Public Order Events Section in Prosecution Code of DoJ (2014/11/05)

MR YIU SI-WING: President, the organizers of Occupy Central have already admitted that this is against the law, and the protesters on the scene may face prosecution. It is recently reported by the mass media that some overseas tourists went to the occupied area and stayed in the tents there after obtaining permission from the occupiers. I would like to ask the authorities whether the tourists staying in the tents are already breaking the law. If so, on the premise of public interests, will the authorities handle make special arrangements in the prosecution procedures as tourists only stay in Hong Kong for a short period of time? We have to prevent these unlawful situation from spreading and affecting Hong Kong's international reputation.

SECRETARY FOR JUSTICE: President, I thank Mr YIU for his supplementary question. At the present moment, we still need to understand the situation concerned. As I pointed out at the beginning of my reply to the question, every case involves arresting, gathering evidence and the decision to institute prosecution. I need to first understand whether the tourists mentioned by Mr YIU just now have been arrested before we can decide whether the evidence and public interests should be considered in accordance with the related provisions in the Prosecution Code, and then decide whether to institute prosecution. I totally understand what Mr YIU has said, as this involves tourists whose stay in Hong Kong may be shorter, and will affect our international image in handling tourist issues. As to the weight of these factors, we will give appropriate consideration according to the substantial situation of each and every case.