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BUS OPERATORS VIOLATING PASSENGERS’ RIGHTS RECOGNIZED IN THE COVENANT
1. FACTS
Since the airing of broadcasts in bus compartments in public buses
in Hong Kong SAR (called hereafter the “Bus Show”), bus companies,
the government and the public media have received numerous complaints
regarding interference on the passengers caused by those broadcasts,
in particular, passengers are deprived of their right to opt out
the reception of those broadcasts.
Details may be found in various newspapers in the SAR, complaint
letters to the government, complaints to the Ombudsman of the SAR
and various web sites, for instance: www.citizensparty.org.
2. OUR CONCERNS:
It is our position that what the bus companies have done amounts
to gross violation of rights [of bus riders] mentioned in the Covenant
and protected under the Bill of Rights Ordinance and the Basic Law.
3. GOVERNMENT'S HANDLING OF THE ISSUE
So far, the Ombudsman rejected the complaint by one party. The Transport
Department has suggested the establishment of a quiet zone. The
Attorney General has so far done nothing that the public is aware
of in stopping the bus companies from their daily infringement on
passengers’ rights and freedom. Our observation and analysis suggest
that the Government has a duty and has failed to protect rights
and freedom of people of Hong Kong SAR.
In particular, referring to the Covenant:
Article 2 - Ensuring to all individuals the rights recognized in
the Covenant
Article 2 and human rights provisions in the Basic Law and the
Hong Kong Bill of Rights Ordinance impose a positive duty upon the
Government to make laws to safeguard rights recognized in the Covenant
(“Rights”). In the Bus Show case, the Government has not acted to
stop the violation.
An independent body established by law to investigate and monitor
human rights violations in HKSAR might help.
Article 5 - Prohibition on destruction of any rights and freedoms
recognized in the Covenant
Once alert to plausible violation of Rights, HKSAR has a duty to
investigate. Currently, the public is not aware of the existence
or its structure of an internal review on complaints handling procedures
in the Bus Show case so that we would know what and which issues
the Transport Department has addressed to.
Nor is the public well informed about the Prosecution Policy of
the Department of Justice.
In total, it appears that HKSAR has failed once again its duty
to protect its people from violation of their Rights.
Article 7 - No torture or inhuman treatment and no experimentation
without consent
We submit that the bus show is an instance of the alleged use of
torture and the bus companies have obtained legal protection to
perpetuate the condemned practice.
Article 9 - Liberty and security of person
Liberty of passengers and security of children passengers are at
risk when they board a bus in HKSAR as reasoned in the current site.
Article 14 - Equality before courts and right to fair and public
hearing
Bus companies’ right of expression trumps passengers’ rights of
freedom to choose not to listen and watch the Bus Show. Passengers
are economically not as well off and not as well equipped with legal
backing when compared to the bus companies to exercise their right
to fair hearing and to make use of the legal remedies available
to them. HKSAR should, as other jurisdictions, step in and take
those bus companies to court. As such article 14 is not realized
in HKSAR.
Article 17 - Protection of privacy, family, home, correspondence,
honour and reputation
HKSAR’s sanctioning of the daily broadcasts on buses, thus allowing
the bus operators to violate the right to privacy of the passengers
defeats the purpose of 17 of the Covenant.
Law Reform Commission’s report on stalking (new topic)
Bus operator's stripping riders’ right to opt out of the Bus Show
amounts to Stalking. We propose the inclusion of such actions in
the condemned list in your Law Reform Commission’s report on stalking.
Article 18 - Freedom of thought, conscience and religion
The Bus Show effectively prevents passengers from exercising their
right to freedom of thought and religion.
Article 19 - Freedom of opinion and expression
Article 24 - Rights of children
As reasoned, rights of children and that of their parents are gravely
frustrated when they have become riders of buses in HKSAR
The Child Ambassador Scheme (new topic)
We suggest the use of the Bus Show as a study project in the Child
Ambassadors Program.
Article 26 - Right to equal protection before the law
As explained above, bus passengers, as a group, because of lack
of knowledge about their rights, their lack of knowledge of the
operation of franchised bus operations, advertisements, broadcasting,
etc… and their feeble economic power, when compared to the bus companies
and in the absence of assistance from the HKSAR, do not have right
to equal protection before the law.
We claim the Bus Show is a form of discrimination against bus passengers
on ground of their low economic status.
We also claim the Bus Show is a form of discrimination against
bus passengers on ground of their low knowledge level towards the
whole matter.
See also --> Infringement under the Bill
of Rights Ordinance
note: We were refused access by the Ombudsman of
HKSAR to the report on complaint of Roadshow or M-Channel and the
following:
"Submission from Hush-the-Bus on noise nuisance
created by multi-media advertising on franchised buses (For members
only) [CB(1)118/02-03(01)] (25 October 2002)"
... as shown on web site of Legislative Council of HKSAR under the
heading: Panel On Transport. Their address: www.lego.gov.hk/yr02-03/english/panels/tp/papers/
We were told that we could not read the above paper because we were
not member of the Council.
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