TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 24

RESTRICTED

RESTRICTED

FM HONG KONG

TO IMMEDIATE FCO

TELNO 2364

HKCB 011

15

SECEVER

OF 27093OZ JULY 90.

ST JUL 1990

AND TO IMMEDIATE PEKING

INFO IMMEDIATE UKREP JLG HONG KONG,

TOP COPY Q DIST 2

BTC HONG KONG

006040

MDHIAN 0474

53

42

OUR TELNOS 1791 AND 2332 : SUMMARY OFFENCES ORDINANCE : UNAUTHORISED USE OF LOUDSPEAKERS IN PUBLIC

1. FIVE OF THE SIX DEFENDENTS SUMMONSED FOR UNAUTHORISED USE OF

LOUDSPEAKERS AND COLLECTING MONEY IN PUBLIC WITHOUT A PERMIT WERE FOUND GUILTY AND FINED HONG KONG DOLLARS 75 ON EACH COUNT AT WESTERN MAGISTRACY TODAY. DETAILS OF THE CONVICTIONS ARE IN MIFT.

2. THOSE CONVICTED HAVE 14 DAYS IN WHICH TO PAY THE FINES IMPOSED. (THE COURT DID NOT (NOT) IMPOSE A CUSTODIAL SENTENCE IN DEFAULT OF PAYMENT). WE UNDERSTAND THEY ARE CURRENTLY UNDECIDED AS TO WHETHER TO APPEAL (TO A SINGLE HIGH COURT JUDGE) OR, ALTERNATIVELY, NOT TO PAY THE FINES AND SURRENDER TO THE MAGISTRATES COURT AT THE END OF

14 DAYS.

3. IF THE FORMER, A HEARING IS UNLIKELY TO BE HELD FOR 2 OR 3 MONTHS: IF THE LATTER, IT IS PROBABLE THAT THE MAGISTRATES COURT WOULD EXTEND THE TIME PERIOD FOR ANOTHER 14 DAYS. IF PAYMENT WAS NOT EFFECTED BY THE END OF THAT PERIOD, THE COURT WOULD, UNDER SECTION 51 OF THE MAGISTRATES' ORDINANCE, SEEK A WARRANT OF DISTRESS TO EFFECT RECOVERY OF THE SUMS DUE. THE EFFECT OF THIS WOULD BE THAT THOSE CONVICTED WOULD NOT (NOT) BE IMPRISONED.

4. WHICH COURSE OF ACTION THEY DECIDE TO TAKE WILL PROBABLY BE

DETERMINED BY THE EXTENT TO WHICH THE LOCAL MEDIA SUPPORT OR CONDEMN THE CONVICTIONS. THOSE CONVICTED, TOGETHER WITH OTHER PRO- DEMOCRACY ACTIVISTS, INTEND TO PRESENT A PETITION TO MR MAUDE TONIGHT WHEN HE VISITS THE LEGISLATIVE COUNCIL FOR A MEETING WITH

OMELCO. THERE WILL SUBSEQUENTLY BE A SMALL DEMONSTRATION AT

GOVERNMENT HOUSE LED BY THE 5TH APRIL ACTION GROUP.

5. IN PUBLIC, WE ARE TAKING THE LINE THAT IT WOULD BE INAPPROPRIATE

TO COMMENT ON THE OUTCOME OF INDIVIDUAL PROSECUTIONS. AS

BACKGROUND, WE ARE DEPLOYING THE MATERIAL SET OUT IN OUR TELNO 73

TO PEKING.