TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 126

1990-05-33 19:49 MARTIN LEE'S CHAMBERS

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the

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

Bill

of Rights Article 16.

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

Commisons from the chef of Police possibly violates ICCPR Article 19, and

Under those articles,

restrictions on freedom of expression are only permissible to

protect national securtiy, public order, or public health and

Lee commented, "The complete ban on any use of a

megaphone or loudspeaker without a permit from the erries,

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."

morals.

The

of this an

Commiawni

chief of

was

Las potential 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 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

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

over $12

$12 million was collected in public.

constitut

rallies when

In

addition, the statute may be an impermissible restriction on the

3