TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 233

of women in Hong Kong: Article 1 states that men and women have an equal right to enjoyment of the rights in the Bill

and Article 22 states that all persons are equal before the

law.

Prosecutions brought against leading liberals for

unauthorised use of Loudspeakers

7.

During January and February 1990, several leading

liberals in Hong Kong conducted marches to demonstrate

against the Basic Law. They used loudspeakers and collected

money from the public during these demonstrations despite

warnings from the police that they had not obtained the

necessary permits. The organisers were warned by the police that they were in breach the law but they ignored the

warnings. As a result the prosecuting authorities decided

to issue summonses under the Summary Offences Ordinance for

the illegal use of loudspeakers and unauthorised collection

of funds. In July 1990 the defendents were all found guilty

and each fined a token sum (£10). These cases are still subjudice pending appeal.

8.

These prosecutions attracted adverse publicity both here and in Hong Kong. It was suggested that the laws concerned made it difficult to conduct a proper election campaign and were designed to stifle democratic

expression. The Hong Kong Government are currently reviewing all existing legislation to ensure that it is

compatible with the Bill of Rights and the relevant

provisions of the International Covenant on Civil and

Political Rights. But it is unlikely that the Summary

Offences Ordinance will be repealed since the ICCPR

permits restrictions necessary for the protection of the

rights of others and public order.

References: A Joint Declaration

MUKALF/3

VAS

B Basic Law

C Hong Kong Draft Bill of Rights