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Ein kurzer
Einblick in den Gesetzestext für Demonstrationen in Hong Kong (Englisch
mit den entsprechenden Links)
The
Public Order Ordinance is listed in Chapter 245 of Hong Kong Laws, where
you could look up at
http://www.justice.gov.hk
The relevant part concerning permit from the police
is section 7: Regulation of public meetings
here.
Basic Law: Article 27 of the Basic Law provides
that:“ Hong Kong residents shall have freedom of speech, of the press
and of publication; freedom of association and assembly, of procession
and demonstration; and the right and freedom to form and join trade
unions and to strike”.
Article 41 of the Basic Law provides that:- “
Persons in the Hong Kong Special Administrative Region other than Hong
Kong residents shall, in accordance with law, enjoy the rights and
freedoms prescribed in this Chapter.”
The provisions of the International Covenant on Civil
and Political Rights (“ICCPR”), referred to in Article 39 of the Basic
Law, are applied in Hong Kong by the Bill of Rights Ordinance, Cap.
383. Part II of this Ordinance contains the Hong Kong Bill of Rights (“BORO”),
the Articles of which closely follow and are in many cases identical
with the articles of the ICCPR which they implement.
The Hong Kong courts have considered Article 27 of
the Basic Law and Article 16 of the Bill of Rights in several cases.
However the present case is the first which is directly concerned with
the right of demonstration in Article 27. Hong Kong is one of the few
jurisdictions which is subject to a constitution which explicitly
includes a right of demonstration.
Any demonstration may potentially cause some
obstruction to some-one, in the sense that another person may have to
pause or to deviate from a direct route in order to go round it. For a
right to demonstrate to be a meaningful right it must imply some degree
of permitted obstruction or potential obstruction. Insofar as a
peaceful and orderly demonstration is in this sense an obstruction,
actual or potential, it must be regarded as a lawfully authorised
obstruction, authorised by Articles 27, 39 and 41 of the Basic Law.
Compared with many demonstrations in Hong Kong the
impact of the Defendants’ demonstration was minimal. It was entirely
peaceful. It did not constitute any threat to public order. It was very
small. The prosecution has produced no direct evidence that anyone was
obstructed, despite many hours of video evidence. The pavement at the
location was extremely wide on the day in question (it has since been
narrowed by roadworks). It would be difficult in the urban area of Hong
Kong to find a public location where anyone would be less likely to be
obstructed by a small group of demonstrators than this location.
If a small peaceful demonstration which has not
actually obstructed anyone is not to be allowed at one of the most
obvious locations for demonstrations in Hong Kong the rights of free
speech and freedom of assembly in Hong Kong have been not merely
restricted, but dramatically curtailed. Such curtailment cannot be
justified on any of the grounds listed in Articles 16 or 17 of the Bill
of Rights.
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