TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 111

53-05-23 19:49 MARTIN LEE'S CHAMBEPS

was extended to Hong Kong in 1976. As the Hong Kong Government

admits, the prohibition on use of a loudspeaker without a permit

Commits wis

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, or public health and

morals. Mr. Lee commented, "The complate ban on any use of a

Commissi 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."

this Con

The potential incompatibility with the

S

༣

the ICCPR was

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 hand-held loudhailer or for using amplification

well equipment in permissible situations could be in violation of the

Government's undertaking to 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

rallies when over $12 million was collected in public.

addition, the statute may be an impermissible restriction on the

In

3