Gang Up with the Right Gangs – A Comparative Study on the Law of Unlawful Assembly in Hong Kong and Japan

Abstract

Freedom of assembly is guaranteed in most if not all democracies, but it is not without limit and regulation under their public order laws. Hong Kong and Japan are two democratic regimes in East Asia with sound rule of law despite few studies have been conducted to compare the public order offences of the two jurisdictions. By studying the law of unlawful assembly and law of disturbance in Hong Kong and Japan respectively, this article aims at discovering the similarities and differences in criminalizing assemblies in the two jurisdictions. Issues on comparation of Hong Kong and Japanese public order offences, significance of the law of unlawful assemblies, and possible justification of differences in Hong Kong and Japanese jurisdiction on unlawful assembly will be discussed. This article further raises the concern of the law enforcement on unlawful assembly and its relationship with the severity of the offence itself. A conclusion is drawn that Japan might have a wider coverage of conduct constituting unlawful assembly but the recent social and political movement in Hong Kong may have significant influence on the deterring effect imposed by the latter’s jurisprudence.

Keywords

• hong kong
• japan
• unlawful assembly
• riot
• public order ordinance
• freedom of assembly
• disturbance