TNAG-2210-FCO40-3170-Future-of-Hong-Kong-political-parties-1991 — Page 121

1991-01-21

ECURITT ORANGT

police buc there would be nɔ prosecution. During the

sit-in in February last year the participants had been

warned in a very casual and friendly manner and the

police officer who gave the warning said it was given as

a matter of formality. What the police officer said

could not by itself amount to a representation of no prosecution.

I shall consider this aspect of the question of representation together with the second limb

of counsel's submission on abuse of process that the practice of no prosecution over a long period of time gives rise to a legitimate expectation that the use of

hand loudhailers and collection of money in public would

not attract prosecution.

Whilst the first argument (on representation)

relates only to the use of loudhailers, the second

argument (on practice) relates to the use of loudhailers

as well as the collection of money.

D1 had taken part in demonstrations and

gatherings since 1985 and used loudhailers for making speeches and collected money. He had been warned by the

police that to do SO without permit

permit was illegal but

never prosecuted.

D2 had been using loudhailers and amplifying

equipment to make speeches for 21 years and never

prosecuted. Similarly he had collected funds in the

past and the police had never interferred with those

collections. Though warned, he became convinced that

the police would never in fact prosecute him.

He

D3 had used a loudhailer and collected money

on many occasions, and had never been prosecuted.

said in evidence that the police attitude had led him to