was extended to Hong Kong in 1976. As the Hong Kong Government
admits, the prohibition on use of a loudspeaker without a permit
Cominico cons
Under those
articles,
from the chief of Police possibly violates ICCPR Article 19, and
the Bill of Rights Article 16.
restrictions on freedom of expression are only permissible to
protect national securtiy, public order,
public order, or public
or public health and
morals. Mr. Lee commented, "The complate ban on any use of a Commisaris megaphone or loudspeaker without a permit from the chief of
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.
of this Can
was
The potential incompatibility with the ICCPR
babe
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 a hand-held loudhailer or for using amplification
weit equipment in permissible situations could be in violation of the
Government's undertaking
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
ies
when ever $12 million was collected in public.
addition, the stat e may be añ-impermissible restriction on the
3