HONG KONG (SE): In response to the controversy over the opening of parishes to people needing a respite during protests and the recent arrest of people by the police inside the grounds of a parish (Sunday Examiner, November 24), pertinent Church principles as well as related laws were discussed during a clergy formation day at the Diocese Centre, Caine Road, on November 27.
Vitus Leung Wing-hang, a solicitor, explained that while the Hongkonger’s rights are safeguarded by the Basic Law and the International Bill of Human Rights, under sections 50(3) and (4) of the Police Force Ordinance (Cap 232), if police officers have reasonable cause to suspect that someone may have committed a criminal offence in any public or private place, they have the power to enter and make arrests without a search warrant. Any representative of the private premises who attempts to obstruct the police in the execution of their duties may be in breach of section 63 of the Police Force Ordinance.
As to whether or not the opening up of parishes carries legal responsibilities, the solicitor said it depended on the behaviour of those entering the parish premises and whether the persons-in-charge of the parish has knowledge of their intentions beforehand.
Duncan Ho Dik-hong, a barrister, explained that the Basic Law guarantees religious freedom so the persons-in-charge are free to decide their opening hours and whom they serve.
Ho pointed out that if police officers intend to enter a church to make arrests, the person-in-charge has no right to stop them under the Police Force Ordinance 50(3), but they can ask officers about their intent and to show their warrant cards, which can be helpful for any complaints and is a legal protection that should be guaranteed.
Cheung Ka-wai, a lawyer and a permanent deacon, said the protection for citizens is reduced with the expansion of the power of the police. He pointed out that the clergy are responsible for protecting people inside a church, citing how St. Ambrose, the bishop of Milan in the 4th century, stopped soldiers from entering the basilica. He said even in modern times, all people belong to the flock of God and the Church should make every effort to protect them.
Father Peter Choy Wai-man, chairperson of the Commission for Ongoing Formation of the Clergy, said it is hard for the diocese to issue clear-cut guidelines given the recent, special social situation. However, he noted there are some principles that the diocese should emphasise.
He said churches or church premises should be used for religious, liturgical or pastoral purposes and there are fixed opening hours. However, in case of emergency, for humanitarian reasons and out of the virtue of love, they can be opened for people to rest and receive first aid or medical treatment, which is what certain parishes have been doing over the past few months.
He added that whether parishes should be opened in response to recent social issues should be decided by parish priests who may need to consider the legal issues involved, as well as whether the parish is prepared or has the resources to handle the situation. A parish priest can also ask the parish council and the social concern group of the parish for their opinions. He also encouraged parish priests to consult the diocese if they have any questions.
In addition, Father Choy said that in case of emergency, such as after police officers enter a parish to make arrests or execute their duties with or without a warrant, parish priests or the heads of diocesan organisations should contact the Diocesan Chancery at once so that chancery representatives can help in handling the related issues, such as the release of information and legal matters.
