TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 50

RESTRICTED

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SMALL NUMBER OF PROSECUTIONS HAVE BEEN UNDERTAKEN IN RECENT YEARS.

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

SOCIAL WELFARE UNDER SECTION 4(17) OF THE ORDINANCE 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 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.

UNQUOTE.

6. NO. 3004

QUOTE

THE HONG KONG GOVERNMENT DOES NOT/NOT INTEND TO BAN THE USE OF LOUDSPEAKERS BY MEMBERS OF THE PUBLIC.

7. IN HONG KONG, CONTROLS ON THE USE OF LOUDSPEAKERS IN PUBLIC ARE PROVIDED UNDER BOTH THE NOISE CONTROL ORDINANCE AND THE SUMMARY OFFENCES ORDINANCE. IN THE TERRITORY'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.

8. ((I AM UNABLE TO ACCEPT THE CONTENTION THAT THE CURRENT CONTROLS ON THE USE OF LOUDSPEAKERS IN PUBLIC INFRINGE CIVIL LIBERTIES. THESE LAWS ARE OF LONG STANDING AND ARE WIDELY UNDERSTOOD, AND SUPPORTED, IN THE COMMUNITY. OTHER THAN IN THE PERIOD IMMEDIATELY AFTER 4 JUNE 1989, WHEN PUBLIC EMOTIONS RAN HIGH AND A FLEXIBLE PRAGMATIC APPROACH WAS QUITE RIGHTLY ADOPTED BY THE POLICE, THEY HAVE BEEN APPLIED CONSISTENTLY AND WITHOUT ANY PARTICULAR DISCRIMINATION. NEVERTHELESS, MEMBERS WILL WISH TO KNOW THAT ALL EXISTING LEGISLATION IN HONG KONG IS CURRENTLY BEING REVIEWED TO MAKE SURE THAT IT IS FULLY COMPATIBLE BOTH WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND WITH THE PROVISIONS OF A BILL OF RIGHTS WHICH IS ABOUT TO BE CONSIDERED BY THE LEGISLATIVE COUNCIL)).

UNQUOTE.

9. NO. 3005