T
1991-01-18 20:04 G.I.S
From: GIS. Press Enquiries Desk
Tel.: 8428747
Mr faul Miss Masden, Ms often Y
ди
zil,
No221,
Date:
18.1 91
HKB 01
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Message from :
Subject:
PIO/Judiciary via CDU
1140
hours
Appeals in Loudhailer case granted T
T
abuse of
Dede's
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The Chief Justice, Sir T.L. Yang today granted the appeals hy five social activists (Yeung Sum, Lau Chin-shek, Lee Wing-tak, Ho Chun-yan and Wong Pik-wan) against their convictions for using loudhailers illegally and collecting donations without DSW's approval.
In delivering the judgement the CJ made reference to the appellants' lawyers' statement that the police, over a long period of time, some 18 years or more, had not prosecuted any person under sub-sections 17 and 29 of the Summary Offences Ordinance. The defendants have an excuse in using loudhailers honestly and reasonably believing that it was permissible to do so.
The CJ said: "For well over a decade the Police often issued warnings against the use of loudhailers and collections of money without permit, but have never actually prosecuted any person. Often the warning was given as a formality or routine which can only mean to those warned that it will not be followed by a prosecution even if the warning was not heeded, In those circumstances, a practice has been established whereby breaches and continued breaches of the law would not encounter anything worse than a warning,
"The appellants and anyone who take part in demonstrations may therefore be forgiven for arriving at the conclusion that warnings will not be followed by prosecutions even if the warnings were ignored."
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