extended to Hong Kong in 1976. As the Hong Kong Government
admis, the prohibition on use of a loudspeaker without a permit
Commis wis
from the exe of Police possibly violates ICCPR Article 19, and
articles,
the
Bill
of Rights Article 16. Under those
restrictions on freedom of expression are only permissible to
protect national securtiy, public order, or public health and
morals. Mr. Lee commented, "The complate ban on any use of a
Common megaphone or loudspeaker without a permit from the emise 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
H
was
The potantial 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 Govemment
discussed
which
Che
"general
guidelines
under
use
of
amplification equipment, other than hand-held loudhailers, might
H
be banned.... (Emphasis added) Mr. Lee remarked, "A prosecution
or for using amplification
well
for using a hand-held loudhailer or
equipment in permissible situations could be in violation of the
Government's undertaking to the United Nations Human Righ
Commitee."
As regards the charge of collecting money without a permit
from the Director of Social Welfare. Mr. Lee noted that
Government raised no objection during last year's pro-demo
rallies when
when over $12 million was collected in public.
the statute may be an impermissible restriction on the
addition,
3