RESTRICTED
RESTRICTED
HKB 011 15
RECEIVES A
Y
10 SEP 1990
FM HONG KONG
TO DESKBY 07093OZ FCO
TELNO 2698
INDEX
OF 07070OZ SEPTEMBER 90
777
กา
166231
MDHIAN 7593
TOP will
Q DIST?
76
LG
YOUR TELNO 1626 : PROSECUTION ACTION AGAINST UNITED DEMOCRATS OF
HONG KONG : MP'S LETTER
1. ON MR WELL'S POINT AS TO WHY PERMISSION NEEDS TO BE OBTAINED TO USE A PUBLIC ADDRESS SYSTEM, YOU MAY WISH TO POINT OUT THAT, IN HONG KONG'S HIGHLY URBANISED ENVIRONMENT, UNCONTROLLED USE OF LOUDSPEAKERS HAS THE POTENTIAL TO CAUSE SERIOUS NUISANCE TO THE PUBLIC. IN THE CASE OF LARGE SCALE PROCESSIONS AND
DEMONSTRATIONS, IT IS ALSO IMPORTANT THAT THERE BE NO UNNECESSARY INTERFERENCE WITH POLICE CROWD CONTROL DIRECTIONS.
2. YOU MAY WISH TO TELL MR WELLS THAT CURRENT CONTROLS ON THE USE OF LOUDSPEAKERS ARE OF LONG STANDING, AND WIDELY UNDERSTOOD AND SUPPORTED IN THE COMMUNITY. THE POLICE ACTIVELY SEEK AND RECEIVE THE SUPPORT OF THOSE ORGANISING PUBLIC MEETINGS AND PROCESSIONS TO ENSURE THAT SUCH EVENTS MEET ORGANISER'S EXPECTATIONS AND DO NOT CAUSE UNDUE DISTURBANCE AND INCOVENIENCE TO OTHER MEMBERS OF THE COMMUNITY. THE USE OF LOUDSPEAKERS IS ALLOWED WHERE NO CONFLICT WITH POLICE OPERATIONS IS LIKELY, AND WHERE THE DEGREE OF NOISE POLLUTION IS ACCEPTABLE HAVING REGARD TO ALL THE
CIRCUMSTANCES.
3. BREACHES OF THE LAW ARE DEALT WITH TACTFULLY, INVARIABLY BY VERBAL REQUESTS TO COMPLY WITH THE LAW. AS DEMONSTRATED BY THE STATISTICS AT PARA 6 BELOW, PROSECUTION ACTION IS ONLY TAKEN AS A LAST RESORT. HOWEVER, VERBAL REQUESTS ARE INEFFECTIVE IF INDIVIDUALS SET OUT TO MAKE A POLITICAL POINT IN INVITING PROSECUTION BY REPEATEDLY IGNORING REQUESTS TO COMPLY WITH THE
LAW.
4. THE REVIEW OF ALL LEGISLATION CURRENTLY IN PROGRESS IS TO DETERMINE ITS COMPATIBILITY WITH THE PROVISIONS OF THE ICCPR AND THE BILL OF RIGHTS. IT IS WIDELY RECOGNISED IN THE COMMUNITY THAT PENDING THE OUTCOME OF THAT REVIEW, EXISTING LEGISLATION REMAINS THE LAW OF THE LAND.
5. YOU WILL KNOW FROM OUR TELNO 2332 THAT DETAILS OF PROSECUTIONS
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