CCPR/C/SR.857 page 12
XI.
Freedom of assembly and association (articles 21 and 22)
58. Mr. FEARN (United Kingdom), in response to the request for additional information regarding restrictions on freedom of assembly and on the regulation of trade unions, said that freedom of assembly and association was expressly protected in the Constitutions of Bermuda, the Falkland Islands, Gibraltar and the Turks and Caicos Islands.
59. There were no restrictions on the right of peaceful assembly in the British Virgin Islands, the Cayman Islands or the Falkland Islands (except an assembly gathered for the purpose of committing a crime or breach of the peace), or in Pitcairn, Saint Helena or the Turks and Caicos Islands.
60. In Hong Kong, the Public Order Ordinance provided for the control of public meetings. With certain exceptions, the Commissioner of Police must give prior approval for a public meeting of more than 30 persons to discuss issues of public concern. The Commissioner's approval was not required for various types of public meeting, including those of not more than 30 persons; those convened for social, recreational, cultural, academic, educational, religious or charitable purposes; certain conferences or seminars; funerals; and meetings held in private premises with a capacity of not more than 200 persons or held with the consent of the management in an educational establishment. The Commissioner of Police might prohibit the holding of a public meeting of which he had been duly notified in certain limited circumstances, in particular, if the holding of the meeting was, in his opinion, likely to prejudice the maintenance of public order or to be used for any unlawful purpose. Any person aggrieved by a decision of the Commissioner to prohibit a public meeting might appeal in writing to the Governor, who might confirm, reverse or vary the decision. A public procession of more than 20 persons on a public highway or in a public park might take place only if licensed by the Commissioner of Police. The Commissioner might issue a licence if he was satisfied that the public procession was not likely to prejudice the maintenance of public order or to be used for any unlawful purpose. A right of appeal against refusal of a licence lay with the Governor.
61.
With regard to the regulation of trade unions, the laws of the dependent territories permitted the establishment of trade unions but required their registration. There were few restrictions on the activities of trade unions. In Gibraltar, for example, there were provisions prohibiting intimidation, but peaceful picketing and persuasion in contemplation or furtherance of a trade dispute was permitted. In Hong Kong, provisions of the Trade Unions Ordinance regulated the conduct of trade unions in such areas as their constitutions and rules, control of funds and the use of funds for political purposes. The right to picket peacefully was protected by section 46, but intimidation was an offence under section 47. In Saint Helena, similarly, peaceful picketing in a trade dispute was permitted, but the use of union funds for political purposes was prohibited. In the Turks and Caicos Islands, no trade unions had in fact been formed, although section 76 of the Constitution permitted their establishment.
62.
Mr. ANDO, noting that Mr. Fearn had stated that in Hong Kong trade unions had to be registered, inquired whether any registration applications had been rejected and, if so, why? Was there a right to appeal against an adverse decision?