19 November 2018

公民廣場

有關公民廣場的判決,傳媒傾向報道政府的有關規定違反了基本法,而一般忽略了法官指出了政府其實有權管理公民廣場,只不過需要修訂/改善現有的規定而已。

87.  In this respect, it must be emphasized that Ms Li has fairly and rightly accepted that the Government (through the Director) is entitled and has power as landowner to manage the use of the Forecourt by imposing restrictions and conditions.  Hence, she accepts that even if the present Permission Scheme is declared unlawful, it is up to the Director to reconsider and devise a new scheme that would satisfy the proportionality test.

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