TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 29

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1860

OF 131119Z JUNE 90

CONFIDENTIAL

032055 MDHIAN 4625

PERSONAL FOR PAUL, HKD FROM GOVERNOR

YRTELNO 1103: PROSECUTION OF 4 MEMBERS OF THE UNITED DEMOCRATS OF HONG KONG (UDHK)

1. YOU ARE RIGHT THAT THESE PROSECUTIONS ARE A MATTER FOR THE PROSECUTING AUTHORITY. THIS IS A SPHERE WHERE THE ATTORNEY GENERAL AND, UNDER HIM THE DIRECTOR OF PUBLIC PROSECUTIONS, ACT INDEPENDENTLY OF THE EXECUTIVE.

2. YOU MIGHT FIND IT USEFUL TO HAVE SOME FURTHER BACKGROUND ON THESE PROSECUTIONS. THERE ARE THREE SEPARATE CASES INVOLVING A TOTAL OF SEVEN PEOPLE.

3. THE FIRST INCIDENT INVOLVED THE REV FUNG CHI-WOOD, ONE OF THE LEADERS OF THE ASSOCIATION FOR THE PROMOTION OF DEMOCRACY. FUNG APPLIED TO THE POLICE ON 30 DECEMBER 1989 FOR PERMISSION, UNDER THE SUMMARY OFFENCES ORDINANCE, TO USE A LOUD HAILER TO LEAD A PROCESSION IN MONGKOK TO DEMONSTRATE AGAINST THE BASIC LAW. HE WAS REFUSED PERMISSION. UNDER THE SUMMARY OFFENCES ORDINANCE A PERMIT IS ALSO REQUIRED TO COLLECT MONEY. FUNG DID NOT APPLY FOR ONE.

4. DURING HIS MARCH FROM MONGKOK TO THE STAR FERRY ON 6 JANUARY, FUNG BOTH USED A LOUD HAILER AND COLLECTED MONEY. HE WAS WARNED REPEATEDLY BY THE POLICE DURING THE MARCH THAT HE HAD NO/NO PERMIT EITHER TO USE A LOUD HAILER OR TO COLLECT FUNDS. NEVERTHELESS, FUNG PERSISTED FOR SEVERAL HOURS IN DOING BOTH AND WAS AFTERWARDS SUMMONSED UNDER THE RELEVANT PROVISIONS OF THE SUMMARY OFFENCES ORDINANCE. HE ALSO FAILED TO PRODUCE PROOF OF IDENTITY ON DEMAND BY A POLICEMAN AND INSTRUCTED HIS FOLLOWERS TO DO THE SAME. HE WAS THEREFORE SUMMONSED FOR FAILING TO PRODUCE PROOF OF IDENTITY AND OBSTRUCTING A POLICE OFFICER.

5. FUNG HAD EARLIER LED A HUNGER STRIKE BETWEEN 25 AND 27 DECEMBER 1989 AT THE STAR FERRY WHERE A LOUD HAILER WAS ALSO USED AND FUNDS WERE COLLECTED WITHOUT A PERMIT. HE WAS WARNED REPEATEDLY THAT HE WAS BREAKING THE LAW, BUT NO ACTION WAS TAKEN AGAINST HIM ON THAT

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CONFIDENTIAL