TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 20

was extended to Hong Kong in 1976. As the Hong Kong Government admits, the prohibition on use of a loudspeaker without a permit

Commiss

15.

Under

those

articles,

from the care of Police possibly violates ICCPR Article 19, and

the Bill of Rights Article

restrictions on freedom of expression are only permissible to protect national securtiy, public order, or public health and

morals. Mr. Lee commented, "The complete 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."

of this law

n

The potantial incompatibility with the

with 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

which

the

"general

guidelines

under

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

3