TNAG-2004-FCO40-2852-Hong-Kong-political-parties-1990 — Page 72

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THE ALLIANCE OF HONG KONG CHINESE IN THE UNITED STATES 1377 K Street, NW, Suite 151, Washington, DC 20005 U.S.A. Tel: (202) 310-1783 Fax: (301) 441-2784

His Excellency the Governor Sir David Wilson, KCMG Hong Kong

Dear Governor,

July 11, 1990

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We are writing to express our grave concern towards the indictment of the six pro-democ- racy activists in Hong Kong: Ho Chun Yan, Yeung Sum, Wong Pik Wan, bee Wing Tat, Lau Chin Shek and Tsang Kin Shing. Five of the six are charged with using hand-held mega- phones in public without a permit from the Commissioner of Police, and collecting money from the public without a permit from the Director of Social Welfare. Yeung Sum is charged only with the latter offense. These six will stand trial on July 13, 1990.

The two charges stem from a lawful protest organized by the accused in February against the failure of the British and Chinese governments to honor the Sino- British Joint Declara- tion of 1984 and their assurance of democracy in Hong Kong. We seriously suspect the moti- vation of the Hong Kong Government behind these indictments, which were not issued until three months after the incident, and as it happened, only two weeks before the June 4 activi- ties commemorating last year's Tiananmen Square Massacre.

We feel that the indictment and the pending trial are highly politically motivated, because 1. the statute chosen using hand-held megaphones in public without a permit from the Commissioner of Police -- is one which the Government almost never enforces despite its day-to-day violation by school teachers and tour guides;

2. the Hong Kong Government has singled out six of the colony's most prominent pro-de-

mocracy activists from among the many protesters with like practices;

3. the offense charged stem from a lawful and orderly protest against the very sensitive issue

of denial of democracy to Hong Kong;

This action of the Hong Kong Government violates Article 16 of the proposed Hong Kong Bill of Rights, and Article 19 of the International Covenant on Civil and Political Rights which the British Government ratified in 1976 and extended to ten British dependent territories in- cluding Hong Kong, where its continued application beyond 1997 is also guaranteed in the Si- no-British Joint Declaration.

Such a politically motivated prosecution does grave damage to the credibility of the Joint Declaration in protecting human rights in Hong Kong after 1997. It weakens the confidence of Hong Kong residents on their legal system, and diminishes the faith of overseas Chinese on a free and democratic Hong Kong. An immediate consequence will be the worsening of the brain drain crisis; as more talents are leaving Hong Kong, fewer would be willing to re-

turn.

Winston Chan, Chairman Chiu-Chun Lee, Vice-Chairman Ka-Fai Ma, General Secretary Alex Wai, Coordination Secretary