TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 153

CONFIDENTIAL

012731

MDLIAN 7139

7.

G

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1791

OF 070845Z JUNE 90

YR TELNO 1068: MPS LETTER:

НКВ GI

15

Mr

броке

ра

ECEIVED IN RECISTRY

12 JUN 1990

ESK OFF.O

PROSECUTION ACTION AGAINST UNITED DEMOCRATS OF HONG KONG: CIVIL LIBERTIES IN HONG KONG -

1. WE SUGGEST YOU REPLY TO MR FOULKES AS DETAILED IN PARAS 2 TO 5 BELOW.

2. QUOTE: IT WOULD BE INAPPROPRIATE FOR ME TO COMMENT AT THIS STAGE ON THE DETAILS OF THE CASES INVOLVED SINCE THE MATTER IS SUB-JUDICE PENDING FURTHER COURT HEARINGS. HOWEVER, IT MIGHT BE USEFUL IF I WERE TO REVIEW IN GENERAL TERMS HOW THE OFFENCES ALLEGEDLY INVOLVED

ARE PERCEIVED IN HONG KONG.

3. CONTROLS ON THE USE OF LOUDSPEAKERS IN PUBLIC ARE PROVIDED UNDER

THE NOISE CONTROL ORDINANCE (CAP. 400) AND THE SUMMARY OFFENCES ORDINANCE (CAP. 228). IT MUST BE BORNE IN MIND THAT IN HONG KONG'S HIGHLY URBANISED ENVIRONMENT, WITH SOME OF THE HIGHEST POPULATION DENSITIES IN THE WORLD, UNCONTROLLED USE OF LOUDSPEAKERS HAS THE POTENTIAL TO CAUSE EXCESSIVE DISTURBANCE TO THE PUBLIC. IT IS ALSO VITAL THAT THERE BE NO UNNECESSARY INTERFERENCE WITH POLICE CROWD

CONTROL DIRECTIONS. THE USE OF LOUDSPEAKERS IS ALLOWED WHERE NO CONFLICT WITH POLICE OPERATIONS IS LIKELY, AND WHERE THE DEGREE OF NOISE POLLUTION IS ACCEPTABLE HAVING REGARD TO ALL THE

CIRCUMSTANCES.

4. PERMITS TO COLLECT MONEY IN PUBLIC ARE ISSUED BY THE DIRECTOR OF

SOCIAL WELFARE UNDER THE PROVISIONS OF THE SUMMARY OFFENCES ORDINANCE (CAP. 228) TO ENSURE THAT ONLY BONA FIDE ORGANISATIONS

ARE ALLOWED TO SOLICIT FUNDS FROM THE PUBLIC. THE AIM OF THE LEGISLATION IS TO PROVIDE THAT MONIES ARE APPLIED FOR THE PURPOSE

FOR WHICH THEY ARE COLLECTED, AND THAT APPROPRIATE ACCOUNTING ARRANGEMENTS ARE MADE. A LARGE NUMBER OF PUBLIC SUBSCRIPTION PERMITS ARE ISSUED EACH YEAR BY THE DIRECTOR OF SOCIAL WELFARE TO A

VARIETY OF ORGANISATIONS.

5. I AM UNABLE TO ACCEPT THE CONTENTION THAT THE CURRENT CONTROLS

ON THE USE OF LOUDSPEAKERS IN PUBLIC, AND THE PUBLIC COLLECTION OF

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