G
assembly should be recognised.
The action of peaceful petitioning
to the New China News Agency on April 5, 1979 to express their
political opinions on the Tien On Mun Incidence was in fact a
manifestation of this fundamental right.
The Public Order Ordinance, by giving the Hong Kong
Police absolute authority to stop, disperse any of the public
gatherings or public processions of more than three persons which
has not been previously licensed, fundamentally violates the
principle of this Covenant. In this context, it is not the number
of participants that matters but the inherent right that counts.
The arrest of the RML by the Hong Kong Police indicated that
the Hong Kong Government deliberately violated this Cavenazt.
Furthermore, even though the RML conducted the gathering at the
Victoria Park without a permit, this should not constitute an
offence. In fact, during the whole process, no public disturbance
13: a breach of peace was ever reported. However, the only
disturbance that was created was when the plain-clothed police
came to arrest the RML at different locations in the overcrowded
area
.to.
Article 19 of this Covenant further elaborates the
right to freedom of expression stating that this right shall include
freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of his choice. The severe restrictions, namely, no banners, posters, flages and
any other propaganda were allowed at the meeting place and in its
vicinity, imposed on the April 5 meeting implies that the Hong Kong Government would try by all means to restrict this meeting although the RML was permitted to conduct this gathering.
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