We are a concerned social group and our position on the public order ordinance are as follows:
We
believe that the right of expression is a fundamental human right - one which
should not be subject to control by the authorities. The right of expression can
be manifested in several ways - the right of demonstration, the freedom of assembly,
the right to express one's opinions through print, etc. This right should be available
to all regardless of age, sex or religion. We also believe that the government
must respect these rights and freedoms and that the government is under a positive
obligation to help individuals to realize such rights.
At present, the public
order ordinance severely restricts the scope for individuals and organizations
for expression by placing specific measures in place. These measures include giving
the authorities excessive powers in permitting or prohibiting the right of assembly,
such as requiring adherence to unreasonable notification periods, heavy penalties,
and putting in place an ineffective appeals system.
In reality, the united
nations have pointed out in an 1999 report to the HK government that they are
concerned with the public order ordinance, since it unreasonably undermines the
freedoms enshrined in the International Covenant on Civil and Political Rights.
The Right of Civil Disobedience
The right
of civil disobedience is fundamental human right. At the heart of this right is
the emphasis on peaceful methods of demonstrating disapproval of unreasonable
states of affairs such as unfair laws or practices. On February 10th, Leung Kwok-Hung,
Christopher Fung, and Chris Lo were involved in a peaceful demonstration, showing
their disapproval for the court excessively punishing Leung Chun-Wai, a peaceful
demonstrator. In response to this unfair prosecution, many individuals and organizations
showed their objection through civil disobedience, deliberately demonstrating
by not applying for approval from the authorities. Such action was staged in order
to show the HKSAR that the right to demonstration is a fundamental human right
- one that should not require approval from authorities or should be subject to
any restrictions. The demonstration was in protest of the public order ordinance,
on the grounds that it unreasonably restricts the right to demonstrate by requiring
individuals to apply for approval from authorities.
The right of peaceful
demonstrations is an important aspect of citizenship, since it allows citizens
to express their disapproval against unfair government practices. It is also an
important catalyst for social change.
The public order ordinance restricts fundamental civil freedoms.
Ever since the changeover, the HKSAR has used the public order ordinance in a
way as to surpress dissenting opinions by requiring demonstrators to apply for
a certificate of no-objection from the police 7 days in advance. If such a certificate
has not been awarded, the demonstrators risk being prosecuted as illegal lawbreakers,
punishable for up to 5 years in prison. This law allows the government to trample
on fundamental citizens' rights. The police has used this law repeatedly to blacken,
prosecute and to surpress demonstrators. We now express our profound disapproval
for the police's actions in selectively prosecuting Leung Kwok-Hung, Christopher
Fung, and Chris Lo. We believe that such action is one further step by the HKSAR
in destroying the common thread that binds society together, one further step
in breaking apart the cohesion that brings us together.
We believe that the
law should not be used to suppress dissenting opinion, but should instead be used
to promote the rights of citizens and the protect citizens against unfair government
actions.
Our demands
In order to protect
citizens' freedom of expression and in order to protect social stability, we ask
the HK government to :
1) Immediately amend
the public order ordinance, abolish the requirement of notification , and to respect
the right of assembly in the spirit of international coventions.
2) to immediately
cease to prosecute the 3 individuals involved in peaceful demonstrations on February,
10th, 2002.
Ways to join:
To กGSecretariat, Amend POO Action Group
(Members of the Secretariat:
Ivy Chan 9686 4842,
Kandy Wong 9881 0818 or Justin Chau 6185 0440)
Fax
: 2787 3120
1. I / we* will / will not* sign Joint Declaration on "Give
Us back Our Civil Rights and Amend Public Order Ordinance".
* delete
where appropriate
Newspaper : Apple Daily
Date :20th September, 2002
(Friday)
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* delete where appropriate
Completed forms with cheques could be posted to:
Hong Kong Federation of Students
Floor 9, Waitex House,
7-9 Mongkok Road, Kowloon,
Hong Kong
Or completed forms by fax (fax number: 2787 3120) and cheques by hand or by post afterwards.