1990-05-33 19:49 MARTIN LEE'S CHAMBERS
253 3 8613839
the
extended to Hong Kong in 1976. As the Hong Kong Government
Bill
of Rights Article 16.
admits, the prohibition on use of a loudspeaker without a permit
Commisons from the chef of Police possibly violates ICCPR Article 19, and
Under those articles,
restrictions on freedom of expression are only permissible to
protect national securtiy, public order, or public health and
Lee commented, "The complete ban on any use of a
megaphone or loudspeaker without a permit from the erries,
Police--a ban which is often violated throughout Hong Kong--
places unreasonable restrictions far in excess of those permitted
under the International Covenant/Bill of Rights."
morals.
The
of this an
Commiawni
chief of
was
Las potential incompatibility with the ICCPR
examined in detail at a November 1988 hearing of the United
Nations Human Rights Committee (UNHRC). Following that hearing,
the Hong Kong Government in October 1989 submitted its Third
Periodic Report to the UNHRC, In that report, the Government
discussed the "general guidelines under which use of
amplification equipment, other than hand-held loudhailers, might
be banned...." [Emphasis added] Mr. Lee remarked, "A prosecution
for using a hand-held loudhailer or for using amplification
well equipment in permissible situations could be in violation of the
Government's undertaking to the
the United Nations Human Rights
Commitee."
As regards the charge of collecting money without a permit
from the Director of Social Welfare, Mr. Lee noted that "the
Government raised no objection during last year's pro-democracy
over $12
$12 million was collected in public.
constitut
rallies when
In
addition, the statute may be an impermissible restriction on the
3