Legislation limiting right of free assembly

This petition was an appeal against the decision of the High Court which held that the petitioners breached Section 6 (7) of the Public Order Act (the Act). Section 6(7) of the POA prohibits the holding of public meetings, processions or demonstrations, where the police notify the conveners that they cannot adequately police such events. The petitioners argued that the High Court erred since the prohibition to hold the demonstrations violated their freedoms of expression, assembly and association, as guaranteed by articles 20 and 21 of the Constitution.

This petition challenged the constitutionality of section 32 of the Police Act (Cap 303). The section empowered the Inspector General of Police (IGP) to prohibit the convening of any assembly or procession on any public road, street or any place of public resort, if the IGP had reasonable grounds to believe the assembly or procession was likely to cause a breach of the peace.

The appellant had filed a petition in the Constitutional Court challenging the constitutionality of section 32 of the Police Act (Cap 303). The section empowered the Inspector General of Police (IGP) to prohibit the convening of any assembly or procession on any public road, street or any place of public resort, if the IGP had reasonable grounds to believe the assembly or procession was likely to cause a breach of the peace.