RESTRICTED
RESTRICTED
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2364
HKCB 011
15
SECEVER
OF 27093OZ JULY 90.
ST JUL 1990
AND TO IMMEDIATE PEKING
INFO IMMEDIATE UKREP JLG HONG KONG,
TOP COPY Q DIST 2
BTC HONG KONG
006040
MDHIAN 0474
53
42
OUR TELNOS 1791 AND 2332 : SUMMARY OFFENCES ORDINANCE : UNAUTHORISED USE OF LOUDSPEAKERS IN PUBLIC
1. FIVE OF THE SIX DEFENDENTS SUMMONSED FOR UNAUTHORISED USE OF
LOUDSPEAKERS AND COLLECTING MONEY IN PUBLIC WITHOUT A PERMIT WERE FOUND GUILTY AND FINED HONG KONG DOLLARS 75 ON EACH COUNT AT WESTERN MAGISTRACY TODAY. DETAILS OF THE CONVICTIONS ARE IN MIFT.
2. THOSE CONVICTED HAVE 14 DAYS IN WHICH TO PAY THE FINES IMPOSED. (THE COURT DID NOT (NOT) IMPOSE A CUSTODIAL SENTENCE IN DEFAULT OF PAYMENT). WE UNDERSTAND THEY ARE CURRENTLY UNDECIDED AS TO WHETHER TO APPEAL (TO A SINGLE HIGH COURT JUDGE) OR, ALTERNATIVELY, NOT TO PAY THE FINES AND SURRENDER TO THE MAGISTRATES COURT AT THE END OF
14 DAYS.
3. IF THE FORMER, A HEARING IS UNLIKELY TO BE HELD FOR 2 OR 3 MONTHS: IF THE LATTER, IT IS PROBABLE THAT THE MAGISTRATES COURT WOULD EXTEND THE TIME PERIOD FOR ANOTHER 14 DAYS. IF PAYMENT WAS NOT EFFECTED BY THE END OF THAT PERIOD, THE COURT WOULD, UNDER SECTION 51 OF THE MAGISTRATES' ORDINANCE, SEEK A WARRANT OF DISTRESS TO EFFECT RECOVERY OF THE SUMS DUE. THE EFFECT OF THIS WOULD BE THAT THOSE CONVICTED WOULD NOT (NOT) BE IMPRISONED.
4. WHICH COURSE OF ACTION THEY DECIDE TO TAKE WILL PROBABLY BE
DETERMINED BY THE EXTENT TO WHICH THE LOCAL MEDIA SUPPORT OR CONDEMN THE CONVICTIONS. THOSE CONVICTED, TOGETHER WITH OTHER PRO- DEMOCRACY ACTIVISTS, INTEND TO PRESENT A PETITION TO MR MAUDE TONIGHT WHEN HE VISITS THE LEGISLATIVE COUNCIL FOR A MEETING WITH
OMELCO. THERE WILL SUBSEQUENTLY BE A SMALL DEMONSTRATION AT
GOVERNMENT HOUSE LED BY THE 5TH APRIL ACTION GROUP.
5. IN PUBLIC, WE ARE TAKING THE LINE THAT IT WOULD BE INAPPROPRIATE
TO COMMENT ON THE OUTCOME OF INDIVIDUAL PROSECUTIONS. AS
BACKGROUND, WE ARE DEPLOYING THE MATERIAL SET OUT IN OUR TELNO 73
TO PEKING.