TNAG-2005-FCO40-2853-Hong-Kong-political-parties-1990 — Page 3

I now return to the "excuse" referred to in Section

MT-

Defence pay that Eha

Mr. FUNG submitted that the Defendants were responding

to an invitation by the Hong Kong Government for the public to

express their views on the future Constitution of Hong Kong. The

Defendants were doing their besi to "galvanise" a iwapuna. frwm

the public. The argument was that because what the Defendante

was doing was "good", it provides the best possible "exousa" in

law.

with respect to Mr. Fuike, that is a flawed argumen

because it calls for a value judgment. What is "good" is

subjective. Even if somebody is doing something "good" he may

be faulted in law.

Let me explain by going back to the example of the

school teachers using loudhailers on school outingo.

Normally those teachers would be able to rely on the

"excuse provided by Section 4, because normally the use of the

loudhailers will be necessary and justifled. The loudhailers

will normally be used to keep vides and/or to keep the grou

informed if there is a change of plans.