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Broadcast of bus spam on public
buses is likely to attract constitutional challenge under the Basic
Law on many fronts. (details under separate cover). For now, let
us consider opinions from other jurisdictions when they view broadcasts
on public transportation:
 "In
asking us ... to accept his message [advertisement] as a vindication
of his constitutional rights, the petitioner overlooks the constitutional
rights of the commuters.
 While
petitioner clearly has a right to express his views to those who
wish to listen, he has no right to force
his message upon an audience incapable of declining to receive it.
In my view the right of the commuters to
be free from forced intrusions on their privacy
precludes the city from transforming its vehicles of public transportation
into forums for the dissemination of ideas upon this captive audience.
"
HK
 We
will prove in coming issues that the operation of M-Channel, Roadshows
and any such broadcasts on public buses are in contravention of
rights of passengers as guaranteed under the Basic Law of Hong Kong
SAR, in particular those provisions under Chapter III : Fundamental
Rights and Duties of the Residents which are listed as follow:
Article 25
All Hong Kong residents shall be equal before the law.
Article 27
Hong Kong residents shall have freedom of speech, of the press and
of publication; freedom of association, of assembly, of procession
and of demonstration; and the right and freedom to form and join
trade unions, and to strike.
Article 28
The freedom of the person of Hong Kong residents shall be inviolable.
No Hong Kong resident shall be subjected to arbitrary or unlawful
arrest, detention or imprisonment. Arbitrary or unlawful search
of the body of any resident or deprivation or restriction of the
freedom of the person shall be prohibited. Torture of any resident
or arbitrary or unlawful deprivation of the life of any resident
shall be prohibited.
Article 32
Hong Kong residents shall have freedom of conscience.
Hong Kong residents shall have freedom of religious belief and
freedom to preach and to conduct and participate in religious activities
in public.
Article 34
Hong Kong residents shall have freedom to engage in academic research,
literary and artistic creation, and other cultural activities.
Article 38
Hong Kong residents shall enjoy the other rights and freedoms safeguarded
by the laws of the Hong Kong Special Administrative Region
Article 39
 The
provisions of the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural
Rights, and international labour conventions as applied to Hong
Kong shall remain in force and shall be implemented through the
laws of the Hong Kong Special Administrative Region.
The rights and freedoms enjoyed by Hong Kong residents shall not
be restricted unless as prescribed by law. Such restrictions shall
not contravene the provisions of the preceding paragraph of this
Article.
Article 40
The lawful traditional rights and interests of the indigenous inhabitants
of the "New Territories" shall be protected by the Hong
Kong Special Administrative Region.
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