Statement - Protest against the suppression of civil rights by the Hong Kong Police

Statement - Protest against the suppression of civil rights by the Hong Kong Police

August 20, 2002

Statement
Protest against the suppression of civil rights by the Hong Kong Police

20 August 2002

In response to the recent brutal and barbaric interferences of peaceful public processions and meetings by the Hong Kong Police Force, we unanimously express deep regret and disgust towards such police measures. A review of a series of recent incidents has shown a consistent pattern of abuse of powers by the police force in obstructing the exercise of civil rights by Hong Kong people. These include:

18 Aug 2002	The forceful confiscation of loudhailers used by peaceful demonstrators claiming that the noise would disturb the inauguration ceremony of the MTR Tseung Kwan O Line.
1 Jul 2002	Confined protestors to sites far away from the Flag Raising Ceremony citing security reasons. Attempted to forcefully seize the loudhailers from the demonstrators claiming that the police had received complaints.
30 Jun 2002	Forcefully seized the loudhailers from peaceful demonstrators outside the former Government House claiming that the police had received complaints. The police also used unlawful force against the Director of Hong Kong Human Rights Monitor who was there as a demonstration observer.
9 May 2002	Student leaders and an activist were arrested in the early morning from their homes for organising a peaceful procession against the abuse of police powers. Charges were laid against them for organising an unlawful public gathering.
25 April 2002	Forcefully broke up a protest in Chater Garden being held by a group of right of abode claimants who had their citizenship stripped by the Government. Obstructing normal journalistic activities by restricting them to a press area and unlawfully handcuffed two journalists interfering in their reporting duties.
14 Mar 2002	Arrested and prosecuted a group of Falun Gong practitioners for their peaceful and non-obstructive sit-in on the side of pavement outside the Liaison Office of the Central People's Government claiming that the practitioners were obstructing a public place contravening a provision of the Summary Offences Ordinance enacted to address problems of hawkers.
Jan 2002	Sealed off the square outside Government Headquarters indefinitely to exclude the public and protestors from entering or staging any protests there.
10 Nov 2001	Seized by force the banner with the words "Ending the state terrorism of Jiang Zemin" being displayed in a demonstration by a group of Falun Gong practitioners on the ground that they had not received any written approval under Section 104A of the Public Hygiene and Urban Services Ordinance which applies only to unlawful posters on the streets but has nothing to do with banners in any protests. No laws in Hong Kong require prior permission by any authorities for putting up a banner during a demonstration.
1 Oct 2001	Forcefully confiscated the loudhailers from peaceful demonstrators.
1 Jul 2001	Seized by force the loudhailers from peaceful demonstrators
8 May 2001	Used violence to seize the vehicle of the Hong Kong Alliance in Support of Democracy in China on its way to send materials to a demonstration and to detain volunteers of the Alliance under the pretext of having to conduct a vehicle examination.

All these incidents have shown that the Police completely ignore Hong Kong people's basic rights to speech, procession and assembly. The Police tried to suppress demonstrators and protestors using loopholes of existing laws and regulations or worse, by using totally irrelevant ordinance. They are "pulling the wool" over the public eyes by saying they are "working in accordance of law" when they are in reality acting to further narrow the freedom of Hong Kong.

The International Covenant of Civil and Political Rights and the Hong Kong Bill of Rights Ordinance protect the rights to speech, procession and assembly among other rights. Government institutions would only be allowed to impose indispensable restrictions on such freedoms when actions concerned would pose danger to public order etc. All restrictions on these freedoms have to comply with international human rights standards. However, the Hong Kong Police have failed to facilitate the peaceful demonstrations listed above, they have also used all sorts of measures to obstruct the public events and prevent citizens of Hong Kong from holding peaceful assemblies.

Moreover, the Police have so far failed to maintain neutrality when they oversee the demonstrations. They frequently stir up the emotions of demonstrators and even violently intervened in demonstration when it is completely unnecessary to do so. In addition, they act knowingly in breach of the law such as by seizing the demonstrator's loudhailer, acting in breach of public order, interfering with citizen's property and putting demonstrator's safety at risk. They even go as far as to physically hurt an independent demonstration monitor and handcuff journalists covering the demonstration. As indicated above, the Police obviously have targeted groups holding different views from the Government and there are grounds to believe that the Police force have degenerated into a tool to suppress demonstrations of a political nature.

The SAR Government should act in accordance with Article 39 of the Basic Law to ensure that Hong Kong people enjoy civil rights enshrined in the International Covenant on Civil and Political Rights. All legislation and enforcement agencies must comply with the Covenant. The incidents listed above indicate that the current laws are too vague, and give the Police too much power to restrict public assembly and procession.

We therefore demand:

1. that the Summary Offences Ordinance be amended immediately to prevent it from being abused or used to forbid demonstrations and public assemblies from taking place in public space;

2. that the Public Order Ordinance and all laws that may be interpreted to repress the public from the freedom of protest and assembly be amended immediately;

3. that the Police Force Ordinance be amended immediately to define more clearly the power and authority of the police in overseeing demonstrations and public assemblies; and

4. that the Police General Order, which is drawn up by the police and presently has no legal bidding effect, be made a statutory document subject to regular reviews and revisions by the Legislative Council.

Co-signed by:

April 5^th Action

Democratic Party

The Frontier

Hong Kong Confederation of Trade Unions

Hong Kong Human Rights Commission

Hong Kong Human Rights Monitor

Neighbourhood and Workers Service Centre