dollars orimprisonment for thirty days, or both.

2. Any person who shall violate any provision of this section, any rulepromulgated pursuant thereto or the terms of a permit issued pursuant tosubdivision (f) of this section, shall be liable for a civil penalty recoverablein a civil action brought in the name of the police commissioner or thecommissioner of environmental protection or in a proceeding before theenvironmental control board in an amount of two hundred fifty dollars forthe first violation, five hundred dollars for the second violation and sevenhundred fifty dollars for the third and each subsequent violation. However,any person who commits a fourth and any subsequent violation within aperiod of six months shall be classified as a persistent violator and shall beliable for a civil penalty of one thousand dollars for each such violation.

(k) Rules. The Police Commissioner shall have the power to make such rules asmay be necessary to carry out the provisions of this section.

l. The Police Department and the Department of Environmental Protectionshall have the authority to enforce the provisions of this section.



References

1. "British police admit breaking law during Jiang visit", AF-Presse, 3 May 2000.

2. Derek St. Pierre (1996), Your Right to Demonstration! An Activist's Guide toProtesting, National Lawyer's Guild-San Francisco Bay Area Chapter.

3. Donald T. Kramer, J.D. (2000), "Right to Assemble Peaceably and to PetitionGovernment," American Jurisprudence, second edition, Lawyer's Co-OperativePublishing Company.

4. Donatella Della Porta and Herbert Reiter (1998), Policing Protest, first edition,University of Minnesota Press.

5. Gary L. Francione and Anna E. Charlton (2001), Demonstrating and CivilDisobedience: A Legal Guide for Activists, Animal Rights Law, the article wasdownloaded from the web site: http://www.animal-law.org/library/pamphlet.htm/on 24 September.

6. Helen Fenwick (2000), Civil Right, first edition, Pearson Education, Longman.

7. Henry Cohen (1999), Legislative Attorney, American Law Division, Freedom ofSpeech and Press: Exception to the First Amendment, CRS Report for Congress,March 17.

8. Jay D. White and Guy B. Adams (1994), Research in Public Administration,SAGE Publications.

9. Jenny Booth and Severin Carrell (1999), “‘Heavy handed’ policing for Jiang visitcondemned by Labour MPs”, The Scotsman, 21 October.

10. Joe R. Feagin, Anthony M. Orum and Gideon Sjoberg (1991), A Case for theCase Study, The University of North Carolina Press, Chapel Hill and London.

11. Joel M. Gora, David Goldberger, Gary M. Stern and Morton H. Halperin (1991),The Right to Protest, first edition, Southern Illinois University Press.

12. Kevin Francis O'Neill (1999), "Disentangling the law of public protest," LoyolaLaw Review, Fall.

13. Lorna MacLaren (1999), “Police accused of heavy-handed tactics againstdemonstrators”, The Herald (United Kingdom), 21 October.

14. P.A.J. Waddington (1994), Liberty and Order, University of Reading, UCL Press.

15. Planning for Safe Marches and Demonstration, Community Relations Service,U.S. Department of Justice, 2000.

16. Report of the WTO Accountability Review Committee Seattle City Council, 14September 2000.

17. Richard Card (2000), Public Order Law, Jordans.

18. Richard Stone (2000), Civil Liberties and Human Rights, 3rd edition, Blackstone.



19. Robert K. Yin (1994), Case Study Research, second edition, SAGE Publications.

20. "Right to Peaceably Assemble" and "U.S. Supreme Court Decisions, 1987-1988term," First Amendment Cyber-Tribune, these articles were downloaded fromthe web site: http://w3.tib.com/FACT/1st.assemble.html on 18 September 2000.

21. The Constitution of the United States of America, the Office of the Secretary ofthe Senate.

Useful Web sites

1. A San Francisco Bay Area Progressive Directory. Web site: http://bapd.org/

2. California Penal Code. Web site: http://www.leginfo.ca.gov/cgi-bin/

3. Free Tibet Campaign. Web site: http://www.freetibet.org/

4. Homepage of the Board of Supervisors. Web site:http://www.ci.sf.ca.us/bdsupvrs/

5. Houses of Parliament, the United Kingdom. Web site: http://www.parliament.uk/

6. Metropolitan Police Authority, the United Kingdom. Web site:http://www.mpa.gov.uk/

7. San Francisco Recreation & Park Department. Web site: http://parks.sfgov.org/

8. State Constitution - Table of Contents. Web site: http://www.leginfo.ca.gov/const-toc.html/

9. The City of New York. Web site: http://www.ncy.gov/html/nypd/

10. The National Lawyer Guild (NLG). Web site: http://www.nlg.org/

11. The United Nations. Web site: http://www.un.org/

regulation of public meetings and public processions in

Documents