Released on May 31, 2010

Amnesty International Hong Kong (AIHK) is very concerned that, one week before the 21st Anniversary of the Tiananmen Crackdown, the Hong Kong SAR government has taken action  to curtail commemorative activities

The Hong Kong Alliance in Support of Patriotic Democratic Movements of China (The Alliance) made two attempts to exhibit a replica of the Goddess of Democracy in Times Square, Causeway Bay on May 29 and May 30 to call for "vindication" for the pro-democracy protestors killed and imprisoned in 1989. On both occasions, police intervened, confiscating the sculptures and arresting 13 people on May 29 and two people on May 30.

The police explained that they had confiscated the sculptures following complaints from the Food and Environmental Hygiene Department that the organizers did not have a licence as required under the Public Entertainment Ordinance. The Alliance had followed procedures under the Public Order Ordinance used to regulate public rallies and assemblies.

"We are concerned that this may mark the beginning of the use of alternative ways to further curtail freedom of expression in Hong Kong," said Milabel Cristobal, Director of AIHK, "The definition of 'entertainment' in the ordinance is vague and the ICCPR's protection of the freedom of expression includes political opinion and 'entertainment'".  

AIHK is also concerned with the management of public areas within private premises. A spokesperson for Times Square stated that they did not condone political activities in the public area in the mall.It should be noted that the government is currently drafting guidelines on private sector management of public areas.

"In the meantime, the HKSAR government needs to ensure that freedom of expression, which includes expression of political opinion, can be pursued in public space, even if it is managed by the private sector," said Milabel Cristobal.

Hong Kong has ratified the International Covenant on Civil and Political Rights (ICCPR). The covenant entitles everyone to the right to freedom of expression without arbitrary interference and by various means, including artistic expression. AIHK urges the HKSAR government to ensure that Hong Kong's commitments under the ICCPR to uphold freedom of expression and the right of peaceful protest are upheld.