'Gathering Ban Not Used To Crack Down On Protests'

Justice Secretary Teresa Cheng on Monday dismissed suggestions that the government's gathering ban is being abused to clamp down on protests here.

Pro-democracy lawmakers at a meeting of Legco's legal services panel had accused the police of misusing the anti-epidemic measure to clamp down on recent protests.

They said this was just one example of how the rule of law in Hong Kong is “decaying” under Cheng’s watch.

Legislators pointed to a police statement on Sunday that any group of over four people would be breaking the law if they're at a public place together for a common purpose, even if they split up into smaller groups spaced at least 1.5 metres apart.

Cheng told reporters afterwards that there are many factors in play, including whether such gatherings are organised and how long they last.

She said for example, people lining up for a bus most wouldn’t be in breach of the ban. But she was adamant that the regulation is not being used to clamp down on peoples’ freedoms.

Cheng said the ban “is promulgated with a view to encourage social distancing. It is not with any other motive except with the safety and health of the people in Hong Kong”

“Hong Kong government respects and protects the freedoms that are set out in our laws: Basic Law and the Bill of Rights Ordinance”, she added.

Lawmakers also hounded her for an explanation of the government's position on how the Basic Law applies to Beijing's Liaison Office here.

There's been an ongoing row over whether the office is subject to Article 22 of the mini-constitution that prohibits mainland departments from interfering in local affairs.

Cheng reiterated the government's position that this particular article doesn't apply because of the historical circumstances in which the office was set up, and the nature of the office.

But she said it nonetheless is bound by the Chinese Constitution to follow both the Basic Law, and Hong Kong laws.

"Constitution law, Article 5. It states unequivocally that every body, that is set up, will have to comply with the relevant laws and the constitution law," she said.

But Civic Party leader Alvin Yeung, who is also a barrister, disagreed with her interpretation.

"The only article that is relevant in the whole Basic Law is Article 22," he said "That is to prohibit departments from the central government from interfering in local business."

"If Teresa Cheng is saying, 'No, hang on. They are not subject to that', then which article is applicable? If you are subject to the whole piece of the Basic Law, then of course, an important part of the Basic Law – Article 22 – cannot be taken away."

Cheng also reiterated that the office hasn't interfered in local affairs, because it has the responsibility to supervise Hong Kong as a representative of the Central government, on the implementation of Basic Law and one country and two systems.