MR CHAN KIN-POR (in Cantonese): President, having reviewed the videotapes, I am most shocked to find that the incident was actually orchestrated through “inside/outside collaboration”. Some radical Members had resorted to radical actions in the past, and I think most Members would not be surprised. But in this incident, some moderate Members and their assistants had actually taken part in the action, for example, a person had shown others how to ram a door in the Complex with his wheelchair, and some Members had disseminated information on the Internet teaching others how to besiege the Complex. Meanwhile, many young people have absolutely no idea that their actions had already been videotaped by many parties, and their actions might have already contravened the law. All these could have a great impact on their prospects.
I would like to ask whether the Secretary Bureau have any means or channels to make the public understand that even though young people are just doing something they consider to be righteous, their entire life and future prospects will be affected if their actions have violated the laws of Hong Kong, especially the acts of storming the Complex, such as removing mills barriers, providing tools, charging at the security guards, and so on. I hope the Secretary can explain their criminal liabilities clearly.
SECRETARY FOR SECURITY (in Cantonese): President, thanks to Mr CHAN for the question. When members of the public participate in large-scale public events and have taken some violent storming actions, the offence committed will, to a great extent, depend on the actions actually taken at the time. If simply judging from what we see on the videotapes, some people were ramming or trying to pry open the doors of the Complex. As properties are protected by the laws of Hong Kong, the persons concerned might have committed the crime of criminal damage.
Secondly, according to the Public Order Ordinance, for any public meeting with attendance of more than 50 persons, a prior notice should be given to the police. According to the provisions in the Public Order Ordinance, it is an unlawful act to hold such a meeting without giving the required notice.
Separately, as the precincts of the Legislative Council are regulated and protected under the P&P Ordinance, if any person obstructs or assaults officers of the Council in carrying out their duties, he has definitely committed a crime and might be liable to imprisonment for 12 months.
Regarding the specific crimes involved, it may take a while for me to list out all the relevant crimes in detail. Take for example the acts of an individual. If a person obstructs or assaults a police officer while he is carrying out duties in accordance with the law, that person has definitely committed crimes such as obstructing the police in the execution of their lawful duties, assaulting police officers, and so on. While the penalty imposed on each crime varies, according to the Public Order Ordinance, the offender of some crimes may be liable to imprisonment for as long as five years, and longer sentence of imprisonment may be meted out for more serious offences.
Hence, I must make it clear that it is most important for members of the public to abide by the law and express their views in a peaceful and lawful manner. If a person has committed a crime and is convicted, no matter what the sentence is, he may have a criminal record. While it is true that if only minor offences are involved with the sentence imposed being imprisonment for less than three months or a fine of less than $10,000, the offender may be given a spent conviction, that is, his criminal record will be spent after three years under normal circumstances, it is very likely that his past criminal record would still be considered by the relevant parties if that person applies for immigration or employment. Hence, I want to reiterate my advice to all members of the public that while we welcome Hong Kong citizens to exercise their legal rights in expressing their views, they must abide by the law and act peacefully. Otherwise it may have a far-reaching consequence in terms of their legal liabilities and future criminal records.