TNAG-0969-FCO40-1188-Human-rights-in-Hong-Kong-1980 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Doatpeople after the court case indicated that, generally, the

people were reluctant to take further action (although a group

was courageous enough to organize a sit-in at a transit centre

in August 1979 after typhoon Hope).

--

The decision of the appellate court also successfully

prevents the free formation of any kind of demonstration since the

judge literally interpreted the statute any group of three or

more persons gathered together without a license may be subject to

arrest. This action would logically lead to the elimination of any

peaceful assembly, petition, demonstration, rally etc. which may,

in the least, be critical of government policy or which may seek

basic change in a system where economic and political inequalities

are a blatant reality.

Hy manipulating the legal system to serve its ends,

the government has severely curtailed dissent within the society.

One only has to read Judge Con's decision (see Appendix 5) to see

how the right to petition has been emasculated. He clearly stated

that it was unnecessary to present a petition en masse, that the

presence of a group added nothing to the weight of the petition

and that there was no urgency which would preclude the appellants

from obtaining a license in advance. The implications of this

statement were succintly outlined by the Kwun Tong Area Inquiry Service in the letter to the editor (Hong Kong Standard, May 4, 1979)

where this organization said:

By defining a citizen's inherent right to petition within these ridiculous limitations, the judge actually has

abrogated that right. Groups of people who have grievances

which they wish to bring to the attention of their

government will show their determination, strength and

unity by petitioning en masse. This certainly does

add weight to a petition for it show the authorities

that people have tolerated an intolerable situation long

⚫nough. To say that petitions should be brought to the

government by one or two persons is just another way of curtailing the basic human right to petition and

preventing the expression of dissent within our society.

- 8.

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