§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs how many people have been charged under the summary offences ordinance in Hong Kong for each year in the last five years.
§ Mr. Lennox-BoydThe information requested is not readily available and could be provided only at a disproportionate cost.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs how many people have been charged in Hong Kong with collecting money in public without a permit for each year in the last five years.
§ Mr. Lennox-BoydAlthough no detailed analysis has been made, the Hong Kong Government consider it likely that only a very small number of prosecutions have been undertaken in recent years.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs whether the Hong Kong Government intend to ban the use of loudspeakers by any member of the public.
§ Mr. Lennox-BoydNo.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the effect on civil and political rights in Hong Kong of the recent prosecutions under the summary offences ordinance.
§ Mr. Lennox-BoydIt would not be appropriate to comment on the details of specific cases at this stage since the matter is sub judice pending the outcome of current court hearings. But it would not be right to view the current controls on the use of loudspeakers in public and the public collection of money as an infringement of civil liberties. These laws are of long standing and are widely understood, and supported, in the community. It should be noted that the international covenant on civil and political rights provides that the exercise of the right to freedom of expression and of peaceful assembly may be subject to restrictions necessary, inter alia, for the respect and protection of the rights and freedoms of others. The restrictions on the use of loudspeakers is imposed very much with this in mind as excessive noise in a public place may create nuisance for members of the community.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs whether the Hong Kong Government intend to repeal the summary offences ordinance.
§ Mr. Lennox-BoydNo.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs how many people have been charged with using a loud hailer without a permit in Hong Kong for each year in the last five years.
§ Mr. Lennox-BoydBecause prosecution records in Hong Kong are not computerised, the information requested is not readily available and could be provided only at disproportionate cost.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs what estimate the Hong Kong 479W Government are able to make of the total amount collected in the pro-democracy rallies of 1989; and whether anyone was charged with the offence of collecting money without a permit.
§ Mr. Lennox-BoydThe Hong Kong Government have not made an estimate of the total amount of money collected at large-scale rallies during 1989 and do not consider it appropriate to do so. In the immediate aftermath of June 4 1989, when public emotions ran high, the law was applied in a flexible manner and no one was charged with collecting money in public without a permit.
§ Mr. SoleyTo ask the Secretary of State for Foreign and Commonwealth Affairs whether the proposed Bill of Rights for Hong Kong will entail the repeal of the summary offences ordinance or any part of it.
§ Mr. Lennox-BoydExisting legislation in Hong Kong, including the summary offences ordinance, is being reviewed to ensure that all provisions are in line with the proposed Bill of Rights.