TNAG-2005-FCO40-2853-Hong-Kong-political-parties-1990 — Page 4

If, however, the school teacher puts the loudhailer

to a use which is not necessary or justified, then that school

teacher will not be able to rely on the "excuse" provided by

Section 4. If the school teacher used the loudhailer to

broadcast "pop" music continuously to entertain the students

instead of to keep order; or, the school teacher used the

loudhailer to drill the students on the multiplication tables

in the streets, instead of to convey important information on

the outing, then it is doubtful if that teacher would have an

Hexaumell in law.

The teet then must be whether the use of the loudhailer

If . was "necessary and justified", a test which is objective. the "necessity" principle is not applied, and value judgment im

to be used, then there would be constant argument on what is or

is not a "good" reason.

I have no doubt in my mind that these Defendants'

motiven are good. It may be that these Defendants vāză aloc doing those activities for a good cause, but Mr. FUNG has failed to convince me that on the evidence, what they were doing was

both necessary and justified.

Mr. HO Chun-yan, (the only Defendant that gave evidence)

liver short said that loudhailers were used to enable us to

Speeches

so that interested parties could hear Qu

He said loudhailers were also used to "broadcast a song from time

to time

to boost the morale of the participants".